express limited waiver (Virginia) · Go Syfert
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express limited waiver in Virginia

6 Virginia opinions name it 3 courts 2004–2024 4 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Bates v. Commonwealthgreen
va · 2004 · cited in 4 Virginia opinions naming this issue, 2023–2024
2 sentences

2024In 1981, the Virginia legislature enacted the Virginia Tort Claims Act, which “constitutes an express limited waiver of the Commonwealth’s immunity from tort claims.” Bates v. Commonwealth, 267 Va. 387, 391 (2004); see also Code §§ 8.01-195.1 – 8.01-195.9.

2024The Virginia Tort Claims Act “constitutes an express limited waiver of the 1 Commonwealth’s immunity from tort claims” by providing that, subject to its provisions, “the Commonwealth shall be liable for claims for . . . personal injury or death.” Bates v. Commonwealth, 267 Va. 387, 391 (2004) (alteration in original) (quoting Code § 8.01-195.3). (1) “deliberate indifference by the prison administrative and security staff”; (2) “gross negligence for medical malpractice by the prison medical department staff”; and (3) “intentional infliction of emotional distress by both the prison administrativ

44
Rector & Visitors of the University v. Cartergreen
va · 2004 · cited in 1 Virginia opinions naming this issue, 2005–2005
1 sentence

2005Rector and Visitors of the University of Virginia v. Carter, 267 Va. 242, 244 (2004).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Patten v. Commonwealth green
va · 2001
1 sentence

2004Id.

12004–2004

Statutes the citing opinions construe

VA § Va. Code Ann. § 17.1-413 (4) VA § Va. Code Ann. § 8.01-195.1 (4) USC § 42u.s.c.1983 (3) VA § Va. Code Ann. § 8.01-195.3 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

VA 6 (2004–2024) TX 2 (2011–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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