factor test (Wyoming) · Go Syfert
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factor test in Wyoming

11 Wyoming opinions name it 1 courts 1994–2024 5 in the last five years

The cases below were cited by Wyoming 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 (9)

CaseFollowedCited
Leithead v. American Colloid Co.green
wyo · 1986 · cited in 2 Wyoming opinions naming this issue, 1994–1994
2 sentences

1994See Leithead v. American Colloid Company, 721 P.2d 1059, 1065 (Wyo.1986).

1994See Leithead v. American Colloid Company, 721 P.2d 1059, 1065 (Wyo.1986).

22
Kelly Wilcox v. Security State Bankgreen
wyo · 2023 · cited in 1 Wyoming opinions naming this issue, 2024–2024
2 sentences

2024See Gates, 719 P.2d at 196 (applying this factor test to determine whether to recognize the new tort of negligent infliction of emotional distress); Wilcox v. Security State Bank, 2023 WY 2, ¶ 39 , 523 P.3d 277, 287 (Wyo. 2023) (evaluating whether to recognize a new tort of negligent advising); Duncan v. Afton, Inc., 991 P.2d 739, 744 (Wyo. 1999) (applying the eight-factor test to determine “whether a duty should be imposed based on a particular relationship”). [¶18] We decline Officer Briggs’s invitation for three reasons.

2024See Gates, 719 P.2d at 196 (applying this factor test to determine whether to recognize the new tort of negligent infliction of emotional distress); Wilcox v. Security State Bank, 2023 WY 2, ¶ 39 , 523 P.3d 277, 287 (Wyo. 2023) (evaluating whether to recognize a new tort of negligent advising); Duncan v. Afton, Inc., 991 P.2d 739, 744 (Wyo. 1999) (applying the eight-factor test to determine “whether a duty should be imposed based on a particular relationship”). [¶18] We decline Officer Briggs’s invitation for three reasons.

11
Duncan v. Afton, Inc.green
wyo · 1999 · cited in 1 Wyoming opinions naming this issue, 2024–2024
1 sentence

2024See Gates, 719 P.2d at 196 (applying this factor test to determine whether to recognize the new tort of negligent infliction of emotional distress); Wilcox v. Security State Bank, 2023 WY 2, ¶ 39 , 523 P.3d 277, 287 (Wyo. 2023) (evaluating whether to recognize a new tort of negligent advising); Duncan v. Afton, Inc., 991 P.2d 739, 744 (Wyo. 1999) (applying the eight-factor test to determine “whether a duty should be imposed based on a particular relationship”). [¶18] We decline Officer Briggs’s invitation for three reasons.

11
Ortega v. Flaimgreen
wyo · 1995 · cited in 1 Wyoming opinions naming this issue, 2024–2024
1 sentence

2024First, the federal district court asked us to evaluate duty in the context of a traditional negligence claim, noting in its certification order that our opinion would be “potentially dispositive of Palm-Egle’s negligence claim.” Congruently, we have been reticent to recognize new duties and their associated causes of action “without a proper record and insightful analysis of whether conditions in Wyoming warrant a change.” Wilcox, 2023 WY 2, ¶ 49 , 523 P.3d at 289 (citing Ortega v. Flaim, 902 P.2d 199, 204 (Wyo. 1995)). [¶19] As noted, the record before us is sparse.

11
Keats v. Stategreen
wyo · 2003 · cited in 1 Wyoming opinions naming this issue, 2023–2023
1 sentence

2023See Keats, ¶ 13, 64 P.3d at 108 (citation omitted).

11
Matter of the Name Change of J.P.H.green
sd · 2015 · cited in 1 Wyoming opinions naming this issue, 2022–2022
1 sentence

2022See generally J.P.H., 865 N.W.2d 488 ; In re Leyna A., No. M2016-02548-COA-R3-JV, 2017 WL 4083644 (Tenn. Ct. App. Sept. 15, 2017); Walden v. Jackson, 2016 Ark.

11
Hurd v. State (In re EMM)green
wyo · 2018 · cited in 1 Wyoming opinions naming this issue, 2021–2021
1 sentence

2021Compare In re DKS, ¶ 22, 456 P.3d at 925, and Matter of EMM, 2018 WY 36 , ¶¶ 11, 13, 414 P.3d 1157, 1160 (Wyo. 2018) (explaining that a trial court must consider three factors to resolve a motion to set aside entry of default and, in applying the factor test, “[n]o single factor is dispositive of the issue, and the ultimate determination under a factor test rule is made by weighing or balancing the conclusions on the individual factors against one another”).

11
United States v. Johnsongreen
ca4 · 2010 · cited in 1 Wyoming opinions naming this issue, 2018–2018
1 sentence

2018See United States v. Johnson , 599 F.3d 339 , 345-46 (4th Cir. 2010) (probable cause where officers witnessed transaction that appeared to be drug transaction and defendant tossed capsule when officers approached); United States v. McFarlane , 491 F.3d 53 , 56-57 (1st Cir. 2007) (finding probable cause to arrest where officer saw defendant chasing victim, heard shots fired, and observed defendant try to hide firearm under garbage can liner); United States v. Sanders , 631 F.2d 1309 , 1311-12 (8th Cir. 1980) (finding probable cause where officers had current and corroborated tip from reliable i

11
Markby v. St. Anthony Hospital Systemsgreen
wyo · 1982 · cited in 1 Wyoming opinions naming this issue, 2004–2004
1 sentence

2004Anthony Hospital Systems, 647 P.2d 1068, 1070-74 (Wyo.1982) (special “fairness” considerations are a factor in the analysis of personal jurisdiction cases). [¶ 13] Continuing our consideration of the standard of review to be applied here, we take note of this discussion from 4 Charles Alan Wright & Arthur R.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway.

Also cited on this issue (19)

CaseCitedYears
Kline v. People green
colo · 2016
1 sentence

2023Kline v. People, 367 P.3d 116 , 123–25 (Colo. 2016).

12023–2023
People v. Klein green
colo · 1988
1 sentence

2023For purposes of our discussion here, we decipher no substantive difference when these various terms are used. 8 Diamondstone, 105 P.3d at 4 . 5 The factors evaluated in Colorado are (1) character; (2) conduct since the imposition of the original discipline; (3) professional competence; (4) candor and sincerity; (5) recommendations of other witnesses; (6) present business pursuits; (7) personal aspects and community service; and (8) recognition of the seriousness of the previous misconduct. 6 Klein, 756 P.2d at 1015–16. [¶24] In 2016, the Colorado Supreme Court applied the factor test when it e

12023–2023
In Re Disability Proceeding Against Diamondstone green
wash · 2005
1 sentence

2023For purposes of our discussion here, we decipher no substantive difference when these various terms are used. 8 Diamondstone, 105 P.3d at 4 . 5 The factors evaluated in Colorado are (1) character; (2) conduct since the imposition of the original discipline; (3) professional competence; (4) candor and sincerity; (5) recommendations of other witnesses; (6) present business pursuits; (7) personal aspects and community service; and (8) recognition of the seriousness of the previous misconduct. 6 Klein, 756 P.2d at 1015–16. [¶24] In 2016, the Colorado Supreme Court applied the factor test when it e

12023–2023
Walden v. Jackson II neutral
arkctapp · 2016
1 sentence

2022See generally J.P.H., 865 N.W.2d 488 ; In re Leyna A., No. M2016-02548-COA-R3-JV, 2017 WL 4083644 (Tenn. Ct. App. Sept. 15, 2017); Walden v. Jackson, 2016 Ark.

12022–2022
Jean Best v. Brianna Best green
wyo · 2015
2 sentences

2020For a decision to warrant only prospective application, the decision “must establish a new principle of law, either by overruling clear past precedent on which litigants may have relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed.” Id. ¶ 30, 357 P.3d at 1156 (quoting Chevron Oil Co. v. Huson, 404 U.S. 97, 106 , 92 S. Ct. 349, 355 , 30 L.Ed.2d 296 (1971)).5 5 Chevron provides a factor test for determining whether a decision should apply prospectively only.

2020Best, ¶ 30, 357 P.3d at 1156 .

12020–2020
Chevron Oil Co. v. Huson red
scotus · 1971
2 sentences

2020For a decision to warrant only prospective application, the decision “must establish a new principle of law, either by overruling clear past precedent on which litigants may have relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed.” Id. ¶ 30, 357 P.3d at 1156 (quoting Chevron Oil Co. v. Huson, 404 U.S. 97, 106 , 92 S. Ct. 349, 355 , 30 L.Ed.2d 296 (1971)).5 5 Chevron provides a factor test for determining whether a decision should apply prospectively only.

2020For a decision to warrant only prospective application, the decision “must establish a new principle of law, either by overruling clear past precedent on which litigants may have relied, or by deciding an issue of first impression whose resolution was not clearly foreshadowed.” Id. ¶ 30, 357 P.3d at 1156 (quoting Chevron Oil Co. v. Huson, 404 U.S. 97, 106 , 92 S. Ct. 349, 355 , 30 L.Ed.2d 296 (1971)).5 5 Chevron provides a factor test for determining whether a decision should apply prospectively only.

12020–2020
State v. Graham green
wash · 1996
1 sentence

2018See United States v. Johnson , 599 F.3d 339 , 345-46 (4th Cir. 2010) (probable cause where officers witnessed transaction that appeared to be drug transaction and defendant tossed capsule when officers approached); United States v. McFarlane , 491 F.3d 53 , 56-57 (1st Cir. 2007) (finding probable cause to arrest where officer saw defendant chasing victim, heard shots fired, and observed defendant try to hide firearm under garbage can liner); United States v. Sanders , 631 F.2d 1309 , 1311-12 (8th Cir. 1980) (finding probable cause where officers had current and corroborated tip from reliable i

12018–2018
State v. Thomas green
neb · 1992
2 sentences

2018See United States v. Johnson , 599 F.3d 339 , 345-46 (4th Cir. 2010) (probable cause where officers witnessed transaction that appeared to be drug transaction and defendant tossed capsule when officers approached); United States v. McFarlane , 491 F.3d 53 , 56-57 (1st Cir. 2007) (finding probable cause to arrest where officer saw defendant chasing victim, heard shots fired, and observed defendant try to hide firearm under garbage can liner); United States v. Sanders , 631 F.2d 1309 , 1311-12 (8th Cir. 1980) (finding probable cause where officers had current and corroborated tip from reliable i

2018See United States v. Johnson , 599 F.3d 339 , 345-46 (4th Cir. 2010) (probable cause where officers witnessed transaction that appeared to be drug transaction and defendant tossed capsule when officers approached); United States v. McFarlane , 491 F.3d 53 , 56-57 (1st Cir. 2007) (finding probable cause to arrest where officer saw defendant chasing victim, heard shots fired, and observed defendant try to hide firearm under garbage can liner); United States v. Sanders , 631 F.2d 1309 , 1311-12 (8th Cir. 1980) (finding probable cause where officers had current and corroborated tip from reliable i

12018–2018
State v. Ruffing green
nh · 1985
2 sentences

2018See United States v. Johnson , 599 F.3d 339 , 345-46 (4th Cir. 2010) (probable cause where officers witnessed transaction that appeared to be drug transaction and defendant tossed capsule when officers approached); United States v. McFarlane , 491 F.3d 53 , 56-57 (1st Cir. 2007) (finding probable cause to arrest where officer saw defendant chasing victim, heard shots fired, and observed defendant try to hide firearm under garbage can liner); United States v. Sanders , 631 F.2d 1309 , 1311-12 (8th Cir. 1980) (finding probable cause where officers had current and corroborated tip from reliable i

2018See United States v. Johnson , 599 F.3d 339 , 345-46 (4th Cir. 2010) (probable cause where officers witnessed transaction that appeared to be drug transaction and defendant tossed capsule when officers approached); United States v. McFarlane , 491 F.3d 53 , 56-57 (1st Cir. 2007) (finding probable cause to arrest where officer saw defendant chasing victim, heard shots fired, and observed defendant try to hide firearm under garbage can liner); United States v. Sanders , 631 F.2d 1309 , 1311-12 (8th Cir. 1980) (finding probable cause where officers had current and corroborated tip from reliable i

12018–2018
State v. Maguire green
nh · 1987
2 sentences

2018See United States v. Johnson , 599 F.3d 339 , 345-46 (4th Cir. 2010) (probable cause where officers witnessed transaction that appeared to be drug transaction and defendant tossed capsule when officers approached); United States v. McFarlane , 491 F.3d 53 , 56-57 (1st Cir. 2007) (finding probable cause to arrest where officer saw defendant chasing victim, heard shots fired, and observed defendant try to hide firearm under garbage can liner); United States v. Sanders , 631 F.2d 1309 , 1311-12 (8th Cir. 1980) (finding probable cause where officers had current and corroborated tip from reliable i

2018See United States v. Johnson , 599 F.3d 339 , 345-46 (4th Cir. 2010) (probable cause where officers witnessed transaction that appeared to be drug transaction and defendant tossed capsule when officers approached); United States v. McFarlane , 491 F.3d 53 , 56-57 (1st Cir. 2007) (finding probable cause to arrest where officer saw defendant chasing victim, heard shots fired, and observed defendant try to hide firearm under garbage can liner); United States v. Sanders , 631 F.2d 1309 , 1311-12 (8th Cir. 1980) (finding probable cause where officers had current and corroborated tip from reliable i

12018–2018
Killian v. Caza Drilling, Inc. green
wyo · 2006
2 sentences

2018While the issue of proximate cause is sometimes explained in terms of the substantial factor test, intervening cause, remote cause, or "natural and probable consequences," we have repeatedly stated that, "The ultimate test of proximate cause is foreseeability." *512 Killian v. Caza Drilling, Inc. , 2006 WY 42 , ¶ 20, 131 P.3d 975 , 985 (Wyo. 2006).

2018While the issue of proximate cause is sometimes explained in terms of the substantial factor test, intervening cause, remote cause, or "natural and probable consequences," we have repeatedly stated that, "The ultimate test of proximate cause is foreseeability." *512 Killian v. Caza Drilling, Inc. , 2006 WY 42 , ¶ 20, 131 P.3d 975 , 985 (Wyo. 2006).

12018–2018
United States v. McFarlane green
ca1 · 2007
1 sentence

2018See United States v. Johnson , 599 F.3d 339 , 345-46 (4th Cir. 2010) (probable cause where officers witnessed transaction that appeared to be drug transaction and defendant tossed capsule when officers approached); United States v. McFarlane , 491 F.3d 53 , 56-57 (1st Cir. 2007) (finding probable cause to arrest where officer saw defendant chasing victim, heard shots fired, and observed defendant try to hide firearm under garbage can liner); United States v. Sanders , 631 F.2d 1309 , 1311-12 (8th Cir. 1980) (finding probable cause where officers had current and corroborated tip from reliable i

12018–2018
United States v. Willard R. Sanders green
ca8 · 1980
1 sentence

2018See United States v. Johnson , 599 F.3d 339 , 345-46 (4th Cir. 2010) (probable cause where officers witnessed transaction that appeared to be drug transaction and defendant tossed capsule when officers approached); United States v. McFarlane , 491 F.3d 53 , 56-57 (1st Cir. 2007) (finding probable cause to arrest where officer saw defendant chasing victim, heard shots fired, and observed defendant try to hide firearm under garbage can liner); United States v. Sanders , 631 F.2d 1309 , 1311-12 (8th Cir. 1980) (finding probable cause where officers had current and corroborated tip from reliable i

12018–2018
State v. Graham green
wash · 1996
1 sentence

2018See United States v. Johnson , 599 F.3d 339 , 345-46 (4th Cir. 2010) (probable cause where officers witnessed transaction that appeared to be drug transaction and defendant tossed capsule when officers approached); United States v. McFarlane , 491 F.3d 53 , 56-57 (1st Cir. 2007) (finding probable cause to arrest where officer saw defendant chasing victim, heard shots fired, and observed defendant try to hide firearm under garbage can liner); United States v. Sanders , 631 F.2d 1309 , 1311-12 (8th Cir. 1980) (finding probable cause where officers had current and corroborated tip from reliable i

12018–2018
Hovington v. State green
del · 1992
1 sentence

2018See United States v. Johnson , 599 F.3d 339 , 345-46 (4th Cir. 2010) (probable cause where officers witnessed transaction that appeared to be drug transaction and defendant tossed capsule when officers approached); United States v. McFarlane , 491 F.3d 53 , 56-57 (1st Cir. 2007) (finding probable cause to arrest where officer saw defendant chasing victim, heard shots fired, and observed defendant try to hide firearm under garbage can liner); United States v. Sanders , 631 F.2d 1309 , 1311-12 (8th Cir. 1980) (finding probable cause where officers had current and corroborated tip from reliable i

12018–2018
State v. Bumpus green
iowa · 1990
1 sentence

2018See United States v. Johnson , 599 F.3d 339 , 345-46 (4th Cir. 2010) (probable cause where officers witnessed transaction that appeared to be drug transaction and defendant tossed capsule when officers approached); United States v. McFarlane , 491 F.3d 53 , 56-57 (1st Cir. 2007) (finding probable cause to arrest where officer saw defendant chasing victim, heard shots fired, and observed defendant try to hide firearm under garbage can liner); United States v. Sanders , 631 F.2d 1309 , 1311-12 (8th Cir. 1980) (finding probable cause where officers had current and corroborated tip from reliable i

12018–2018
State v. Smith green
wva · 1993
2 sentences

2018See United States v. Johnson , 599 F.3d 339 , 345-46 (4th Cir. 2010) (probable cause where officers witnessed transaction that appeared to be drug transaction and defendant tossed capsule when officers approached); United States v. McFarlane , 491 F.3d 53 , 56-57 (1st Cir. 2007) (finding probable cause to arrest where officer saw defendant chasing victim, heard shots fired, and observed defendant try to hide firearm under garbage can liner); United States v. Sanders , 631 F.2d 1309 , 1311-12 (8th Cir. 1980) (finding probable cause where officers had current and corroborated tip from reliable i

2018See United States v. Johnson , 599 F.3d 339 , 345-46 (4th Cir. 2010) (probable cause where officers witnessed transaction that appeared to be drug transaction and defendant tossed capsule when officers approached); United States v. McFarlane , 491 F.3d 53 , 56-57 (1st Cir. 2007) (finding probable cause to arrest where officer saw defendant chasing victim, heard shots fired, and observed defendant try to hide firearm under garbage can liner); United States v. Sanders , 631 F.2d 1309 , 1311-12 (8th Cir. 1980) (finding probable cause where officers had current and corroborated tip from reliable i

12018–2018
State v. Welch green
ohio · 1985
2 sentences

2018See United States v. Johnson , 599 F.3d 339 , 345-46 (4th Cir. 2010) (probable cause where officers witnessed transaction that appeared to be drug transaction and defendant tossed capsule when officers approached); United States v. McFarlane , 491 F.3d 53 , 56-57 (1st Cir. 2007) (finding probable cause to arrest where officer saw defendant chasing victim, heard shots fired, and observed defendant try to hide firearm under garbage can liner); United States v. Sanders , 631 F.2d 1309 , 1311-12 (8th Cir. 1980) (finding probable cause where officers had current and corroborated tip from reliable i

2018See United States v. Johnson , 599 F.3d 339 , 345-46 (4th Cir. 2010) (probable cause where officers witnessed transaction that appeared to be drug transaction and defendant tossed capsule when officers approached); United States v. McFarlane , 491 F.3d 53 , 56-57 (1st Cir. 2007) (finding probable cause to arrest where officer saw defendant chasing victim, heard shots fired, and observed defendant try to hide firearm under garbage can liner); United States v. Sanders , 631 F.2d 1309 , 1311-12 (8th Cir. 1980) (finding probable cause where officers had current and corroborated tip from reliable i

12018–2018
Muniz v. State green
texcrimapp · 1984
1 sentence

2018See United States v. Johnson , 599 F.3d 339 , 345-46 (4th Cir. 2010) (probable cause where officers witnessed transaction that appeared to be drug transaction and defendant tossed capsule when officers approached); United States v. McFarlane , 491 F.3d 53 , 56-57 (1st Cir. 2007) (finding probable cause to arrest where officer saw defendant chasing victim, heard shots fired, and observed defendant try to hide firearm under garbage can liner); United States v. Sanders , 631 F.2d 1309 , 1311-12 (8th Cir. 1980) (finding probable cause where officers had current and corroborated tip from reliable i

12018–2018

Where else courts name it

CA 234 (1935–2026) TX 88 (1972–2026) WA 63 (1982–2025) CT 60 (1980–2022) NJ 57 (1976–2026) IL 56 (1984–2026) PA 55 (1947–2026) WI 50 (1979–2026) LA 48 (1992–2023) VA 46 (1985–2025) MD 45 (1985–2025) OR 36 (1983–2025) TN 28 (1995–2026) KY 26 (1965–2024) OH 25 (1988–2026) NC 22 (1983–2026) UT 21 (1955–2022) ID 21 (1990–2025) MA 20 (1976–2025) GA 19 (1986–2026) KS 19 (1970–2025) IA 18 (1994–2026) MO 17 (1972–2024) AK 16 (1976–2025) MN 16 (1986–2024) FL 15 (1985–2016) IN 15 (1978–2026) MI 15 (1997–2026) AL 15 (1889–2018) NY 14 (1907–2026) AZ 13 (1976–2021) MS 13 (1989–2025) SC 12 (1991–2025) MT 11 (1976–2021) WY 11 (1994–2024) SD 9 (1981–2017) VT 9 (1992–2025) DC 8 (1979–2021) CO 8 (2002–2026) NM 8 (1992–2014) WV 7 (1980–2024) NH 7 (1988–2018) DE 7 (1998–2024) OK 5 (1987–2002) NV 5 (1988–2020) NE 5 (1994–2013) RI 4 (1996–2019) AR 3 (1991–2003) ME 3 (1990–2007) HI 2 (2017–2020) ND 2 (1997–2017)

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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