cross claim (Washington) · Go Syfert
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cross claim in Washington

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.

Followed or applied (10)

CaseFollowedCited
State v. Thanggreen
wash · 2002 · cited in 2 Washington opinions naming this issue, 2014–2014
2 sentences

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).

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).

22
State v. Thanggreen
wash · 2002 · cited in 2 Washington opinions naming this issue, 2014–2014
2 sentences

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).

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).

22
Christie-Lambert Van & Storage Co. v. McLeodgreen
washctapp · 1984 · cited in 2 Washington opinions naming this issue, 2013–2013
2 sentences

2013First, 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.

22
Dunlap v. Waynegreen
wash · 1986 · cited in 1 Washington opinions naming this issue, 2020–2020
2 sentences

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.”).

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.”).

11
McUne v. Fuquagreen
wash · 1953 · cited in 1 Washington opinions naming this issue, 2020–2020
1 sentence

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)).

11
United States Ex Rel. Brothers Builders Supply Co. v. Old World Artisans, Inc.green
gand · 1988 · cited in 1 Washington opinions naming this issue, 2004–2004
11
cluster 363502green
ca3 · 1979 · cited in 1 Washington opinions naming this issue, 2004–2004
1 sentence

2004Co. 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

11
Freiberger v. American Triticale, Inc.green
idaho · 1991 · cited in 1 Washington opinions naming this issue, 2004–2004
11
Brown v. Hipshiregreen
tenn · 1977 · cited in 1 Washington opinions naming this issue, 2004–2004
1 sentence

2004Super. 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

11
Trump v. Superior Courtgreen
calctapp · 1981 · cited in 1 Washington opinions naming this issue, 1984–1984
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway.

Also cited on this issue (31)

CaseCitedYears
Kuhlman Equipment Co. v. Tammermatic, Inc. green
washctapp · 1981
2 sentences

2013App. 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).

32006–2013
Krikava v. Webber green
washctapp · 1986
2 sentences

2019Krikava v. Webber, 43 Wn.

2004Krikava v. Webber, 43 Wn.

22004–2019
Matter of Pirtle green
wash · 1998
2 sentences

2014Restraint 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.

22014–2014
Matter of Personal Restraint of Lord green
wash · 1994
2 sentences

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.

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.

22014–2014
In re the Personal Restraint of Pirtle green
wash · 1998
2 sentences

2014Restraint 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.

22014–2014
Caruso v. Local Union No. 690 green
wash · 1983
2 sentences

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)).

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)).

22004–2004
Herron v. Tribune Publishing Co. green
wash · 1987
2 sentences

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)).

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)).

22004–2004
R. A. v. v. City of St. Paul green
scotus · 1992
2 sentences

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

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.

22001–2001
Brandenburg v. Ohio green
scotus · 1969
2 sentences

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.

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.

22001–2001
National Ass'n for the Advancement of Colored People v. Claiborne Hardware Co. green
scotus · 1982
2 sentences

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

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

22001–2001
Aba Sheikh v. Choe green
wash · 2006
1 sentence

2020Aba Sheikh, 156 Wn.2d at 447 .

12020–2020
Carson v. Fine green
wash · 1994
1 sentence

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)).

12020–2020
Randa v. Bear green
wash · 1957
2 sentences

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)).

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)).

12020–2020
Doe v. Washington State Patrol green
wash · 2016
1 sentence

2017Washington State Patrol, 185 Wn.2d 363 ,374 PJd 63 (2016).

12017–2017
Rieger v. Bennett green
washctapp · 2004
1 sentence

2017Id. at 77 .

12017–2017
Miranda v. Arizona green
scotus · 1966
2 sentences

2014The 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.

12014–2014
State v. McCollum green
washctapp · 1997
1 sentence

2014App. 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.

12014–2014
Tingey v. Haisch green
wash · 2007
1 sentence

2010Tingey 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

12010–2010
Tingey v. Haisch green
wash · 2007
1 sentence

2010Tingey 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

12010–2010
Hadley v. Maxwell green
washctapp · 2004
1 sentence

2010Id. at 140 .

12010–2010
Cunningham v. Reliable Concrete Pumping, Inc. green
washctapp · 2005
1 sentence

2008Id. at 231 .

12008–2008
Saunders v. Weissburg & Aronson green
calctapp · 1999
2 sentences

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 .

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 .

12005–2005
Mason v. Levy & Van Bourg green
calctapp · 1978
2 sentences

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 .

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 .

12005–2005
Bednar v. Bednar green
pasuperct · 1997
12004–2004
Williams v. Dumais green
connsuperct · 1977
12004–2004
Hawkeye-Security Insurance Co. v. Apodaca green
wyo · 1974
12004–2004
Ho v. Rubin neutral
njsuperctappdiv · 1999
12004–2004
Di Norscia v. Tibbett green
delsuperct · 1956
12004–2004
Hansen v. Covell green
cal · 1933
11992–1992
Nautilus, Inc. v. Transamerica Title Insurance green
washctapp · 1975
11986–1986
Dux v. Hostetter green
wash · 1950
11985–1985

Where else courts name it

NY 550 (1911–2026) CT 42 (1976–2018) IL 34 (1931–2026) WA 25 (1984–2020) TX 20 (1929–2025) GA 17 (1970–2023) FL 13 (1934–2022) CA 13 (1864–2025) MA 10 (1940–2024) MD 10 (1962–2023) MO 9 (1936–2006) PA 9 (1945–2022) OH 8 (2004–2026) NJ 5 (1992–2020) IN 5 (1876–2018) WV 4 (1900–2013) DE 4 (1973–2024) KY 4 (1967–2021) LA 4 (1989–2011) HI 4 (1971–2020) VA 4 (2003–2026) KS 4 (1958–2005) NE 4 (2009–2022) CO 3 (1948–2014) MI 3 (1969–1985) TN 3 (1903–2012) ID 3 (2010–2016) WI 3 (2006–2024) MS 3 (2017–2018) ME 2 (2003–2009) AL 2 (1965–1971) AK 2 (1988–1990) NC 2 (1969–2016) SD 2 (1986–1997)

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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