Stare Decisis Cases Summarized By Accident Lawyer

Fairfax Injury Lawyer Brien Roche Addresses Stare Decisis Cases
Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Stare Decisis.   

2005 Oraee v. Breeding, 270 Va. 488, 621 S.E.2d 48.

Supreme court in this case overrules prior decision on the grounds that the prior decision clearly was wrong. Supreme court reaffirms its support for the principle of stare decisis but expressly states that where it is determined that a prior decision is simply wrong, it shall be overruled.

1999 Pulliam v. Coastal Emergency Servs., Inc., 257 Va. 1, 509 S.E.2d 307.

In this challenge to medical malpractice cap, supreme court states “Doctrine of Stare Decisis is more than mere cliche.” Doctrine plays significant role in orderly administration of justice by assuring consistent, predictable, and balanced application of legal principles. In reviewing prior decision of this court, standard of review will be whether flagrant error or mistake exist in Etheridge decision.

1997 Pavlick v. Pavlick, 254 Va. 176, 491 S.E.2d 602.

Doctrine of stare decisis plays significant role in orderly administration of justice in Virginia.

1986 Williamson v. Old Brogue, Inc., 232 Va. 350, 350 S.E.2d 621.

Where issue involves many competing considerations, legislative procedures and safeguards are particularly appropriate to task of fashioning appropriate change.

1976 Bly v. Rhoads, 216 Va. 645, 222 S.E.2d 783.

Because of concept of stare decisis, Supreme Court refused to change locality rule in medical malpractice case to statewide or national standard of care.

For more information on Stare Decisis see the pages on Wikipedia.

Free Phone Consultation

Request a Free Phone Consultation by filling out the form below. We'll be in touch shortly about your case.

"*" indicates required fields

Name*
This field is for validation purposes and should be left unchanged.

Latest Reveiw

“I have been a client of Brien Roche for over 25 years and continue to receive exception service. Over the years he has represented in numerous situations including very large commercial transactions, business issues and others. His advice is invaluable as he listens well and is very measured in his responses. He will give you options and the pros and cons of each for you to decide what is your best course of action. I strongly encourage anyone to meet with Brien before they decide who to hire to represent them.” - Clifton Killmon
Top Attorney VA