difficult standard (Washington) · Go Syfert
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difficult standard in Washington

13 Washington opinions name it 2 courts 1976–2025 3 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 (6)

CaseFollowedCited
Ashcroft v. Iqbalgreen
scotus · 2009 · cited in 2 Washington opinions naming this issue, 2010–2010
2 sentences

2010See Ashcroft v. Iqbal, 556 U.S. 662 , 129 S. Ct. 1937, 1949 , 173 L.

2010See Ashcroft v. Iqbal, 556 U.S. 662 , 129 S. Ct. 1937, 1949 , 173 L.

22
cluster 431104green
ca9 · 1984 · cited in 1 Washington opinions naming this issue, 2014–2014
1 sentence

2014Among other courts, two different approaches have emerged: The more difficult test is the “complete domination” test, under which a plaintiff who seeks to toll the statute under adverse domination must show “full, complete and exclusive control in the directors or officers charged.” Mosesian v. Peat, Marwick, Mitchell & Co., 727 F.2d 873, 879 (9th Cir. [1984]) (quoting International Rys. of Cent.

11
International Railways of Central America v. United Fruit Companygreen
ca2 · 1967 · cited in 1 Washington opinions naming this issue, 2014–2014
1 sentence

2014Am. v. United Fruit Co., 373 F.2d 408, 414 (2d Cir.), cert. denied, 387 U.S. 921 , 87 S.Ct. 2031 , 18 L.Ed.2d 975 (1967)), cert. denied, 469 U.S. 932 , 105 S.Ct. 329 , 83 L.Ed.2d 265 (1984).

11
Conley v. Gibsonred
scotus · 1957 · cited in 1 Washington opinions naming this issue, 2010–2010
2 sentences

2010See Halvorson *863 v. Dahl, 89 Wash.2d 673, 674 , 574 P.2d 1190 (1978) ("On a [CR] 12(b)(6) motion, a challenge to the legal sufficiency of the plaintiff's allegations must be denied unless no state of facts which plaintiff could prove, consistent with the complaint, would entitle the plaintiff to relief on the claim."); see also Christensen v. Swedish Hosp., 59 Wash.2d 545, 548 , 368 P.2d 897 (1962) (citing Conley v. Gibson, 355 U.S. 41 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)). ¶ 8 However the United States Supreme Court has recently revised its dismissal standard under Fed.R.Civ.P. 12(b)(6), per

2010See Halvorson *863 v. Dahl, 89 Wash.2d 673, 674 , 574 P.2d 1190 (1978) ("On a [CR] 12(b)(6) motion, a challenge to the legal sufficiency of the plaintiff's allegations must be denied unless no state of facts which plaintiff could prove, consistent with the complaint, would entitle the plaintiff to relief on the claim."); see also Christensen v. Swedish Hosp., 59 Wash.2d 545, 548 , 368 P.2d 897 (1962) (citing Conley v. Gibson, 355 U.S. 41 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)). ¶ 8 However the United States Supreme Court has recently revised its dismissal standard under Fed.R.Civ.P. 12(b)(6), per

11
Christensen v. Swedish Hospitalgreen
wash · 1962 · cited in 1 Washington opinions naming this issue, 2010–2010
2 sentences

2010See Halvorson *863 v. Dahl, 89 Wash.2d 673, 674 , 574 P.2d 1190 (1978) ("On a [CR] 12(b)(6) motion, a challenge to the legal sufficiency of the plaintiff's allegations must be denied unless no state of facts which plaintiff could prove, consistent with the complaint, would entitle the plaintiff to relief on the claim."); see also Christensen v. Swedish Hosp., 59 Wash.2d 545, 548 , 368 P.2d 897 (1962) (citing Conley v. Gibson, 355 U.S. 41 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)). ¶ 8 However the United States Supreme Court has recently revised its dismissal standard under Fed.R.Civ.P. 12(b)(6), per

2010See Halvorson *863 v. Dahl, 89 Wash.2d 673, 674 , 574 P.2d 1190 (1978) ("On a [CR] 12(b)(6) motion, a challenge to the legal sufficiency of the plaintiff's allegations must be denied unless no state of facts which plaintiff could prove, consistent with the complaint, would entitle the plaintiff to relief on the claim."); see also Christensen v. Swedish Hosp., 59 Wash.2d 545, 548 , 368 P.2d 897 (1962) (citing Conley v. Gibson, 355 U.S. 41 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)). ¶ 8 However the United States Supreme Court has recently revised its dismissal standard under Fed.R.Civ.P. 12(b)(6), per

11
Halvorson v. Dahlgreen
wash · 1978 · cited in 1 Washington opinions naming this issue, 2010–2010
2 sentences

2010See Halvorson *863 v. Dahl, 89 Wash.2d 673, 674 , 574 P.2d 1190 (1978) ("On a [CR] 12(b)(6) motion, a challenge to the legal sufficiency of the plaintiff's allegations must be denied unless no state of facts which plaintiff could prove, consistent with the complaint, would entitle the plaintiff to relief on the claim."); see also Christensen v. Swedish Hosp., 59 Wash.2d 545, 548 , 368 P.2d 897 (1962) (citing Conley v. Gibson, 355 U.S. 41 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)). ¶ 8 However the United States Supreme Court has recently revised its dismissal standard under Fed.R.Civ.P. 12(b)(6), per

2010See Halvorson *863 v. Dahl, 89 Wash.2d 673, 674 , 574 P.2d 1190 (1978) ("On a [CR] 12(b)(6) motion, a challenge to the legal sufficiency of the plaintiff's allegations must be denied unless no state of facts which plaintiff could prove, consistent with the complaint, would entitle the plaintiff to relief on the claim."); see also Christensen v. Swedish Hosp., 59 Wash.2d 545, 548 , 368 P.2d 897 (1962) (citing Conley v. Gibson, 355 U.S. 41 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957)). ¶ 8 However the United States Supreme Court has recently revised its dismissal standard under Fed.R.Civ.P. 12(b)(6), per

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 (13)

CaseCitedYears
State v. Noltie green
wash · 1991
2 sentences

2021When it comes to assessing a trial court’s decision on a challenge for cause, we must keep in mind that the trial court has the advantage of observing a juror’s demeanor and is therefore “in the best position to determine a juror’s ability to be fair and impartial.” Id. at 839 .

2021When it comes to assessing a trial court’s decision on a challenge for cause, we must keep in mind that the trial court has the advantage of observing a juror’s demeanor and is therefore “in the best position to determine a juror’s ability to be fair and impartial.” Id. at 839 .

22021–2021
McCurry v. Chevy Chase Bank, FSB green
wash · 2010
2 sentences

2013FSB. 169 Wn.2d 96, 101 , 233 P.3d 861 (2010). 76 In McCurrv. our Supreme Court declined to adopt the federal standard for dismissal.

2013P. 12(b)(6) permits dismissal “unless the claim is plausibly based upon the factual allegations in the complaint — a more difficult standard to satisfy.” McCurry v. Chevy Chase Bank, FSB, 169 Wn.2d 96, 101 , 233 P.3d 861 (2010).

22013–2013
McCurry v. Chevy Chase Bank, FSB green
wash · 2010
2 sentences

2013FSB. 169 Wn.2d 96, 101 , 233 P.3d 861 (2010). 76 In McCurrv. our Supreme Court declined to adopt the federal standard for dismissal.

2013P. 12(b)(6) permits dismissal “unless the claim is plausibly based upon the factual allegations in the complaint — a more difficult standard to satisfy.” McCurry v. Chevy Chase Bank, FSB, 169 Wn.2d 96, 101 , 233 P.3d 861 (2010).

22013–2013
State v. Lord green
wash · 1992
2 sentences

2006Lord, 117 Wash.2d at 849 , 822 P.2d 177 .

2006Lord, 117 Wn.2d at 849 .

22006–2006
State v. McDowell green
wash · 1984
2 sentences

2006This court held in State v. McDowell, 102 Wn.2d 341, 344 , 685 P.2d 595 (1984) that “Washington case law, in accord with [United States v.] Goodwin, [ 457 U.S. 368 , 102 S. Ct. 2485 , 73 L.

2006This court held in State v. McDowell, 102 Wn.2d 341, 344 , 685 P.2d 595 (1984) that “Washington case law, in accord with [United States v.] Goodwin, [ 457 U.S. 368 , 102 S. Ct. 2485 , 73 L.

22006–2006
State v. McCreven green
washctapp · 2012
1 sentence

2025The court of appeals held that the instruction did not reflect the proper standard for self-defense and lessened the prosecution’s burden of proof in disproving self-defense because it raised the degree of threat of injury that the defendants must have reasonably perceived to act in self-defense, id. at 464 , a more difficult standard to meet for self- defense, and conversely an easier burden to disprove.

12025–2025
Beall Pipe & Tank Corp. v. Shell Oil Co. green
scotus · 1967
1 sentence

2014Am. v. United Fruit Co., 373 F.2d 408, 414 (2d Cir.), cert. denied, 387 U.S. 921 , 87 S.Ct. 2031 , 18 L.Ed.2d 975 (1967)), cert. denied, 469 U.S. 932 , 105 S.Ct. 329 , 83 L.Ed.2d 265 (1984).

12014–2014
Tivey v. Rhay green
scotus · 1967
1 sentence

2014Am. v. United Fruit Co., 373 F.2d 408, 414 (2d Cir.), cert. denied, 387 U.S. 921 , 87 S.Ct. 2031 , 18 L.Ed.2d 975 (1967)), cert. denied, 469 U.S. 932 , 105 S.Ct. 329 , 83 L.Ed.2d 265 (1984).

12014–2014
Peat, Marwick, Mitchell & Co. v. Mosesian green
scotus · 1984
1 sentence

2014Am. v. United Fruit Co., 373 F.2d 408, 414 (2d Cir.), cert. denied, 387 U.S. 921 , 87 S.Ct. 2031 , 18 L.Ed.2d 975 (1967)), cert. denied, 469 U.S. 932 , 105 S.Ct. 329 , 83 L.Ed.2d 265 (1984).

12014–2014
Wolfson v. United States green
scotus · 1984
1 sentence

2014Am. v. United Fruit Co., 373 F.2d 408, 414 (2d Cir.), cert. denied, 387 U.S. 921 , 87 S.Ct. 2031 , 18 L.Ed.2d 975 (1967)), cert. denied, 469 U.S. 932 , 105 S.Ct. 329 , 83 L.Ed.2d 265 (1984).

12014–2014
Cathcart v. Matthews green
· 1916
1 sentence

2014Am. v. United Fruit Co., 373 F.2d 408, 414 (2d Cir.), cert. denied, 387 U.S. 921 , 87 S.Ct. 2031 , 18 L.Ed.2d 975 (1967)), cert. denied, 469 U.S. 932 , 105 S.Ct. 329 , 83 L.Ed.2d 265 (1984).

12014–2014
United States v. Goodwin green
scotus · 1982
2 sentences

2006This court held in State v. McDowell, 102 Wn.2d 341, 344 , 685 P.2d 595 (1984) that “Washington case law, in accord with [United States v.] Goodwin, [ 457 U.S. 368 , 102 S. Ct. 2485 , 73 L.

2006This court held in State v. McDowell, 102 Wn.2d 341, 344 , 685 P.2d 595 (1984) that “Washington case law, in accord with [United States v.] Goodwin, [ 457 U.S. 368 , 102 S. Ct. 2485 , 73 L.

12006–2006
Walker v. Colorado Springs Sun, Inc. green
colo · 1975
2 sentences

1976Although the Times malice test is a difficult test to meet, it has been met before and after Gertz, most recently in Walker v. Colorado Springs Sun, Inc., ___ Colo. ___, 538 P.2d 450 (1975).

1976Although the Times malice test is a difficult test to meet, it has been met before and after Gertz , most recently in Walker v. Colorado Springs Sun, Inc.,............Colo. ............, 538 P.2d 450 (1975).

11976–1976

Statutes the citing opinions construe

WA § Wash. Rev. Code § 9.94A.589 (4) WA § Wash. Rev. Code § 2.06.040 (3) WA § Wash. Rev. Code § 9.94A.030 (3)

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

TX 525 (1990–2026) IL 151 (1994–2026) CA 87 (1975–2026) OH 50 (1990–2023) NC 45 (1982–2026) WY 29 (2003–2026) KY 27 (2006–2025) PA 25 (1944–2026) GA 24 (2017–2026) FL 19 (1971–2025) IN 19 (1994–2023) MI 16 (1905–2026) NJ 15 (1973–2020) IA 15 (1985–2025) TN 14 (1993–2026) LA 13 (1984–2023) WA 13 (1976–2025) OR 13 (1975–2025) NY 12 (1989–2026) MO 11 (1948–2025) MA 11 (1980–2025) DE 10 (1985–2026) MN 9 (1971–2025) WV 9 (1992–2025) ID 9 (1986–2024) WI 8 (1993–2023) MD 8 (1935–2020) DC 7 (1989–2026) UT 7 (1997–2025) HI 7 (1973–2025) CO 6 (1977–2018) AZ 6 (1989–2018) AL 6 (2007–2018) SC 5 (2012–2024) CT 5 (1983–2000) KS 5 (2014–2025) MT 4 (1994–2020) ME 4 (2000–2016) NH 3 (2009–2011) NE 3 (2006–2025) OK 3 (1996–2001) RI 2 (2005–2008) NM 2 (1997–2024) VI 2 (2009–2026)

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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