Legal Opinion

Virginia Department of Transportation v. Stevens

Court of Appeals of Virginia

Decided March 31, 2009No. 1591081PublishedCited by 11 opinions

1Opinion of the Court

KELSEY, Judge.

The Virginia Department of Transportation (VDOT) fired Jerry Stevens for cursing a crew leader and threatening a coworker. After exhausting the administrative grievance process, Stevens appealed the termination decision to the circuit court. The court vacated the termination as “contradictory to law” and awarded Stevens his attorney fees. Agreeing with VDOT that the circuit court erred in doing so, we reverse.

I

Ordinarily an appellate court recites the facts in the light most favorable to the prevailing party in the circuit court. In cases involving administrative review of state…

2Cases cited11 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Cleveland Board of Education v. LoudermillSupreme Court of the United States · 1985
  3. Duane P. Brasslett v. Raymond J. Cota, Jr.Court of Appeals for the First Circuit · 1985
  4. Gary D. Swank v. James SmartCourt of Appeals for the Seventh Circuit · 1990
  5. Garraghty v. JordanCourt of Appeals for the Fourth Circuit · 1987

6 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Commonwealth v. NeedhamCourt of Appeals of Virginia · 2009
  2. John Taylor v. Virginia Alcoholic Beverage Control AuthorityCourt of Appeals of Virginia · 2019
  3. Virginia Department of Alcoholic Beverage Control v. Don C. TysonCourt of Appeals of Virginia · 2014
  4. Workman v. CommonwealthChesapeake County Circuit Court · 2011
  5. Donna Coffey v. Virginia Department of Juvenile JusticeCourt of Appeals of Virginia · 2013

6 more not listed; retrieve them via the Exa API.

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