operative principle (Washington) · Go Syfert
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operative principle in Washington

11 Washington opinions name it 2 courts 1940–2026 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 (3)

CaseFollowedCited
MacEy v. Department of Employment Securitygreen
wash · 1988 · cited in 2 Washington opinions naming this issue, 1993–1997
2 sentences

1997The Tapper court found this fourth element inherent in the Macey court’s analysis, although not enumerated in the three elements of the test set forth there, and noted that the operative principle for denial of benefits is fault: "An employee is only guilty of misconduct when his or her behavior is such that the 'unemployment is in effect voluntary’.” Tapper, 122 Wn.2d at 409 (quoting Macey, 110 Wn.2d at 316 ).

1993See Macey, 110 Wn.2d at 318 ; Henson, 113 Wn.2d at 382 (Durham, J., dissenting); Johnson v. Employment Sec.

12
Leibbrand v. Employment Security Departmentgreen
washctapp · 2001 · cited in 1 Washington opinions naming this issue, 2004–2004
1 sentence

2004Leibbrand, 107 Wn.

11
Henson v. Employment Security Departmentgreen
wash · 1989 · cited in 1 Washington opinions naming this issue, 1993–1993
1 sentence

1993See Macey, 110 Wn.2d at 318 ; Henson, 113 Wn.2d at 382 (Durham, J., dissenting); Johnson v. Employment Sec.

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 (7)

CaseCitedYears
Tapper v. Employment Security Department green
wash · 1993
2 sentences

2017Dep't, 122 Wn.2d 397, 409 , 858 P.2d 494 (1993).

1997The Tapper court found this fourth element inherent in the Macey court’s analysis, although not enumerated in the three elements of the test set forth there, and noted that the operative principle for denial of benefits is fault: "An employee is only guilty of misconduct when his or her behavior is such that the 'unemployment is in effect voluntary’.” Tapper, 122 Wn.2d at 409 (quoting Macey, 110 Wn.2d at 316 ).

21997–2017
District of Columbia v. Heller green
scotus · 2008
2 sentences

2015The Court found that the amend ment was divided into two parts—a prefatory clause 14 and an operative clause. 15 Id. at 577 . “[T]he Second Amendment’s prefatory clause announces the purpose for which the right was codified: to prevent elimination of the militia.

2015The Court found that the amendment was 7 City of Seattle v. Evans, No. 90608-4 Fairhurst, J. (dissenting) divided into two parts-a prefatory clause4 and an operative clause. 5 Id. at 577 . "[T]he Second Amendment's prefatory clause announces the purpose for which the right was codified: to prevent elimination of the militia.

22015–2015
Loveridge v. Fred Meyer, Inc. green
wash · 1995
2 sentences

2000"Res judicata refers to `the preclusive effect of judgments, including the relitigation of claims and issues that were litigated, or might have been litigated, in a prior action.'" Loveridge v. Fred Meyer, Inc., 125 Wash.2d 759, 763 , 887 P.2d 898 (1995) (emphasis added) (quoting Philip A. Trautman, Claim and Issue Preclusion in Civil Litigation in Washington, 60 WASH.

2000"Res judicata refers to `the preclusive effect of judgments, including the relitigation of claims and issues that were litigated, or might have been litigated, in a prior action.'" Loveridge v. Fred Meyer, Inc., 125 Wash.2d 759, 763 , 887 P.2d 898 (1995) (emphasis added) (quoting Philip A. Trautman, Claim and Issue Preclusion in Civil Litigation in Washington, 60 WASH.

22000–2000
In re the Personal Restraint of Hinton green
wash · 2004
1 sentence

2026Restraint of Hinton, 152 Wn.2d 853, 861 , 100 P.3d 801 (2004)). 5 Id. at 12 min., 8 sec. -9- No. 86239-1-I/10 If the ISRB chose to reimpose or modify conditions based on its expanded authority under the current version of RCW 9.94A.704, the operative inquiry is whether such action would increase the quantum of punishment Eimer faces.

12026–2026
In Re Hinton green
wash · 2004
2 sentences

2026Restraint of Hinton, 152 Wn.2d 853, 861 , 100 P.3d 801 (2004)). 5 Id. at 12 min., 8 sec. -9- No. 86239-1-I/10 If the ISRB chose to reimpose or modify conditions based on its expanded authority under the current version of RCW 9.94A.704, the operative inquiry is whether such action would increase the quantum of punishment Eimer faces.

2026Restraint of Hinton, 152 Wn.2d 853, 861 , 100 P.3d 801 (2004)). 5 Id. at 12 min., 8 sec. -9- No. 86239-1-I/10 If the ISRB chose to reimpose or modify conditions based on its expanded authority under the current version of RCW 9.94A.704, the operative inquiry is whether such action would increase the quantum of punishment Eimer faces.

12026–2026
Pierce County v. State green
wash · 2006
1 sentence

2020Pierce County II primarily concerned whether I-776 violated article II, section 23 of the state constitution by impairing contracts with bondholders by repealing taxes that secured existing bonds. 159 Wn.2d at 22 - 23.

12020–2020
First National Bank & Trust Co. v. United States Trust Co. neutral
wash · 1935
2 sentences

1940Bank & Trust Co. v. United States Trust Co., 184 Wash. 212, 219 , 50 P. (2d) 904 ), provides that the respondent insures the life of each member of the Seattle Postal Benefit Association “ (hereinafter called the Employee).” That is, the only persons insured or that could be insured under this contract of group insurance were members of the association.

1940Bank & Trust Co. v. United States Trust Co., 184 Wash. 212, 219 , 50 P. (2d) 904 ), provides that the respondent insures the life of each member of the Seattle Postal Benefit Association “ (hereinafter called the Employee).” That is, the only persons insured or that could be insured under this contract of group insurance were members of the association.

11940–1940

Statutes the citing opinions construe

WA § Wash. Rev. Code § 34.05.570 (4) WA § Wash. Rev. Code § 50.04.293 (3) WA § Wash. Rev. Code § 50.20.060 (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

NY 66 (1961–2024) TX 62 (1978–2026) CA 46 (1950–2025) DE 44 (2002–2026) PA 39 (1956–2026) OR 28 (1970–2026) FL 21 (1984–2026) UT 21 (1997–2026) IL 19 (1981–2025) OH 19 (1990–2023) MI 15 (1979–2026) NJ 15 (1978–2011) KY 13 (2010–2023) WA 11 (1940–2026) CT 11 (1972–2022) KS 11 (1988–2026) MA 9 (1997–2025) WI 9 (1993–2023) MO 9 (1928–2020) MD 8 (1993–2025) TN 7 (2005–2026) NE 6 (1986–2002) AR 6 (2003–2011) NM 6 (1956–2017) LA 6 (1971–2021) RI 6 (2003–2026) AZ 5 (1957–2026) GA 5 (1984–2025) ME 5 (1990–2025) AL 5 (1982–2025) IA 4 (2007–2026) DC 4 (1997–2026) VA 3 (2021–2026) NV 2 (2013–2020) AK 2 (2023–2024) CO 2 (1996–2010) WV 2 (1981–2007) SC 2 (2015–2015) NH 2 (1982–2011) ND 2 (1988–1988)

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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