defendant waived defense (Washington) · Go Syfert
← Washington issues

defendant waived defense in Washington

12 Washington opinions name it 2 courts 1906–2024 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 (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Washington.

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
Romjue v. Fairchild green
washctapp · 1991
2 sentences

2002Romjue, 60 Wn.

2002Romjue, 60 Wash.App. at 282 , 803 P.2d 57 .

31998–2002
Lybbert v. Grant County green
wash · 2000
2 sentences

2004Lybbert, 141 Wn.2d at 38-39 .

2004Lybbert, 141 Wash.2d at 38-39 , 1 P.3d 1124 . [2] For similar reasons, this case is not analogous to Blankenship v. Kaldor, 114 Wash.App. 312 , 57 P.3d 295 (2002), rev. denied, 149 Wash.2d 1021 , 72 P.3d 761 (2003), as the O'Neills argue.

22004–2004
State v. Smith green
wash · 2024
1 sentence

2024Id. 2 Review denied, 3 Wn.3d 1008 , 551 P.3d 442 (2024). 3 Reversed on other grounds, ___ Wn.3d ___, 555 P.3d 850 (2024). 5 No. 86848-9-I/6 at 747-48.

12024–2024
French v. Gabriel green
wash · 1991
2 sentences

2016Similarly, in French v. Gabriel, the plaintiff argued that the defendant waived the defense of insufficient service of process by filing an untimely answer, objecting to a trial date, taking a deposition, and consenting to amendment of the complaint. 116 Wn.2d 584, 594 , 806 P.2d 1234 (1991).

2016Similarly, in French v. Gabriel, the plaintiff argued that the defendant waived the defense of insufficient service of process by filing an untimely answer, objecting to a trial date, taking a deposition, and consenting to amendment of the complaint. 116 Wn.2d 584, 594 , 806 P.2d 1234 (1991).

12016–2016
State v. Jones green
wash · 2016
1 sentence

2016Id.

12016–2016
State v. Ross green
wash · 2004
2 sentences

2007Ross, 152 Wn.2d at 233 . ¶22 An offender score is “based on [the defendant’s] prior convictions and the level of seriousness of the current offense.” Ross, 152 Wn.2d at 229 .

2007Ross, 152 Wn.2d at 233 . ¶22 An offender score is “based on [the defendant’s] prior convictions and the level of seriousness of the current offense.” Ross, 152 Wn.2d at 229 .

12007–2007
Lybbert v. Grant County, State of Wash. green
wash · 2000
1 sentence

2004Lybbert, 141 Wash.2d at 38-39 , 1 P.3d 1124 . [2] For similar reasons, this case is not analogous to Blankenship v. Kaldor, 114 Wash.App. 312 , 57 P.3d 295 (2002), rev. denied, 149 Wash.2d 1021 , 72 P.3d 761 (2003), as the O'Neills argue.

12004–2004
Blankenship v. Kaldor neutral
washctapp · 2002
1 sentence

2004Lybbert, 141 Wash.2d at 38-39 , 1 P.3d 1124 . [2] For similar reasons, this case is not analogous to Blankenship v. Kaldor, 114 Wash.App. 312 , 57 P.3d 295 (2002), rev. denied, 149 Wash.2d 1021 , 72 P.3d 761 (2003), as the O'Neills argue.

12004–2004
Blankenship v. Kaldor green
washctapp · 2002
1 sentence

2004Lybbert, 141 Wash.2d at 38-39 , 1 P.3d 1124 . [2] For similar reasons, this case is not analogous to Blankenship v. Kaldor, 114 Wash.App. 312 , 57 P.3d 295 (2002), rev. denied, 149 Wash.2d 1021 , 72 P.3d 761 (2003), as the O'Neills argue.

12004–2004
State Ex Rel. Shannon v. Sponburgh green
wash · 1965
2 sentences

1999Shannon v. Sponburgh, 66 Wash.2d 135, 143 , 401 P.2d 635 (1965). *1115 In Romjue , this court determined the defendant waived the defense of insufficient service by engaging in discovery that was not directed toward determining whether facts existed to support that affirmative defense.

1999Shannon v. Sponburgh, 66 Wash.2d 135, 143 , 401 P.2d 635 (1965). *1115 In Romjue , this court determined the defendant waived the defense of insufficient service by engaging in discovery that was not directed toward determining whether facts existed to support that affirmative defense.

11999–1999
State v. Gallo green
washctapp · 1978
1 sentence

1981State v. Allan, 88 Wn.2d 394, 396 , 562 P.2d 632 (1977); State v. Gallo, 20 Wn.

11981–1981
State v. Allan green
wash · 1977
2 sentences

1981State v. Allan, 88 Wn.2d 394, 396 , 562 P.2d 632 (1977); State v. Gallo, 20 Wn.

1981State v. Allan, 88 Wn.2d 394, 396 , 562 P.2d 632 (1977); State v. Gallo, 20 Wn.

11981–1981
Kahnweiler v. Phenix Ins. Co. of Brooklyn neutral
· 1895
1 sentence

1906Co., 67 Fed. 483 , the court said: “By failing to set up the condition precedent and its breach in its answer, the defendant waived that defense:.

11906–1906

Statutes the citing opinions construe

WA § Wash. Rev. Code § 4.16.080 (7) WA § Wash. Rev. Code § 4.28.080 (7) WA § Wash. Rev. Code § 4.16.170 (6)

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

NY 88 (1917–2025) CT 62 (1971–2026) TX 30 (1961–2024) PA 26 (1980–2026) IL 24 (1908–2023) CA 16 (1896–2026) MA 16 (1919–2026) FL 15 (1959–2018) MO 14 (1906–2019) IN 13 (1995–2025) WA 12 (1906–2024) IA 11 (1879–2022) TN 9 (2004–2026) LA 7 (1913–2021) AZ 7 (1965–2024) MI 7 (1983–2026) OK 6 (1927–2005) NC 6 (1876–2024) GA 5 (1998–2021) NE 5 (1990–2013) WI 4 (1989–2022) CO 4 (1927–2025) MN 3 (1980–2014) RI 3 (1981–1986) OH 3 (2006–2025) ME 2 (2016–2016) WV 2 (1945–1980) NM 2 (2004–2020) SD 2 (1985–2022) AL 2 (1972–1973) NJ 2 (1989–2002) MD 2 (2014–2015) VT 2 (1894–1940) MT 2 (1987–2008)

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