abuse of a qualified privilege (Washington) · Go Syfert
← Washington issues

abuse of a qualified privilege in Washington

15 Washington opinions name it 2 courts 1984–2025 1 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 (4)

CaseFollowedCited
Bender v. City of Seattlegreen
wash · 1983 · cited in 10 Washington opinions naming this issue, 1986–2025
2 sentences

2020In order to establish an abuse of a qualified privilege, there must be “proof of knowledge or reckless disregard as to the falsity of a statement.” Bender, 99 Wn.2d at 559, 601 .

2015Our Supreme Court has previously ruled that "the release of information to the press and public by police officers" is subject to a "qualified privilege." Bender. 99 Wn.2d at 601 . -23- No. 71044-3-1/24 In order to establish an abuse of a qualified privilege, there must be "proof of knowledge or reckless disregard as to the falsity of a statement"—in other words, "actual malice." Bender. 99 Wn.2d at 559, 601-02 .

310
Story v. Shelter Bay Companygreen
washctapp · 1988 · cited in 3 Washington opinions naming this issue, 1990–2001
2 sentences

2001Bender, 99 Wash.2d at 601 , 664 P.2d 492 ; Story v. Shelter Bay Co., 52 Wash.App. 334, 341-42 , 760 P.2d 368 (1988).

2001Bender, 99 Wn.2d at 601 ; Story v. Shelter Bay Co., 52 Wn.

13
Mark v. Seattle Timesgreen
wash · 1981 · cited in 2 Washington opinions naming this issue, 1984–2025
2 sentences

1984As we noted in Mark v. Seattle Times, [ 96 Wn.2d 473 ] at 492 n.5, [ 635 P.2d 1081 (1981), cert. denied, 457 U.S. 1124 (1982)], proof of an abuse of a qualified privilege must be established by clear and convincing evidence, not simply by a preponderance of the evidence.

1984As we noted in Mark v. Seattle Times, [ 96 Wn.2d 473 ] at 492 n.5, [ 635 P.2d 1081 (1981), cert. denied, 457 U.S. 1124 (1982)], proof of an abuse of a qualified privilege must be established by clear and convincing evidence, not simply by a preponderance of the evidence.

12
Momah v. Bhartigreen
washctapp · 2008 · cited in 1 Washington opinions naming this issue, 2015–2015
2 sentences

2015Furthermore, "proof of an abuse of a qualified privilege must be established by clear and convincing evidence, not simply by a preponderance of the evidence." Bender, 99 Wn.2d at 601 (adopting rule from Restatement (Second) of Torts § 600, at 288 (1977)); accord Momah, 144 Wn.

2015Furthermore, "proof of an abuse of a qualified privilege must be established by clear and convincing evidence, not simply by a preponderance of the evidence." Bender, 99 Wn.2d at 601 (adopting rule from Restatement (Second) of Torts § 600, at 288 (1977)); accord Momah, 144 Wn.

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 (5)

CaseCitedYears
Moe v. Wise green
washctapp · 1999
2 sentences

2001Moe, 97 Wash.App. at 964-65 , 989 P.2d 1148 ; Haueter, 61 Wash.App. at 588 n. 5, 811 P.2d 231 .

2001Moe, 97 Wn.

22001–2001
Haueter v. Cowles Publishing Co. green
washctapp · 1991
2 sentences

2001Moe, 97 Wash.App. at 964-65 , 989 P.2d 1148 ; Haueter, 61 Wash.App. at 588 n. 5, 811 P.2d 231 .

2001Moe, 97 Wash.App. at 964-65 , 989 P.2d 1148 ; Haueter, 61 Wash.App. at 588 n. 5, 811 P.2d 231 .

12001–2001
Dunlap v. Wayne green
wash · 1986
2 sentences

1988Dunlap v. Wayne, 105 Wn.2d 529, 542 , 716 P.2d 842 (1986); Turngren v. King Cy., 104 Wn.2d 293, 310 , 705 P.2d 258 (1985). 4 The factors cited include declarant's hostility, failure to properly investigate, and knowledge that his or her sources were hostile to the plaintiff.

1988Dunlap v. Wayne, 105 Wn.2d 529, 542 , 716 P.2d 842 (1986); Turngren v. King Cy., 104 Wn.2d 293, 310 , 705 P.2d 258 (1985). 4 The factors cited include declarant's hostility, failure to properly investigate, and knowledge that his or her sources were hostile to the plaintiff.

11988–1988
Turngren v. King County green
wash · 1985
2 sentences

1988Dunlap v. Wayne, 105 Wn.2d 529, 542 , 716 P.2d 842 (1986); Turngren v. King Cy., 104 Wn.2d 293, 310 , 705 P.2d 258 (1985). 4 The factors cited include declarant's hostility, failure to properly investigate, and knowledge that his or her sources were hostile to the plaintiff.

1988Dunlap v. Wayne, 105 Wn.2d 529, 542 , 716 P.2d 842 (1986); Turngren v. King Cy., 104 Wn.2d 293, 310 , 705 P.2d 258 (1985). 4 The factors cited include declarant's hostility, failure to properly investigate, and knowledge that his or her sources were hostile to the plaintiff.

11988–1988
Slayton v. Oklahoma green
scotus · 1982
1 sentence

1984As we noted in Mark v. Seattle Times, [ 96 Wn.2d 473 ] at 492 n.5, [ 635 P.2d 1081 (1981), cert. denied, 457 U.S. 1124 (1982)], proof of an abuse of a qualified privilege must be established by clear and convincing evidence, not simply by a preponderance of the evidence.

11984–1984

Statutes the citing opinions construe

USC § 42u.s.c.1983 (5)

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

WA 15 (1984–2025) IL 9 (1993–2022) NJ 5 (1993–2004)

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.

← Caselaw search · G Cite Topics · Brief Check