20 Washington opinions name it 2 courts 1994–2026 2 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 |
|---|---|---|
Locke v. City of Seattlegreen2 sentences2019In such circumstances, "[t]he burden of proof is ... placed upon the party asserting the avoidance or affirmative defense." Locke , 133 Wash. App. at 713 , 137 P.3d 52 (citing Gleason v. Metro. 2014App. 696, 713 , 137 P.3d 52 (2006) (“The burden of proof is ... placed upon the party asserting the avoidance or affirmative defense.”). ¶34 The McNaughtons concede, as they must, that they have the burden at trial of producing evidence that “the fair value of the foreclosed property exceeded [Washington Federales (by Horizon) credit bid of $6 million.” Nonetheless, the McNaughtons claim that Washington Federal did not meet its burden on summary judgment of establishing “fair value.” ¶35 On summary judgment, the moving party bears the initial burden of showing the absence of an issue of materi | 2 | 3 |
Lybbert v. Grant County, State of Wash.green1 sentence2020See Lybbert v. Grant County, 141 Wn.2d 29, 44 , 7 No. 52751-1-II 1 P.3d 1124 (2000); Greenhalgh v. Dep’t of Corr., 170 Wn. | 1 | 1 |
Lybbert v. Grant Countygreen1 sentence2020See Lybbert v. Grant County, 141 Wn.2d 29, 44 , 7 No. 52751-1-II 1 P.3d 1124 (2000); Greenhalgh v. Dep’t of Corr., 170 Wn. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Henderson v. Tyrrell
green
2 sentences2014Henderson v. Tvrrell. 80 Wn. 2014Generally, affirmative defenses are waived unless they are "(1) affirmatively pleaded, (2) asserted in a motion under CR 12(b), or (3) tried by the express or implied consent of the parties." Henderson v. Tyrrell, 80 Wn. | 3 | 2013–2014 |
Hogan v. Sacred Heart Medical Center
neutral
2 sentences2021Hogan v. Sacred Heart Med. 21 No. 52917-3-II Ctr, 101 Wn. 2020Hogan v. Sacred Heart Medical Ctr, 101 Wn. | 2 | 2020–2021 |
Locke v. City of Seattle
green
2 sentences2019In such circumstances, "[t]he burden of proof is ... placed upon the party asserting the avoidance or affirmative defense." Locke , 133 Wash. App. at 713 , 137 P.3d 52 (citing Gleason v. Metro. 2019In such circumstances, "[t]he burden of proof is. . . placed upon the party asserting the avoidance or affirmative defense." Locke, 133 Wn. | 2 | 2019–2019 |
Malgarini v. Washington Jockey Club
green
2 sentences2007Although CR 8(c) specifically delineates 20 affirmative defenses, parties must also affirmatively plead "any other matter constituting an avoidance or affirmative defense." ¶ 16 Pierce County raised the affirmative defense of "assumption of risk" and contends that pleading assumption of risk sufficiently raised the professional rescue doctrine. [3] Malgarini v. Wash. Jockey Club, 60 Wash.App. 823, 826 , 807 P.2d 901 (1991) (holding that raising discretionary immunity as an affirmative defense was sufficient to raise the affirmative defense of quasi-judicial immunity where the issue was well-br 2007Although CR 8(c) specifically delineates 20 affirmative defenses, parties must also affirmatively plead “any other matter constituting an avoidance or affirmative defense.” ¶16 Pierce County raised the affirmative defense of “assumption of risk” and contends that pleading assumption of risk sufficiently raised the professional rescue doc trine. 3 Malgarini v. Wash. Jockey Club, 60 Wn. | 2 | 2007–2007 |
Rainier National Bank v. Lewis
green
2 sentences2006CR 8(c); Rainier Nat'l Bank v. Lewis, 30 Wash.App. 419, 422 , 635 P.2d 153 (1981). 2006CR 8(c); Rainier Nat’l Bank v. Lewis, 30 Wn. | 2 | 2006–2006 |
Alexander v. Food Services of America, Inc.
green
2 sentences1998Alexander v. Food Servs. of Am., Inc., 76 Wash.App. 425, 428-29 , 886 P.2d 231 (1994) (failure to raise any matter constituting an avoidance or affirmative defense in a timely manner results in a waiver of the defense); Northwest Land & Inv., Inc. v. New W. 1998Alexander v. Food Servs. of Am., Inc., 76 Wash.App. 425, 428-29 , 886 P.2d 231 (1994) (failure to raise any matter constituting an avoidance or affirmative defense in a timely manner results in a waiver of the defense); Northwest Land & Inv., Inc. v. New W. | 2 | 1998–1998 |
Mahoney v. Tingley
green
2 sentences2026For this reason, parties must plead in advance any “‘matter constituting an avoidance or affirmative defense.’”1 Mahoney v. Tingley, 85 Wash.2d 95, 100 , 529 P.2d 1068 (1975) (quoting CR 8(c)). 1 Palin characterizes the hold harmless clause as a “release” which must be affirmatively pled in advance pursuant to CR 8(c). 2026For this reason, parties must plead in advance any “‘matter constituting an avoidance or affirmative defense.’”1 Mahoney v. Tingley, 85 Wash.2d 95, 100 , 529 P.2d 1068 (1975) (quoting CR 8(c)). 1 Palin characterizes the hold harmless clause as a “release” which must be affirmatively pled in advance pursuant to CR 8(c). | 1 | 2026–2026 |
Maria Hedger v. Lisa Groeschell And John Doe Groeschell
neutral
1 sentence2026Pleading an affirmative defense is unnecessary “if the defense does not raise any new issues.” Hedger v. Groeschell, 199 Wn. | 1 | 2026–2026 |
Greenhalgh v. Department of Corrections
green
1 sentence2020See Lybbert v. Grant County, 141 Wn.2d 29, 44 , 7 No. 52751-1-II 1 P.3d 1124 (2000); Greenhalgh v. Dep’t of Corr., 170 Wn. | 1 | 2020–2020 |
Gunn v. Riely
green
2 sentences2020CR 8(c) requires a party to set forth in its pleading any “matter constituting an avoidance or affirmative defense.” “Accordingly, affirmative defenses are waived unless they are pleaded or tried with the parties’ express or implied consent.” Gunn v. Riely, 185 Wn. 2020App. 517, 529 , 344 P.3d 1225 (2015). | 1 | 2020–2020 |
Young v. Key Pharmaceuticals, Inc.
green
2 sentences2014Young v. Key Pharm., Inc., 112 Wn.2d 216, 225 , 770 P2d 182 (1989). 2014Young v. Key Pharm., Inc., 112 Wn.2d 216, 225 , 770 P2d 182 (1989). | 1 | 2014–2014 |
Bickford v. City of Seattle
green
1 sentence2014Bickford v. City ofSeattle, 104 Wn. | 1 | 2014–2014 |
Cates v. Morgan Portable Building Corp.
green
1 sentence1994Corp., 780 F.2d 683 (7th Cir. 1985) (discussing the issue in some depth). 4 CR 8(c) requires parties to "set forth affirmatively . . . any other matter constituting an avoidance or affirmative defense”. | 1 | 1994–1994 |
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.
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.