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← 291 Va. 192 - Phelan v. Commonwealth

Phelan v. Commonwealth’s Empirical Analysis

2016

Citation profile

2
cited by 2 later decisions
1
states following
December 2017
most recently cited

2 state decisions

Relationships

Relies on Town of Crewe v. Marler · Niese v. City of Alexandria · Halberstam v. Commonwealth · Melanson v. Commonwealth · Bates v. Commonwealth

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “[T]hrough the enactment of the VTCA, the General Assembly has provided an 'express but limited waiver of the Commonwealth's immunity from tort claims.' " Phelan v. Commonwealth , 291 Va. 192 , 195, 781 S.E.2d 567 , 568 (2016) (quoting Melanson v. Commonwealth , 261 Va. 178 , 181, 539 S.E.2d 433 , 434 (2001) ); see Code §§ 8.01-195.1 through -195.9. The VTCA includes a notice of tort claim requirement, which specifically provides, as relevant here, that "[e]very claim cognizable against the Commonwealth ... shall be forever barred unless the claimant ... has filed a written statement of the nature of the claim ... within one year after such cause of action accrued.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.