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25 Washington opinions name it 2 courts 1984–2020 0 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.
| Case | Followed | Cited |
|---|---|---|
State v. Thanggreen2 sentences2014See State v. Vy Thang, 145 Wn.2d 630, 647-48 , 41 P.3d 1159 (2002) (generally, parties may not favorably rely on evidence and then assign its use as error). 2014See State v. Vy Thang, 145 Wn.2d 630, 647-48 , 41 P.3d 1159 (2002) (generally, parties may not favorably rely on evidence and then assign its use as error). | 2 | 2 |
State v. Thanggreen2 sentences2014See State v. Vy Thang, 145 Wn.2d 630, 647-48 , 41 P.3d 1159 (2002) (generally, parties may not favorably rely on evidence and then assign its use as error). 2014See State v. Vy Thang, 145 Wn.2d 630, 647-48 , 41 P.3d 1159 (2002) (generally, parties may not favorably rely on evidence and then assign its use as error). | 2 | 2 |
Christie-Lambert Van & Storage Co. v. McLeodgreen2 sentences2013First, Division One of this court framed the issue very narrowly: “whether MAR 7.3 authorizes assessing attorney fees against the appellant from a mandatory arbitration award who does not improve his position as to an arbitrated claim although his overall position is improved on appeal in a trial de novo solely because of a cross claim that was served only after the arbitration” Christie-Lambert, 39 Wn. 2013App. 298, 304 , 693 P. d 161 (1984).But Mueller misconstrues the Christie -Lambert court's holding and reasoning. 2 First, Division One of this court framed the issue very narrowly: "whether MAR 7. authorizes 3 assessing attorney fees against the appellant from a mandatory arbitration award who does not improve his position as to an arbitrated claim although his overall position is improved on appeal in a trial de novo solely because of a cross claim that was served only after the arbitration." Lambert, 39 Wn. | 2 | 2 |
Dunlap v. Waynegreen2 sentences2020CR 56(e) (“opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence”); ER 402 (“Evidence which is not relevant is not admissible.”); Dunlap v. Wayne, 105 Wn.2d 529, 535 , 716 P.2d 842 (1986) (“A court cannot consider inadmissible evidence when ruling on a motion for summary judgment.”). 2020CR 56(e) (“opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence”); ER 402 (“Evidence which is not relevant is not admissible.”); Dunlap v. Wayne, 105 Wn.2d 529, 535 , 716 P.2d 842 (1986) (“A court cannot consider inadmissible evidence when ruling on a motion for summary judgment.”). | 1 | 1 |
McUne v. Fuquagreen1 sentence2020Our case law at the time of Petersen indicated “introduction by the patient of medical testimony describing the treatment and diagnosis of an illness waive[d] the privilege as to that illness, and the patient's own testimony to such matters has the same effect.” Carson, 123 Wn.2d at 213 (citing Randa v. Bear, 50 Wn.2d 415, 421 , 312 P.2d 640 (1957) (respondent waived physician-patient privilege when she filed a cross claim relating to the medical service contract); McUne, 42 Wn.2d at 76 (when a patient introduces medical testimony about an ailment, he waives privilege as to that ailment)). | 1 | 1 |
| United States Ex Rel. Brothers Builders Supply Co. v. Old World Artisans, Inc.green | 1 | 1 |
cluster 363502green1 sentence2004Co. v. Apodaca, 524 P.2d 874 (Wyo. 1974) (state rule governing counterclaims and cross claims is merely a pleading rule and does not address the statute of limitations; the general rule in virtually all jurisdictions is that defensive claims relate back to the filing of the plaintiff’s action, as the statute of limitations is not intended to suppress or deny matters of defense, but the statute is not tolled as to claims for affirmative relief); see also Hodge v. Monsanto, 592 F.2d 184 , 187 (3d Cir. 1979) (applying Virgin Island territorial law, holding that a cross claim that seeks affirmativ | 1 | 1 |
| Freiberger v. American Triticale, Inc.green | 1 | 1 |
Brown v. Hipshiregreen1 sentence2004Super. 599 , 756 A.2d 643 (1999) (claim for defamation is not a claim for “recoupment” and therefore must be asserted as counterclaim or cross claim before the statute of limitation expires); Bednar v. Bednar, 455 Pa. Super. 487 , 688 A.2d 1200 (1997) (a counterclaim or cross claim seeking affirmative relief must be brought before the statute of limitations expires; the statute is not tolled by the commencement of the plaintiff’s action); Brown v. Hipshire, 553 S.W.2d 570, 571-72 (Tenn. 1977) (holding that a cross claim or counterclaim for affirmative relief must be filed before the statute of | 1 | 1 |
| Trump v. Superior Courtgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Kuhlman Equipment Co. v. Tammermatic, Inc.
green
2 sentences2013App. 419, 424-25 , 628 P.2d 851 (1981) (holding that party waived subject matter jurisdiction defense by filing a cross claim). 2006App. 419, 425 , 628 P.2d 851 (1981) (foreign corporation that filed a cross claim for indemnity against Washington corporation invoked the jurisdiction of Washington court). | 3 | 2006–2013 |
Krikava v. Webber
green
2 sentences2019Krikava v. Webber, 43 Wn. 2004Krikava v. Webber, 43 Wn. | 2 | 2004–2019 |
Matter of Pirtle
green
2 sentences2014Restraint of Pirtle, 136 Wn.2d 467, 473 , 965 P.2d 593 (1998). 30 No. 79761-7 Cross's defense team, which consisted of two attorneys, two investigators, and a mitigation specialist, conducted prompt and adequate investigation in this case. 2014Restraint of Pirtle, 136 Wn.2d 467, 473 , 965 P.2d 593 (1998). ¶68 Cross’s defense team, which consisted of two attorneys, two investigators, and a mitigation specialist, conducted prompt and adequate investigation in this case. | 2 | 2014–2014 |
Matter of Personal Restraint of Lord
green
2 sentences2014Restraint of Lord, 123 Wn.2d 296, 303 , 868 P.2d 835 (1994). ¶93 Even if Cross was not barred from making this claim, Cross’s claim would still fail because there was no deficient performance. 2014Restraint of Lord, 123 Wn.2d 296, 303 , 868 P.2d 835 (1994). ¶93 Even if Cross was not barred from making this claim, Cross’s claim would still fail because there was no deficient performance. | 2 | 2014–2014 |
In re the Personal Restraint of Pirtle
green
2 sentences2014Restraint of Pirtle, 136 Wn.2d 467, 473 , 965 P.2d 593 (1998). 30 No. 79761-7 Cross's defense team, which consisted of two attorneys, two investigators, and a mitigation specialist, conducted prompt and adequate investigation in this case. 2014Restraint of Pirtle, 136 Wn.2d 467, 473 , 965 P.2d 593 (1998). ¶68 Cross’s defense team, which consisted of two attorneys, two investigators, and a mitigation specialist, conducted prompt and adequate investigation in this case. | 2 | 2014–2014 |
Caruso v. Local Union No. 690
green
2 sentences2004Regarding amended pleadings, CR 15(c) states: “Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading.” CR 15 “ ‘facilitate [s] a proper decision on the merits.’ ” Herron v. Tribune Publ’g Co., 108 Wn.2d 162, 165 , 736 P.2d 249 (1987) (quoting Caruso v. Local Union No. 690 of Int’l Bhd. of Teamsters, 100 Wn.2d 343, 349 , 670 P.2d 240 (1983)). 2004Regarding amended pleadings, CR 15(c) states: “Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading.” CR 15 “ ‘facilitate [s] a proper decision on the merits.’ ” Herron v. Tribune Publ’g Co., 108 Wn.2d 162, 165 , 736 P.2d 249 (1987) (quoting Caruso v. Local Union No. 690 of Int’l Bhd. of Teamsters, 100 Wn.2d 343, 349 , 670 P.2d 240 (1983)). | 2 | 2004–2004 |
Herron v. Tribune Publishing Co.
green
2 sentences2004Regarding amended pleadings, CR 15(c) states: “Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading.” CR 15 “ ‘facilitate [s] a proper decision on the merits.’ ” Herron v. Tribune Publ’g Co., 108 Wn.2d 162, 165 , 736 P.2d 249 (1987) (quoting Caruso v. Local Union No. 690 of Int’l Bhd. of Teamsters, 100 Wn.2d 343, 349 , 670 P.2d 240 (1983)). 2004Regarding amended pleadings, CR 15(c) states: “Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading.” CR 15 “ ‘facilitate [s] a proper decision on the merits.’ ” Herron v. Tribune Publ’g Co., 108 Wn.2d 162, 165 , 736 P.2d 249 (1987) (quoting Caruso v. Local Union No. 690 of Int’l Bhd. of Teamsters, 100 Wn.2d 343, 349 , 670 P.2d 240 (1983)). | 2 | 2004–2004 |
R. A. v. v. City of St. Paul
green
2 sentences2001R.A.V., 505 U.S. 377 , 112 S.Ct. 2538 (overturning conviction of a juvenile for burning a cross in violation of a content-based speech ordinance); Brandenburg v. Ohio, 395 U.S. 444 , 89 S.Ct. 1827 , 23 L.Ed.2d 430 (1969) (holding statements made at a Ku Klux Klan rally advocating violence against blacks and Jews were protected speech); N.A.A.C.P. v. Claiborne Hardware Co., 458 U.S. 886, 902 , 102 S.Ct. 3409 , 73 L.Ed.2d 1215 (1982) (holding civil rights protestor's admonition to crowd that "`If we catch any of you going in any of them racist stores, we're gonna break your damn neck'" was prote 2001R.A.V., 505 U.S. 377 (overturning conviction of a juvenile for burning a cross in violation of a content-based speech ordinance); Brandenburg v. Ohio, 395 U.S. 444 , 89 S. Ct. 1827 , 23 L. | 2 | 2001–2001 |
Brandenburg v. Ohio
green
2 sentences2001R.A.V., 505 U.S. 377 (overturning conviction of a juvenile for burning a cross in violation of a content-based speech ordinance); Brandenburg v. Ohio, 395 U.S. 444 , 89 S. Ct. 1827 , 23 L. 2001R.A.V., 505 U.S. 377 (overturning conviction of a juvenile for burning a cross in violation of a content-based speech ordinance); Brandenburg v. Ohio, 395 U.S. 444 , 89 S. Ct. 1827 , 23 L. | 2 | 2001–2001 |
National Ass'n for the Advancement of Colored People v. Claiborne Hardware Co.
green
2 sentences2001R.A.V., 505 U.S. 377 , 112 S.Ct. 2538 (overturning conviction of a juvenile for burning a cross in violation of a content-based speech ordinance); Brandenburg v. Ohio, 395 U.S. 444 , 89 S.Ct. 1827 , 23 L.Ed.2d 430 (1969) (holding statements made at a Ku Klux Klan rally advocating violence against blacks and Jews were protected speech); N.A.A.C.P. v. Claiborne Hardware Co., 458 U.S. 886, 902 , 102 S.Ct. 3409 , 73 L.Ed.2d 1215 (1982) (holding civil rights protestor's admonition to crowd that "`If we catch any of you going in any of them racist stores, we're gonna break your damn neck'" was prote 2001R.A.V., 505 U.S. 377 , 112 S.Ct. 2538 (overturning conviction of a juvenile for burning a cross in violation of a content-based speech ordinance); Brandenburg v. Ohio, 395 U.S. 444 , 89 S.Ct. 1827 , 23 L.Ed.2d 430 (1969) (holding statements made at a Ku Klux Klan rally advocating violence against blacks and Jews were protected speech); N.A.A.C.P. v. Claiborne Hardware Co., 458 U.S. 886, 902 , 102 S.Ct. 3409 , 73 L.Ed.2d 1215 (1982) (holding civil rights protestor's admonition to crowd that "`If we catch any of you going in any of them racist stores, we're gonna break your damn neck'" was prote | 2 | 2001–2001 |
Aba Sheikh v. Choe
green
1 sentence2020Aba Sheikh, 156 Wn.2d at 447 . | 1 | 2020–2020 |
Carson v. Fine
green
1 sentence2020Our case law at the time of Petersen indicated “introduction by the patient of medical testimony describing the treatment and diagnosis of an illness waive[d] the privilege as to that illness, and the patient's own testimony to such matters has the same effect.” Carson, 123 Wn.2d at 213 (citing Randa v. Bear, 50 Wn.2d 415, 421 , 312 P.2d 640 (1957) (respondent waived physician-patient privilege when she filed a cross claim relating to the medical service contract); McUne, 42 Wn.2d at 76 (when a patient introduces medical testimony about an ailment, he waives privilege as to that ailment)). | 1 | 2020–2020 |
Randa v. Bear
green
2 sentences2020Our case law at the time of Petersen indicated “introduction by the patient of medical testimony describing the treatment and diagnosis of an illness waive[d] the privilege as to that illness, and the patient's own testimony to such matters has the same effect.” Carson, 123 Wn.2d at 213 (citing Randa v. Bear, 50 Wn.2d 415, 421 , 312 P.2d 640 (1957) (respondent waived physician-patient privilege when she filed a cross claim relating to the medical service contract); McUne, 42 Wn.2d at 76 (when a patient introduces medical testimony about an ailment, he waives privilege as to that ailment)). 2020Our case law at the time of Petersen indicated “introduction by the patient of medical testimony describing the treatment and diagnosis of an illness waive[d] the privilege as to that illness, and the patient's own testimony to such matters has the same effect.” Carson, 123 Wn.2d at 213 (citing Randa v. Bear, 50 Wn.2d 415, 421 , 312 P.2d 640 (1957) (respondent waived physician-patient privilege when she filed a cross claim relating to the medical service contract); McUne, 42 Wn.2d at 76 (when a patient introduces medical testimony about an ailment, he waives privilege as to that ailment)). | 1 | 2020–2020 |
Doe v. Washington State Patrol
green
1 sentence2017Washington State Patrol, 185 Wn.2d 363 ,374 PJd 63 (2016). | 1 | 2017–2017 |
Rieger v. Bennett
green
1 sentence2017Id. at 77 . | 1 | 2017–2017 |
Miranda v. Arizona
green
2 sentences2014The trial judge accepted Cross's plea 2 Miranda v. Arizona, 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. 2014The trial judge accepted Cross's plea 2 Miranda v. Arizona, 384 U.S. 436 , 86 S. Ct. 1602 , 16 L. | 1 | 2014–2014 |
State v. McCollum
green
1 sentence2014App. 977, 982 , 947 P.2d 1235 (1997). ¶80 Here, Cross’s claims fail because there is no evidence that Cross would have refused to enter his Alford plea; the trial court properly found that Cross’s plea was voluntary, intelligent, and knowingly given. | 1 | 2014–2014 |
Tingey v. Haisch
green
1 sentence2010Tingey v. Haisch, 159 Wn.2d 652, 663-64 , 152 P.3d 1020 (2007). ¶28 RCW 4.84.185 provides that the court having jurisdiction of a civil action may, upon written findings by the judge that “the action, counterclaim, cross-claim, third party claim, or defense was frivolous and advanced without reasonable cause, require the nonprevailing party to pay the prevailing party the reasonable expenses, including fees of attorneys, incurred in opposing such action, counterclaim, cross-claim, third party claim, or defense.” The terms “counterclaim,” “cross-claim,” and “third party claim” are explicitly si | 1 | 2010–2010 |
Tingey v. Haisch
green
1 sentence2010Tingey v. Haisch, 159 Wn.2d 652, 663-64 , 152 P.3d 1020 (2007). ¶28 RCW 4.84.185 provides that the court having jurisdiction of a civil action may, upon written findings by the judge that “the action, counterclaim, cross-claim, third party claim, or defense was frivolous and advanced without reasonable cause, require the nonprevailing party to pay the prevailing party the reasonable expenses, including fees of attorneys, incurred in opposing such action, counterclaim, cross-claim, third party claim, or defense.” The terms “counterclaim,” “cross-claim,” and “third party claim” are explicitly si | 1 | 2010–2010 |
Hadley v. Maxwell
green
1 sentence2010Id. at 140 . | 1 | 2010–2010 |
Cunningham v. Reliable Concrete Pumping, Inc.
green
1 sentence2008Id. at 231 . | 1 | 2008–2008 |
Saunders v. Weissburg & Aronson
green
2 sentences2005Public confidence in the legal system may be eroded by the spectacle of lawyers squabbling over the could-have-beens of a concluded lawsuit, even when the client has indicated no dissatisfaction with the outcome." Id. at 67 , 143 Cal.Rptr. 389 . [12] Id. [13] 74 Cal.App.4th 869 , 87 Cal.Rptr.2d 405 (1999). [14] Id. at 871 , 87 Cal.Rptr.2d 405 . 2005Public confidence in the legal system may be eroded by the spectacle of lawyers squabbling over the could-have-beens of a concluded lawsuit, even when the client has indicated no dissatisfaction with the outcome." Id. at 67 , 143 Cal.Rptr. 389 . [12] Id. [13] 74 Cal.App.4th 869 , 87 Cal.Rptr.2d 405 (1999). [14] Id. at 871 , 87 Cal.Rptr.2d 405 . | 1 | 2005–2005 |
Mason v. Levy & Van Bourg
green
2 sentences2005Public confidence in the legal system may be eroded by the spectacle of lawyers squabbling over the could-have-beens of a concluded lawsuit, even when the client has indicated no dissatisfaction with the outcome." Id. at 67 , 143 Cal.Rptr. 389 . [12] Id. [13] 74 Cal.App.4th 869 , 87 Cal.Rptr.2d 405 (1999). [14] Id. at 871 , 87 Cal.Rptr.2d 405 . 2005Public confidence in the legal system may be eroded by the spectacle of lawyers squabbling over the could-have-beens of a concluded lawsuit, even when the client has indicated no dissatisfaction with the outcome." Id. at 67 , 143 Cal.Rptr. 389 . [12] Id. [13] 74 Cal.App.4th 869 , 87 Cal.Rptr.2d 405 (1999). [14] Id. at 871 , 87 Cal.Rptr.2d 405 . | 1 | 2005–2005 |
| Bednar v. Bednar green | 1 | 2004–2004 |
| Williams v. Dumais green | 1 | 2004–2004 |
| Hawkeye-Security Insurance Co. v. Apodaca green | 1 | 2004–2004 |
| Ho v. Rubin neutral | 1 | 2004–2004 |
| Di Norscia v. Tibbett green | 1 | 2004–2004 |
| Hansen v. Covell green | 1 | 1992–1992 |
| Nautilus, Inc. v. Transamerica Title Insurance green | 1 | 1986–1986 |
| Dux v. Hostetter green | 1 | 1985–1985 |
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.