Ninth Circuit analysis (Washington) · Go Syfert
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Ninth Circuit analysis in Washington

27 Washington opinions name it 2 courts 1985–2025 3 in the last five years

The cases below were cited by Washington 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 (17)

CaseFollowedCited
cluster 471619green
ca9 · 1986 · cited in 2 Washington opinions naming this issue, 2015–2015
2 sentences

2015See Farmers, 792 F.2d at 1402 (holding that § 541(a) addresses only the transfer of debtor's interest to the estate and is "irrelevant" as to the threshold determination of the existence and scope of the debtor's interest).

2015See Farmers, 792 F.2d at 1402 (holding that § 541(a) addresses only the transfer of debt- or’s interest to the estate and is “irrelevant” as to the threshold determination of the existence and scope of the debtor’s interest).

22
Brendan McKown v. Simon Property Group Incgreen
ca9 · 2012 · cited in 2 Washington opinions naming this issue, 2015–2015
2 sentences

2015See 689 F.3d at 1093 .

2015See 689 F.3d at 1093 .

22
cluster 393283green
ca9 · 1981 · cited in 2 Washington opinions naming this issue, 2013–2013
2 sentences

2013See Shannon v. Pay ’N Save Corp., 104 Wn.2d 722, 730 , 709 P.2d 799 (1985) (adopting Ninth Circuit’s standard for proving business necessity articulated in Contreras v. City of Los Angeles, 656 F.2d 1267 (9th Cir. 1981)). ¶27 Here, Mr. Fey did not claim that the district engaged in intentional discrimination.

2013See Shannon v. Pay 'N Save Corp., 104 Wn.2d 722, 730 , 709 P.2d 799 (1985) (adopting Ninth Circuit's standard for proving business necessity articulated in Contreras v. City ofLos Angeles, 656 F.2d 1267 (9th Cir. 1981)).

22
Shannon v. Pay 'N Save Corp.green
wash · 1985 · cited in 2 Washington opinions naming this issue, 2013–2013
2 sentences

2013See Shannon v. Pay ’N Save Corp., 104 Wn.2d 722, 730 , 709 P.2d 799 (1985) (adopting Ninth Circuit’s standard for proving business necessity articulated in Contreras v. City of Los Angeles, 656 F.2d 1267 (9th Cir. 1981)). ¶27 Here, Mr. Fey did not claim that the district engaged in intentional discrimination.

2013See Shannon v. Pay ’N Save Corp., 104 Wn.2d 722, 730 , 709 P.2d 799 (1985) (adopting Ninth Circuit’s standard for proving business necessity articulated in Contreras v. City of Los Angeles, 656 F.2d 1267 (9th Cir. 1981)). ¶27 Here, Mr. Fey did not claim that the district engaged in intentional discrimination.

22
Charles H. Keating, Jr. v. Office of Thrift Supervisiongreen
ca9 · 1995 · cited in 2 Washington opinions naming this issue, 2000–2001
2 sentences

2001See Keating, 45 F.3d at 324-325 ; Molinaro, 889 F.2d at 903 . [41] Trustees of Plumbers and Pipefitters Nat'l Pension Fund v. Transworld Mechanical, Inc., 886 F.Supp. 1134, 1139 (S.D.N.Y.1995) (comparing civil complaint and criminal indictment to determine if wrongful conduct alleged is the same); Volmar Distributors, Inc. v. New York Post Co., Inc., 152 F.R.D. 36, 39 (S.D.N.Y.1993). [42] United States v. Private Sanitation Indus.

2000See Keating, 45 F.3d at 324-25 ; Molinaro, 889 F.2d at 903 .

22
Bravo v. Dolsen Companiesgreen
wash · 1995 · cited in 1 Washington opinions naming this issue, 2023–2023
1 sentence

2023See Bravo, 125 Wn.2d at 755 (federal authority can be persuasive where the texts of both federal and state laws are similar); Nelson, 195 Wn.

11
State Of Washington v. Angel Rose Marie Nelsongreen
washctapp · 2016 · cited in 1 Washington opinions naming this issue, 2023–2023
1 sentence

2023See Bravo, 125 Wn.2d at 755 (federal authority can be persuasive where the texts of both federal and state laws are similar); Nelson, 195 Wn.

11
Arthur Murray, Inc. v. Horstgreen
mad · 1953 · cited in 1 Washington opinions naming this issue, 2018–2018
1 sentence

2018Because federal courts have found sufficient control over quality based on any of the three factors, we apply the Ninth Circuit's test evaluating all three factors to determine whether any factor supports an assertion that the licensor possesses sufficient control over quality. 3 See, eq., Arthur Murray, Inc. v. Horst, 110 F. Supp. 678,679 (D.

11
Transgo, Inc. v. Ajac Transmission Parts Corp.green
ca9 · 1985 · cited in 1 Washington opinions naming this issue, 2018–2018
1 sentence

2018Mass. 1953)(holding the license valid and trademark rights maintained because the contract language provided for licensor's control over the quality of services provided by licensee). 4 See, e.q., Embedded Moments, Inc. v. Intl Silver Co., 648 F. Supp. 187, 194 (E.D.N.Y. 1986)(explaining that it was not necessary for the license agreements to contain explicit provisions for the exercise of control and that actual control by licensor is sufficient to maintain trademark rights). 5 See, e.g., Transgo, Inc. v. Ajac Transmission Parts Corp., 768 F.2d 1001, 1017-18 (9th Cir. 1985)(holding that, alth

11
Embedded Moments, Inc. v. International Silver Co.green
nyed · 1986 · cited in 1 Washington opinions naming this issue, 2018–2018
1 sentence

2018Mass. 1953)(holding the license valid and trademark rights maintained because the contract language provided for licensor's control over the quality of services provided by licensee). 4 See, e.q., Embedded Moments, Inc. v. Intl Silver Co., 648 F. Supp. 187, 194 (E.D.N.Y. 1986)(explaining that it was not necessary for the license agreements to contain explicit provisions for the exercise of control and that actual control by licensor is sufficient to maintain trademark rights). 5 See, e.g., Transgo, Inc. v. Ajac Transmission Parts Corp., 768 F.2d 1001, 1017-18 (9th Cir. 1985)(holding that, alth

11
United States v. Wayne Cedric Bellgreen
ca6 · 1985 · cited in 1 Washington opinions naming this issue, 2016–2016
1 sentence

2016E.g., United States v. McKie, 292 U.S. App. D.C. 419, 422 , 951 F.2d 399 (1991) (because stop was justified by reasonable suspicion consistent with Terry, “[t]his [was] not ... a ‘mere propinquity’ case and [court] need not take a position on the ‘automatic companion’ rule to decide it’’); Flett, 806 F.2d at 827 (companion search limited by Terry); Bell, 762 F.2d at 499 (same); United States v. Tharpe, 536 F.2d 1098, 1101 (5th Cir. 1976) (“We need not go so far as the Ninth Circuit’s rule of general justification conferring categorical reasonableness upon searches of all companions of the arre

11
United States v. Reginald James Causeygreen
ca5 · 1987 · cited in 1 Washington opinions naming this issue, 2016–2016
1 sentence

2016We simply hold that where there was good reason for an officer to apprehend that he was in a position of real danger from companions . . . that officer’s pat-down search is compatible with Terry."), overruled on other grounds by United States v. Causey, 834 F.2d 1179, 1184 (5th Cir. 1987).

11
United States v. Ralph Donald Tharpegreen
ca5 · 1976 · cited in 1 Washington opinions naming this issue, 2016–2016
1 sentence

2016E.g., United States v. McKie, 292 U.S. App. D.C. 419, 422 , 951 F.2d 399 (1991) (because stop was justified by reasonable suspicion consistent with Terry, “[t]his [was] not ... a ‘mere propinquity’ case and [court] need not take a position on the ‘automatic companion’ rule to decide it’’); Flett, 806 F.2d at 827 (companion search limited by Terry); Bell, 762 F.2d at 499 (same); United States v. Tharpe, 536 F.2d 1098, 1101 (5th Cir. 1976) (“We need not go so far as the Ninth Circuit’s rule of general justification conferring categorical reasonableness upon searches of all companions of the arre

11
Fursman v. Ulrich (In Re First Protection, Inc.)green
bap9 · 2010 · cited in 1 Washington opinions naming this issue, 2015–2015
1 sentence

2015See First Prot., 440 B.R. at 829 n.13. 14 No. 90891-5 Ninth Circuit's analysis in Farmers.

11
Trustees of the Plumbers & Pipefitters National Pension Fund v. Transworld Mechanical, Inc.green
nysd · 1995 · cited in 1 Washington opinions naming this issue, 2001–2001
11
Volmar Distributors, Inc. v. New York Post Co., Inc.green
nysd · 1993 · cited in 1 Washington opinions naming this issue, 2001–2001
11
Griggs v. Duke Power Co.green
scotus · 1971 · cited in 1 Washington opinions naming this issue, 1985–1985
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
United States v. Calvin L. Flettgreen
ca8 · 1986 · cited in 1 Washington opinions naming this issue, 2016–2016
1 sentence

2016E.g., United States v. McKie, 292 U.S. App. D.C. 419, 422 , 951 F.2d 399 (1991) (because stop was justified by reasonable suspicion consistent with Terry, “[t]his [was] not ... a ‘mere propinquity’ case and [court] need not take a position on the ‘automatic companion’ rule to decide it’’); Flett, 806 F.2d at 827 (companion search limited by Terry); Bell, 762 F.2d at 499 (same); United States v. Tharpe, 536 F.2d 1098, 1101 (5th Cir. 1976) (“We need not go so far as the Ninth Circuit’s rule of general justification conferring categorical reasonableness upon searches of all companions of the arre

11

Also cited on this issue (16)

CaseCitedYears
United States v. Ronald \Boo\" Colvin" green
ca9 · 2000
2 sentences

2009Armstrong filed a dissent. [4] Kilgore argues we should adopt the United States Court of Appeals for the Ninth Circuit's rule for determining finality for purposes of collateral review set forth in United States v. Colvin, 204 F.3d 1221 (9th Cir.2000), and United States v. LaFromboise, 427 F.3d 680 (9th Cir.2005), or alternatively, the Second Circuit's approach to finality for purposes of retroactivity in Burrell v. United States, 467 F.3d 160 (2d Cir.2006).

2009Kilgore argues we should adopt the United States Court of Appeals for the Ninth Circuit’s rule for determining finality for purposes of collateral review set forth in United States v. Colvin, 204 F.3d 1221 (9th Cir. 2000), and United States v. LaFromboise, 427 F.3d 680 (9th Cir. 2005), or alternatively, the Second Circuit’s approach to finality for purposes of retroactivity in Burrell v. United States, 467 F.3d 160 (2d Cir. 2006).

42007–2009
Burrell v. United States green
ca2 · 2006
2 sentences

2009Armstrong filed a dissent. [4] Kilgore argues we should adopt the United States Court of Appeals for the Ninth Circuit's rule for determining finality for purposes of collateral review set forth in United States v. Colvin, 204 F.3d 1221 (9th Cir.2000), and United States v. LaFromboise, 427 F.3d 680 (9th Cir.2005), or alternatively, the Second Circuit's approach to finality for purposes of retroactivity in Burrell v. United States, 467 F.3d 160 (2d Cir.2006).

2009Kilgore argues we should adopt the United States Court of Appeals for the Ninth Circuit’s rule for determining finality for purposes of collateral review set forth in United States v. Colvin, 204 F.3d 1221 (9th Cir. 2000), and United States v. LaFromboise, 427 F.3d 680 (9th Cir. 2005), or alternatively, the Second Circuit’s approach to finality for purposes of retroactivity in Burrell v. United States, 467 F.3d 160 (2d Cir. 2006).

42007–2009
City of Seattle v. Long green
wash · 2021
2 sentences

2025Id. at 167 .

2022Id.

22022–2025
State v. Demery green
wash · 2001
2 sentences

2011Demery, 144 Wash.2d at 763-65 , 30 P.3d 1278 .

2011Demery, 144 Wash.2d at 763-65 , 30 P.3d 1278 .

22011–2011
State v. Elmore green
wash · 2005
2 sentences

2010Elmore, 155 Wash.2d at 778 , 123 P.3d 72 .

2010Elmore, 155 Wn.2d at 778 .

22010–2010
United States v. Dean Lafromboise green
ca9 · 2005
2 sentences

2009Armstrong filed a dissent. [4] Kilgore argues we should adopt the United States Court of Appeals for the Ninth Circuit's rule for determining finality for purposes of collateral review set forth in United States v. Colvin, 204 F.3d 1221 (9th Cir.2000), and United States v. LaFromboise, 427 F.3d 680 (9th Cir.2005), or alternatively, the Second Circuit's approach to finality for purposes of retroactivity in Burrell v. United States, 467 F.3d 160 (2d Cir.2006).

2009Kilgore argues we should adopt the United States Court of Appeals for the Ninth Circuit’s rule for determining finality for purposes of collateral review set forth in United States v. Colvin, 204 F.3d 1221 (9th Cir. 2000), and United States v. LaFromboise, 427 F.3d 680 (9th Cir. 2005), or alternatively, the Second Circuit’s approach to finality for purposes of retroactivity in Burrell v. United States, 467 F.3d 160 (2d Cir. 2006).

22009–2009
United States v. Carl Dexter Moore green
ca9 · 1998
2 sentences

2001Moore, 159 F.3d at 1160 .

2001Moore, 159 F.3d at 1160 .

22001–2001
Federal Savings & Loan Insurance v. Molinaro green
ca9 · 1989
2 sentences

2001See Keating, 45 F.3d at 324-325 ; Molinaro, 889 F.2d at 903 . [41] Trustees of Plumbers and Pipefitters Nat'l Pension Fund v. Transworld Mechanical, Inc., 886 F.Supp. 1134, 1139 (S.D.N.Y.1995) (comparing civil complaint and criminal indictment to determine if wrongful conduct alleged is the same); Volmar Distributors, Inc. v. New York Post Co., Inc., 152 F.R.D. 36, 39 (S.D.N.Y.1993). [42] United States v. Private Sanitation Indus.

2000See Keating, 45 F.3d at 324-25 ; Molinaro, 889 F.2d at 903 .

22000–2001
Adelaida Torres-Lopez v. Robert May green
ca9 · 1997
1 sentence

2019Torres-Lopez, 111 F.3d at 643 .

12019–2019
United States v. Bryan McKie green
cadc · 1991
2 sentences

2016E.g., United States v. McKie, 292 U.S. App. D.C. 419, 422 , 951 F.2d 399 (1991) (because stop was justified by reasonable suspicion consistent with Terry, “[t]his [was] not ... a ‘mere propinquity’ case and [court] need not take a position on the ‘automatic companion’ rule to decide it’’); Flett, 806 F.2d at 827 (companion search limited by Terry); Bell, 762 F.2d at 499 (same); United States v. Tharpe, 536 F.2d 1098, 1101 (5th Cir. 1976) (“We need not go so far as the Ninth Circuit’s rule of general justification conferring categorical reasonableness upon searches of all companions of the arre

2016E.g., United States v. McKie, 292 U.S. App. D.C. 419, 422 , 951 F.2d 399 (1991) (because stop was justified by reasonable suspicion consistent with Terry, “[t]his [was] not ... a ‘mere propinquity’ case and [court] need not take a position on the ‘automatic companion’ rule to decide it’’); Flett, 806 F.2d at 827 (companion search limited by Terry); Bell, 762 F.2d at 499 (same); United States v. Tharpe, 536 F.2d 1098, 1101 (5th Cir. 1976) (“We need not go so far as the Ninth Circuit’s rule of general justification conferring categorical reasonableness upon searches of all companions of the arre

12016–2016
In re the Personal Restraint of Roach green
wash · 2003
1 sentence

2013Finding no statute on point, the court adopted the Ninth Circuit's doctrine of credit for time spent at liberty, holding that "a convicted person is entitled to credit against his sentence for time spent erroneously at liberty due to the State's negligence, provided that the convicted person has not contributed to his release, has not absconded legal obligations while at liberty, and has had no further criminal convictions." Roach, 150 Wn.2d at 37 . -9- 69866-4-1/10 Dalseg addressed whether defendants who served their sentences on work release at the State's recommendation were entitled to cre

12013–2013
State v. Dalseg green
washctapp · 2006
1 sentence

2013Dalseg, 132 Wn.

12013–2013
cluster 413285 green
· 1983
1 sentence

2012The Ninth Circuit has analyzed this issue in Alvarez, 697 F.2d 1333 , and Six (6) Mexican Workers, 904 F.2d 1301 , albeit under the standing provision of the repealed FLCRA, former 7 U.S.C. § 2050a(a), which contained language nearly identical in form and substance to RCW 19.30.170(1). 18 We find nothing in Washington case law that conflicts with this jurisprudence or that would influence the Ninth Circuit’s analysis.

12012–2012
Six (6) Mexican Workers v. Arizona Citrus Growers Bodine Produce Company, Inc. Robert Fletcher, D/B/A Fletcher Farms green
ca9 · 1990
1 sentence

2012The Ninth Circuit has analyzed this issue in Alvarez, 697 F.2d 1333 , and Six (6) Mexican Workers, 904 F.2d 1301 , albeit under the standing provision of the repealed FLCRA, former 7 U.S.C. § 2050a(a), which contained language nearly identical in form and substance to RCW 19.30.170(1). 18 We find nothing in Washington case law that conflicts with this jurisprudence or that would influence the Ninth Circuit’s analysis.

12012–2012
State v. Demery green
wash · 2001
2 sentences

2011Demery, 144 Wash.2d at 763-65 , 30 P.3d 1278 .

2011Demery, 144 Wash.2d at 763-65 , 30 P.3d 1278 .

12011–2011
State v. Elmore green
wash · 2005
12010–2010

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (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

CA 65 (1980–2026) WA 27 (1985–2025) AZ 22 (1981–2024) MT 15 (1990–2025) OR 11 (1996–2024) HI 10 (1982–2022) NV 5 (1996–2015) AK 5 (1982–1992) TX 5 (1988–2008) ID 5 (2013–2017) GU 5 (2024–2026) PA 5 (1994–2018) DC 3 (2005–2020) MA 3 (1977–1995) MN 3 (2005–2025) WI 3 (1999–2003) IL 2 (1988–2019) UT 2 (1995–2019) NY 2 (1988–2007) CO 2 (2015–2019) NM 2 (2020–2021) NE 2 (1991–2003) VT 2 (2001–2014) MD 2 (2017–2023)

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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