Gardner test (Washington) · Go Syfert
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Gardner test in Washington

11 Washington opinions name it 2 courts 1938–2016 0 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
Gardner v. Loomis Armored, Inc.green
wash · 1996 · cited in 4 Washington opinions naming this issue, 2008–2011
2 sentences

2011See Gardner, 128 Wash.2d at 943 , 913 P.2d 377 .

2011See Gardner, 128 Wash.2d at 943 , 913 P.2d 377 .

24
Ellis v. City of Seattlegreen
wash · 2000 · cited in 2 Washington opinions naming this issue, 2008–2011
2 sentences

2011We held that “the jeopardy prong of the Gardner test may be established if an employee has an objectively reasonable belief the law may be violated in the absence of his or her action.” Id. at 461.

2011We held that “the jeopardy prong of the Gardner test may be established if an employee has an objectively reasonable belief the law may be violated in the absence of his or her action.” Id. at 461.

22
Gardner v. Loomis Armored Inc.green
wash · 1996 · cited in 2 Washington opinions naming this issue, 2008–2011
2 sentences

2011See Gardner, 128 Wash.2d at 943 , 913 P.2d 377 .

2011See Gardner, 128 Wash.2d at 943 , 913 P.2d 377 .

12
Roberts v. Dudleygreen
wash · 2000 · cited in 1 Washington opinions naming this issue, 2001–2001
1 sentence

2001Id. at 69-70, 64-65 (retaining the four-element Gardner test).

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 (8)

CaseCitedYears
Ellis v. City of Seattle green
wash · 2001
2 sentences

2011We held that "the jeopardy prong of the Gardner test may be established if an employee has an objectively reasonable belief the law may be violated in the absence of his or her action." Id. at 461, 13 P.3d 1065 .

2011We held that "the jeopardy prong of the Gardner test may be established if an employee has an objectively reasonable belief the law may be violated in the absence of his or her action." Id. at 461, 13 P.3d 1065 .

22008–2011
Dicomes v. State green
wash · 1989
2 sentences

2001Dicomes, 113 Wn.2d at 617 .

2001Dicomes, 113 Wn.2d at 617 .

22001–2001
State v. Riley red
washctapp · 1993
1 sentence

2016State v. Riley, 69 Wn.

12016–2016
State v. Berlin green
washctapp · 1987
2 sentences

2016Contrary to Gardner’s claim on appeal, a track record of providing reliable information by a citizen informant is not required to establish the informant’s credibility “because a citizen who is an eyewitness or a victim lacks the opportunity to establish a record of previous reliability.” State v. Berlin, 46 Wn.

2016App. 587, 590 , 731 P.2d 548 (1987).

12016–2016
Ino Ino, Inc. v. City of Bellevue green
wash · 1997
1 sentence

2013In addition, “[a] trial court may consider whether the new claim is futile or untimely.” Ino Ino, Inc. v. City of Bellevue, 132 Wn.2d 103, 142 , 937 P.2d 154 (1997).z ¶40 Here, the trial court denied Gardner’s motion for leave to amend after concluding that Gardner could not prove damages and that the motion was untimely because he filed it together with his summary judgment response.

12013–2013
Ino Ino, Inc. v. City of Bellevue green
wash · 1997
1 sentence

2013In addition, “[a] trial court may consider whether the new claim is futile or untimely.” Ino Ino, Inc. v. City of Bellevue, 132 Wn.2d 103, 142 , 937 P.2d 154 (1997).z ¶40 Here, the trial court denied Gardner’s motion for leave to amend after concluding that Gardner could not prove damages and that the motion was untimely because he filed it together with his summary judgment response.

12013–2013
Roberts v. Dudley green
wash · 2000
1 sentence

2001Id. at 69-70, 64-65, 993 P.2d 901 (retaining the four-element Gardner test).

12001–2001
Birkel v. Chandler green
wash · 1901
2 sentences

1938In Birkel v. Chandler, 26 Wash. 241 , 66 Pac. 406 , plaintiff sought recovery against three separate defendants, the owner of the building where the accident happened, and two other persons who were performing the work which resulted in the accident.

1938In Birkel v. Chandler, 26 Wash. 241 , 66 Pac. 406 , plaintiff sought recovery against three separate defendants, the owner of the building where the accident happened, and two other persons who were performing the work which resulted in the accident.

11938–1938

Statutes the citing opinions construe

WA § Wash. Rev. Code § 49.12.200 (5) USC § 42u.s.c.12101-12213 (4) WA § Wash. Rev. Code § 49.60.010 (4) WA § Wash. Rev. Code § 49.60.040 (4)

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

FL 17 (1980–2016) WA 11 (1938–2016) VT 10 (1983–2016) TX 10 (1978–2015) PA 8 (1973–2024) NC 7 (1986–2010) MS 7 (1988–2026) MI 5 (1989–2018) NY 5 (1991–2022) OH 4 (2005–2023) UT 4 (1994–2019) AL 3 (2001–2004) ME 2 (1986–2013) IL 2 (2009–2019) IN 2 (2005–2013) KS 2 (2019–2020) CA 2 (1947–1979) AR 2 (2015–2022) GA 2 (2003–2020) DC 2 (2016–2023)

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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