appropriation claim in New York

14 New York opinions name it 4 courts 1861–2014 0 in the last five years

The cases below were cited by New York 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 (12)

Case	Followed	Cited
Niagara Mohawk Power Corp. v. Baylygreen nyappdiv · 1968 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014Co. v State of New York, 54 AD2d 1089, 1089 [1976]), including when defendant submits the document to the federal government to demonstrate compliance with federal regulations in order to obtain funds or reimbursement (see Barnes v State of New York, 67 AD2d 1065, 1066 [1979]; Matter of Town of Oyster Bay [Bruce], 54 AD2d 762, 763 [1976]; City of Binghamton v Arlington Hotel, 30 AD2d 585, 586 [1968]; compare 815 Assoc. v State of New York, 251 AD2d 538, 539 [1998]; Schad v State of New York, 240 AD2d 483, 484 [1997]). 2014Co. v State of New York, 54 AD2d 1089, 1089 [1976]), including when defendant submits the document to the federal government to demonstrate compliance with federal regulations in order to obtain funds or reimbursement (see Barnes v State of New York, 67 AD2d 1065, 1066 [1979]; Matter of Town of Oyster Bay [Bruce], 54 AD2d 762, 763 [1976]; City of Binghamton v Arlington Hotel, 30 AD2d 585, 586 [1968]; compare 815 Assoc. v State of New York, 251 AD2d 538, 539 [1998]; Schad v State of New York, 240 AD2d 483, 484 [1997]).	2	2
Crossman Cadillac, Inc. v. Board of Assessorsgreen nyappdiv · 1976 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014Co. v State of New York, 54 AD2d 1089, 1089 [1976]), including when defendant submits the document to the federal government to demonstrate compliance with federal regulations in order to obtain funds or reimbursement (see Barnes v State of New York, 67 AD2d 1065, 1066 [1979]; Matter of Town of Oyster Bay [Bruce], 54 AD2d 762, 763 [1976]; City of Binghamton v Arlington Hotel, 30 AD2d 585, 586 [1968]; compare 815 Assoc. v State of New York, 251 AD2d 538, 539 [1998]; Schad v State of New York, 240 AD2d 483, 484 [1997]). 2014Co. v State of New York, 54 AD2d 1089, 1089 [1976]), including when defendant submits the document to the federal government to demonstrate compliance with federal regulations in order to obtain funds or reimbursement (see Barnes v State of New York, 67 AD2d 1065, 1066 [1979]; Matter of Town of Oyster Bay [Bruce], 54 AD2d 762, 763 [1976]; City of Binghamton v Arlington Hotel, 30 AD2d 585, 586 [1968]; compare 815 Assoc. v State of New York, 251 AD2d 538, 539 [1998]; Schad v State of New York, 240 AD2d 483, 484 [1997]).	2	2
De Angelis v. De Angelisgreen nyappdiv · 1976 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014Co. v State of New York, 54 AD2d 1089, 1089 [1976]), including when defendant submits the document to the federal government to demonstrate compliance with federal regulations in order to obtain funds or reimbursement (see Barnes v State of New York, 67 AD2d 1065, 1066 [1979]; Matter of Town of Oyster Bay [Bruce], 54 AD2d 762, 763 [1976]; City of Binghamton v Arlington Hotel, 30 AD2d 585, 586 [1968]; compare 815 Assoc. v State of New York, 251 AD2d 538, 539 [1998]; Schad v State of New York, 240 AD2d 483, 484 [1997]). 2014Co. v State of New York, 54 AD2d 1089, 1089 [1976]), including when defendant submits the document to the federal government to demonstrate compliance with federal regulations in order to obtain funds or reimbursement (see Barnes v State of New York, 67 AD2d 1065, 1066 [1979]; Matter of Town of Oyster Bay [Bruce], 54 AD2d 762, 763 [1976]; City of Binghamton v Arlington Hotel, 30 AD2d 585, 586 [1968]; compare 815 Assoc. v State of New York, 251 AD2d 538, 539 [1998]; Schad v State of New York, 240 AD2d 483, 484 [1997]).	2	2
Barnes v. Stategreen nyappdiv · 1979 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014Co. v State of New York, 54 AD2d 1089, 1089 [1976]), including when defendant submits the document to the federal government to demonstrate compliance with federal regulations in order to obtain funds or reimbursement (see Barnes v State of New York, 67 AD2d 1065, 1066 [1979]; Matter of Town of Oyster Bay [Bruce], 54 AD2d 762, 763 [1976]; City of Binghamton v Arlington Hotel, 30 AD2d 585, 586 [1968]; compare 815 Assoc. v State of New York, 251 AD2d 538, 539 [1998]; Schad v State of New York, 240 AD2d 483, 484 [1997]). 2014Co. v State of New York, 54 AD2d 1089, 1089 [1976]), including when defendant submits the document to the federal government to demonstrate compliance with federal regulations in order to obtain funds or reimbursement (see Barnes v State of New York, 67 AD2d 1065, 1066 [1979]; Matter of Town of Oyster Bay [Bruce], 54 AD2d 762, 763 [1976]; City of Binghamton v Arlington Hotel, 30 AD2d 585, 586 [1968]; compare 815 Assoc. v State of New York, 251 AD2d 538, 539 [1998]; Schad v State of New York, 240 AD2d 483, 484 [1997]).	2	2
Schad v. Stategreen nyappdiv · 1997 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014Co. v State of New York, 54 AD2d 1089, 1089 [1976]), including when defendant submits the document to the federal government to demonstrate compliance with federal regulations in order to obtain funds or reimbursement (see Barnes v State of New York, 67 AD2d 1065, 1066 [1979]; Matter of Town of Oyster Bay [Bruce], 54 AD2d 762, 763 [1976]; City of Binghamton v Arlington Hotel, 30 AD2d 585, 586 [1968]; compare 815 Assoc. v State of New York, 251 AD2d 538, 539 [1998]; Schad v State of New York, 240 AD2d 483, 484 [1997]). 2014Co. v State of New York, 54 AD2d 1089, 1089 [1976]), including when defendant submits the document to the federal government to demonstrate compliance with federal regulations in order to obtain funds or reimbursement (see Barnes v State of New York, 67 AD2d 1065, 1066 [1979]; Matter of Town of Oyster Bay [Bruce], 54 AD2d 762, 763 [1976]; City of Binghamton v Arlington Hotel, 30 AD2d 585, 586 [1968]; compare 815 Assoc. v State of New York, 251 AD2d 538, 539 [1998]; Schad v State of New York, 240 AD2d 483, 484 [1997]).	2	2
815 Associates, Inc. v. Stategreen nyappdiv · 1998 · cited in 2 New York opinions naming this issue, 2014–2014 2 sentences 2014Co. v State of New York, 54 AD2d 1089, 1089 [1976]), including when defendant submits the document to the federal government to demonstrate compliance with federal regulations in order to obtain funds or reimbursement (see Barnes v State of New York, 67 AD2d 1065, 1066 [1979]; Matter of Town of Oyster Bay [Bruce], 54 AD2d 762, 763 [1976]; City of Binghamton v Arlington Hotel, 30 AD2d 585, 586 [1968]; compare 815 Assoc. v State of New York, 251 AD2d 538, 539 [1998]; Schad v State of New York, 240 AD2d 483, 484 [1997]). 2014Co. v State of New York, 54 AD2d 1089, 1089 [1976]), including when defendant submits the document to the federal government to demonstrate compliance with federal regulations in order to obtain funds or reimbursement (see Barnes v State of New York, 67 AD2d 1065, 1066 [1979]; Matter of Town of Oyster Bay [Bruce], 54 AD2d 762, 763 [1976]; City of Binghamton v Arlington Hotel, 30 AD2d 585, 586 [1968]; compare 815 Assoc. v State of New York, 251 AD2d 538, 539 [1998]; Schad v State of New York, 240 AD2d 483, 484 [1997]).	2	2
Anderson v. Regangreen ny · 1981 · cited in 3 New York opinions naming this issue, 1982–1996 2 sentences 1996Anderson bolsters the interpretation that placement of funds into the State treasury is the determinative factor in invoking the appropriation rule, while not deciding the issue of whether such funds must be appropriated where the Comptroller withholds them from the treasury without legislative sanction, i.e., whether the rule might apply in some instances where funds have not yet been placed in the State treasury (Anderson v Regan, supra, at 361, n 6). 1996The majority in Anderson (supra) rejected the three dissenters’ conclusion that the distinction as to when Federal funds must be appropriated turns on whether the Federal Government has imposed express conditions on their use, i.e., if the Federal funds are conditioned, they never become a part of the State treasury or under State management but if no such conditions are imposed by Congress, they fall within the appropriation rule once received. .	1	3
Sipple v. . the Stategreen ny · 1885 · cited in 1 New York opinions naming this issue, 2006–2006 1 sentence 2006But my review is mindful of a long-standing judicial philosophy to which I adhere that “it is unbecoming the dignity and honor of a great State to attempt to evade the fulfillment of its obligations according to their spirit and meaning, or to stint the payment of a proposed indemnity by a constrained or illiberal construction of the language in which its promise is framed” (Sipple v State of New York, 99 NY 284, 289 [1885]).	1	1
Brown v. State of New Yorkgreen ny · 1996 · cited in 1 New York opinions naming this issue, 2006–2006 1 sentence 2006He quoted the State’s opposition that “with the exception of excuse, and an alternative remedy against [that claimant’s] previous attorneys, all of the other factors set forth in Section 10, subd. 6 of the Court of Claims Act weigh in movant’s favor for an appropriation claim.” Accordingly, the Second Department’s decision in Boyajian requires scrutiny to see whether it fulfills the Court of Appeals affirmation of “the public policy which seeks to reduce rather than increase the obstacles to recovery of damages, whether defendant is a private person or a public body” (Brown v State of New York	1	1
Matter of Clark v. . Sheldongreen · 1887 · cited in 1 New York opinions naming this issue, 1996–1996 2 sentences 1996Indeed, an early interpretation of the appropriation rule (then embodied in section 8 of article VII of the 1846 NY Constitution) concluded that moneys raised through all forms of taxation and paid to and held by a county treasurer, pursuant to statute, never became part of the State treasury or under management of the State (Matter of Clark v Sheldon, 106 NY 104, 112 [1887]; see also, Matter of Roosevelt Raceway v Monaghan, 9 NY2d 293 ; Matter of Blaikie, 11 AD2d 196, 202-203 [1st Dept 1960], lv denied 11 AD2d 928 ). 1996Indeed, an early interpretation of the appropriation rule (then embodied in section 8 of article VII of the 1846 NY Constitution) concluded that moneys raised through all forms of taxation and paid to and held by a county treasurer, pursuant to statute, never became part of the State treasury or under management of the State (Matter of Clark v Sheldon, 106 NY 104, 112 [1887]; see also, Matter of Roosevelt Raceway v Monaghan, 9 NY2d 293 ; Matter of Blaikie, 11 AD2d 196, 202-203 [1st Dept 1960], lv denied 11 AD2d 928 ).	1	1
In re Blaikiegreen nyappdiv · 1960 · cited in 1 New York opinions naming this issue, 1996–1996 2 sentences 1996Indeed, an early interpretation of the appropriation rule (then embodied in section 8 of article VII of the 1846 NY Constitution) concluded that moneys raised through all forms of taxation and paid to and held by a county treasurer, pursuant to statute, never became part of the State treasury or under management of the State (Matter of Clark v Sheldon, 106 NY 104, 112 [1887]; see also, Matter of Roosevelt Raceway v Monaghan, 9 NY2d 293 ; Matter of Blaikie, 11 AD2d 196, 202-203 [1st Dept 1960], lv denied 11 AD2d 928 ). 1996Indeed, an early interpretation of the appropriation rule (then embodied in section 8 of article VII of the 1846 NY Constitution) concluded that moneys raised through all forms of taxation and paid to and held by a county treasurer, pursuant to statute, never became part of the State treasury or under management of the State (Matter of Clark v Sheldon, 106 NY 104, 112 [1887]; see also, Matter of Roosevelt Raceway v Monaghan, 9 NY2d 293 ; Matter of Blaikie, 11 AD2d 196, 202-203 [1st Dept 1960], lv denied 11 AD2d 928 ).	1	1
Roosevelt Raceway, Inc. v. Monaghangreen ny · 1961 · cited in 1 New York opinions naming this issue, 1996–1996 2 sentences 1996Indeed, an early interpretation of the appropriation rule (then embodied in section 8 of article VII of the 1846 NY Constitution) concluded that moneys raised through all forms of taxation and paid to and held by a county treasurer, pursuant to statute, never became part of the State treasury or under management of the State (Matter of Clark v Sheldon, 106 NY 104, 112 [1887]; see also, Matter of Roosevelt Raceway v Monaghan, 9 NY2d 293 ; Matter of Blaikie, 11 AD2d 196, 202-203 [1st Dept 1960], lv denied 11 AD2d 928 ). 1996Indeed, an early interpretation of the appropriation rule (then embodied in section 8 of article VII of the 1846 NY Constitution) concluded that moneys raised through all forms of taxation and paid to and held by a county treasurer, pursuant to statute, never became part of the State treasury or under management of the State (Matter of Clark v Sheldon, 106 NY 104, 112 [1887]; see also, Matter of Roosevelt Raceway v Monaghan, 9 NY2d 293 ; Matter of Blaikie, 11 AD2d 196, 202-203 [1st Dept 1960], lv denied 11 AD2d 928 ).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (18)

Case	Cited	Years
Buckles v. . State of New York green ny · 1917 2 sentences 1925Buckles v. State of New York, 221 N. Y. 418 ; Butterfield v. State of New York, Id. 701. “ This case is similar in some respects to People’s Gas & Electric Company of Oswego v. State of New York, lately decided in this court and affirmed with some modifications by the Appellate Division. 1920Buckles v. State of New York, 221 N. Y. 418 ; Butterfield v. State of New York, Id. 701.	2	1920–1925
Navara v. M. Witmark & Sons neutral nyappdiv · 1960 2 sentences 1996Indeed, an early interpretation of the appropriation rule (then embodied in section 8 of article VII of the 1846 NY Constitution) concluded that moneys raised through all forms of taxation and paid to and held by a county treasurer, pursuant to statute, never became part of the State treasury or under management of the State (Matter of Clark v Sheldon, 106 NY 104, 112 [1887]; see also, Matter of Roosevelt Raceway v Monaghan, 9 NY2d 293 ; Matter of Blaikie, 11 AD2d 196, 202-203 [1st Dept 1960], lv denied 11 AD2d 928 ). 1996Indeed, an early interpretation of the appropriation rule (then embodied in section 8 of article VII of the 1846 NY Constitution) concluded that moneys raised through all forms of taxation and paid to and held by a county treasurer, pursuant to statute, never became part of the State treasury or under management of the State (Matter of Clark v Sheldon, 106 NY 104, 112 [1887]; see also, Matter of Roosevelt Raceway v Monaghan, 9 NY2d 293 ; Matter of Blaikie, 11 AD2d 196, 202-203 [1st Dept 1960], lv denied 11 AD2d 928 ).	1	1996–1996
Brummer v. State green nyappdiv · 1966 1 sentence 1980It is the State’s position, primarily, that the document is an offer to compromise and settle an appropriation claim, and hence is not admissible for that reason under the decision in Brummer v State of New York ( 25 AD2d 245 ).	1	1980–1980
City of Buffalo v. J. W. Clement Co. green ny · 1971 1 sentence 1976The general rule is that counsel fees in an appropriation claim are merely incidents of litigation and are not compensable (City of Buffalo v Clement Co., 28 NY2d 241 ; Court of Claims Act, § 27).	1	1976–1976
Dumala v. State green nyclaimsct · 1973 1 sentence 1975(See, for example, Priestly v State of New York, 23 NY2d 152 ; Meloon Bronze Foundry v State of New York, 10 AD2d 905 ; Holmes v State of New York, 282 App Div 278 , 279 App Div 489 ; and the complete summary discussion in Dumala v State of New York, 72 Misc 2d 687 .) However, this standard for compensation is applied after the fact of an appropriation in the claim for compensation pursuant to the State Constitution requirement that just compensation be paid for damage consequent to a taking.	1	1975–1975
Priestly v. State of New York green ny · 1968 1 sentence 1975(See, for example, Priestly v State of New York, 23 NY2d 152 ; Meloon Bronze Foundry v State of New York, 10 AD2d 905 ; Holmes v State of New York, 282 App Div 278 , 279 App Div 489 ; and the complete summary discussion in Dumala v State of New York, 72 Misc 2d 687 .) However, this standard for compensation is applied after the fact of an appropriation in the claim for compensation pursuant to the State Constitution requirement that just compensation be paid for damage consequent to a taking.	1	1975–1975
Meloon Bronze Foundry, Inc. v. State green nyappdiv · 1960 1 sentence 1975(See, for example, Priestly v State of New York, 23 NY2d 152 ; Meloon Bronze Foundry v State of New York, 10 AD2d 905 ; Holmes v State of New York, 282 App Div 278 , 279 App Div 489 ; and the complete summary discussion in Dumala v State of New York, 72 Misc 2d 687 .) However, this standard for compensation is applied after the fact of an appropriation in the claim for compensation pursuant to the State Constitution requirement that just compensation be paid for damage consequent to a taking.	1	1975–1975
Holmes v. State green nyappdiv · 1952 1 sentence 1975(See, for example, Priestly v State of New York, 23 NY2d 152 ; Meloon Bronze Foundry v State of New York, 10 AD2d 905 ; Holmes v State of New York, 282 App Div 278 , 279 App Div 489 ; and the complete summary discussion in Dumala v State of New York, 72 Misc 2d 687 .) However, this standard for compensation is applied after the fact of an appropriation in the claim for compensation pursuant to the State Constitution requirement that just compensation be paid for damage consequent to a taking.	1	1975–1975
Holmes v. State green nyappdiv · 1953 1 sentence 1975(See, for example, Priestly v State of New York, 23 NY2d 152 ; Meloon Bronze Foundry v State of New York, 10 AD2d 905 ; Holmes v State of New York, 282 App Div 278 , 279 App Div 489 ; and the complete summary discussion in Dumala v State of New York, 72 Misc 2d 687 .) However, this standard for compensation is applied after the fact of an appropriation in the claim for compensation pursuant to the State Constitution requirement that just compensation be paid for damage consequent to a taking.	1	1975–1975
Hewitt v. State neutral nyclaimsct · 1960 1 sentence 1961We are mindful of Hopkins v. State of New York ( 276 App. Div. 945 [1950]), wherein the Appellate Division, Fourth Department, affirmed a judgment of this court entered upon an appropriation claim but said: “we are of the opinion that the agreements of adjustment do not constitute evidence of the price upon any sale, under the provisions of section 16 of the Court of Claims Act, and were improperly received upon the issue of the value of claimant’s property However, claimant’s attorney sees in the more recent decision, Hewitt v. State of New York ( 27 Misc 2d 930 , affd. 11 A D 2d 1079), a dis	1	1961–1961
Reife v. Osmers green ny · 1929 1 sentence 1955(Matter of City of New York [Houghton Ave.], 239 App. Div. 480 ; Hendry v. Title Guar. & Trust Co., 165 Misc. 349 ; Matter of Title Guar. & Trust Co., 242 App. Div. 80 ; Reife v. Osmers, 252 N. Y. 320 ; Matter of City of New York [Rochester Avenue], 241 App. Div. 614 ; Bacorn v. State of New York, 195 Misc. 917 ; Matter of Van Etten v. City of New York, 226 N. Y. 483, 489 ; Matter of City of New York [Carver Houses], 114 N. Y.	1	1955–1955
Matter of Van Etten v. . City of New York green ny · 1919 1 sentence 1955(Matter of City of New York [Houghton Ave.], 239 App. Div. 480 ; Hendry v. Title Guar. & Trust Co., 165 Misc. 349 ; Matter of Title Guar. & Trust Co., 242 App. Div. 80 ; Reife v. Osmers, 252 N. Y. 320 ; Matter of City of New York [Rochester Avenue], 241 App. Div. 614 ; Bacorn v. State of New York, 195 Misc. 917 ; Matter of Van Etten v. City of New York, 226 N. Y. 483, 489 ; Matter of City of New York [Carver Houses], 114 N. Y.	1	1955–1955
Bacorn v. State neutral nyclaimsct · 1949 1 sentence 1955(Matter of City of New York [Houghton Ave.], 239 App. Div. 480 ; Hendry v. Title Guar. & Trust Co., 165 Misc. 349 ; Matter of Title Guar. & Trust Co., 242 App. Div. 80 ; Reife v. Osmers, 252 N. Y. 320 ; Matter of City of New York [Rochester Avenue], 241 App. Div. 614 ; Bacorn v. State of New York, 195 Misc. 917 ; Matter of Van Etten v. City of New York, 226 N. Y. 483, 489 ; Matter of City of New York [Carver Houses], 114 N. Y.	1	1955–1955
In re the City of New York Relative to Acquiring Title to Houghton Avenue neutral nyappdiv · 1933 1 sentence 1955(Matter of City of New York [Houghton Ave.], 239 App. Div. 480 ; Hendry v. Title Guar. & Trust Co., 165 Misc. 349 ; Matter of Title Guar. & Trust Co., 242 App. Div. 80 ; Reife v. Osmers, 252 N. Y. 320 ; Matter of City of New York [Rochester Avenue], 241 App. Div. 614 ; Bacorn v. State of New York, 195 Misc. 917 ; Matter of Van Etten v. City of New York, 226 N. Y. 483, 489 ; Matter of City of New York [Carver Houses], 114 N. Y.	1	1955–1955
In re Jennings neutral nyappdiv · 1934 1 sentence 1955(Matter of City of New York [Houghton Ave.], 239 App. Div. 480 ; Hendry v. Title Guar. & Trust Co., 165 Misc. 349 ; Matter of Title Guar. & Trust Co., 242 App. Div. 80 ; Reife v. Osmers, 252 N. Y. 320 ; Matter of City of New York [Rochester Avenue], 241 App. Div. 614 ; Bacorn v. State of New York, 195 Misc. 917 ; Matter of Van Etten v. City of New York, 226 N. Y. 483, 489 ; Matter of City of New York [Carver Houses], 114 N. Y.	1	1955–1955
In re Title Guarantee & Trust Co. for Payment of Award Made for Parcels Nos. 571, 574A & 575A neutral nyappdiv · 1934 1 sentence 1955(Matter of City of New York [Houghton Ave.], 239 App. Div. 480 ; Hendry v. Title Guar. & Trust Co., 165 Misc. 349 ; Matter of Title Guar. & Trust Co., 242 App. Div. 80 ; Reife v. Osmers, 252 N. Y. 320 ; Matter of City of New York [Rochester Avenue], 241 App. Div. 614 ; Bacorn v. State of New York, 195 Misc. 917 ; Matter of Van Etten v. City of New York, 226 N. Y. 483, 489 ; Matter of City of New York [Carver Houses], 114 N. Y.	1	1955–1955
Hendry v. Title Guarantee & Trust Co. green nysupct · 1937 1 sentence 1955(Matter of City of New York [Houghton Ave.], 239 App. Div. 480 ; Hendry v. Title Guar. & Trust Co., 165 Misc. 349 ; Matter of Title Guar. & Trust Co., 242 App. Div. 80 ; Reife v. Osmers, 252 N. Y. 320 ; Matter of City of New York [Rochester Avenue], 241 App. Div. 614 ; Bacorn v. State of New York, 195 Misc. 917 ; Matter of Van Etten v. City of New York, 226 N. Y. 483, 489 ; Matter of City of New York [Carver Houses], 114 N. Y.	1	1955–1955
People ex rel. Reynolds v. Flagg neutral nysupct · 1853 1 sentence 1861Reynolds v. Flagg, ( 16 Barb. 503 ,) and The People ex rel.	1	1861–1861

Where else courts name it

CO 53 (1892–2025) CA 27 (1927–2025) NM 26 (1931–2025) WA 15 (1991–2025) NY 14 (1861–2014) OR 13 (1923–2025) AZ 12 (1907–2016) ID 11 (1974–2024) IL 9 (1994–2026) MT 7 (1983–2024) NV 5 (2016–2024) WY 5 (1900–2014) LA 5 (1992–2025) UT 5 (1943–2020) NE 4 (1903–1993) OH 3 (2006–2025) KS 3 (1962–2011) TX 3 (1930–1996) IN 3 (1909–1977) MI 2 (1970–2001) GA 2 (1887–2013) AR 2 (1893–1953) AK 2 (2018–2018) WI 2 (1982–2001) OK 2 (1972–2010) MD 2 (2012–2012) PA 2 (1886–1943)

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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