impairment claim (Washington) · Go Syfert
← Washington issues

impairment claim in Washington

9 Washington opinions name it 2 courts 1991–2025 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 (6)

CaseFollowedCited
United States v. Tommy Robertsgreen
ca2 · 1975 · cited in 2 Washington opinions naming this issue, 2001–2001
2 sentences

2001It includes any threat to "`an accused's significant stakes—psychological, physical and financial—in the prompt termination of a proceeding which may ultimately deprive him of life, liberty or property.'" United States v. Dreyer, 533 F.2d 112, 115 (3d Cir.1976) (quoting United States v. Roberts, 515 F.2d 642, 645 (2d Cir. 1975)).

2001It includes any threat to “ ‘an accused’s significant stakes — psychological, physical and financial — in the prompt termination of a proceeding which may ultimately deprive him of life, liberty or property.’ ” United States v. Dreyer, 533 F.2d 112, 115 (3d Cir. 1976) (quoting United States v. Roberts, 515 F.2d 642, 645 (2d Cir. 1975)).

22
United States v. Joel P. Dreyer Appeal of Audrey Ellen Goldsmithgreen
ca3 · 1976 · cited in 2 Washington opinions naming this issue, 2001–2001
2 sentences

2001It includes any threat to "`an accused's significant stakes—psychological, physical and financial—in the prompt termination of a proceeding which may ultimately deprive him of life, liberty or property.'" United States v. Dreyer, 533 F.2d 112, 115 (3d Cir.1976) (quoting United States v. Roberts, 515 F.2d 642, 645 (2d Cir. 1975)).

2001It includes any threat to “ ‘an accused’s significant stakes — psychological, physical and financial — in the prompt termination of a proceeding which may ultimately deprive him of life, liberty or property.’ ” United States v. Dreyer, 533 F.2d 112, 115 (3d Cir. 1976) (quoting United States v. Roberts, 515 F.2d 642, 645 (2d Cir. 1975)).

22
Tyrpak v. Danielsgreen
wash · 1994 · cited in 3 Washington opinions naming this issue, 1998–2006
2 sentences

2006Under our jurisprudence, as well as that of the Supreme Court, this is fatal to an impairment claim. [5] ś 21 In Tyrpak , for example, the trial court expressly found: "The value of outstanding G.O. bonds is reduced due to 1) the removal of part of the PORT OF VANCOUVER'S assessed territory by the proposed annexation, and 2) the uncertainty of further annexation in the future." Tyrpak, 124 Wash.2d at 151 , 874 P.2d 1374 (quoting Clerk's Papers at 75).

2006Under our jurisprudence, as well as that of the Supreme Court, this is fatal to an impairment claim. 27 ¶89 In Tyrpak , for example, the trial court expressly found: “The value of outstanding [general obligation] bonds is reduced due to 1) the removal of part of the PORT OF VANCOUVER’S assessed territory by the proposed annexation, and 2) the uncertainty of further annexation in the future.” Tyrpak, 124 Wn.2d at 151 (quoting Clerk’s Papers at 75).

13
Doggett v. United Statesgreen
scotus · 1992 · cited in 1 Washington opinions naming this issue, 2020–2020
2 sentences

2020See Ollivier, 178 Wn.2d at 844 -45 (citing Doggett v. United States, 505 U.S. 647 , 112 S. Ct. 2686 , 120 L.

2020See Ollivier, 178 Wn.2d at 844 -45 (citing Doggett v. United States, 505 U.S. 647 , 112 S. Ct. 2686 , 120 L.

11
State v. Olliviergreen
wash · 2013 · cited in 1 Washington opinions naming this issue, 2020–2020
1 sentence

2020See Ollivier, 178 Wn.2d at 844 -45 (citing Doggett v. United States, 505 U.S. 647 , 112 S. Ct. 2686 , 120 L.

11
State Bank of Hartland v. Arndtgreen
wisctapp · 1986 · cited in 1 Washington opinions naming this issue, 1991–1991
2 sentences

1991We are persuaded by these cases that the impairment analysis should begin with the essential inquiry of whether the creditor had any obligation or duty to protect the security interest for the benefit of the surety. *735 State Bank v. Arndt, 129 Wis.2d 411, 416-20 , 385 N.W.2d 219, 222-23 (Ct. App. 1986) is instructive.

1991We are persuaded by these cases that the impairment analysis should begin with the essential inquiry of whether the creditor had any obligation or duty to protect the security interest for the benefit of the surety. *735 State Bank v. Arndt, 129 Wis.2d 411, 416-20 , 385 N.W.2d 219, 222-23 (Ct. App. 1986) is instructive.

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 (6)

CaseCitedYears
Haberman v. Washington Public Power Supply System green
wash · 1988
2 sentences

2006But that fact needs to be proved, not just assumed, to sustain an impairment claim. [6] Haberman, relied upon by Tyrpak , expressly rejected a contract impairment claim because there was no proof that the legislative change at issue "diminished the value of their bonds, thus unconstitutionally impairing the force of their contracts." 109 Wash.2d at 146 , 744 P.2d 1032 .

2006Haberman, relied upon by Tyrpak , expressly rejected a contract impairment claim because there was no proof that the legislative change at issue “diminished the value of their bonds, thus unconstitutionally impairing the force of their contracts.” Haberman, 109 Wn.2d at 146 .

22006–2006
United States Trust Co. of NY v. New Jersey green
scotus · 1977
2 sentences

2006Tyrpak, 124 Wash.2d at 156 , 874 P.2d 1374 (citing U.S. Trust Co. v. New Jersey, 431 U.S. 1, 23-24 , 97 S.Ct. 1505 , 52 L.Ed.2d 92 (1977)).

2006Id. (citing U.S. Trust Co., 431 U.S. at 23-24 ).

22006–2006
State v. Iniguez green
wash · 2009
1 sentence

2025Iniguez, 167 Wn.2d at 295 .

12025–2025
Municipality of Metropolitan Seattle v. O'Brien green
wash · 1976
2 sentences

2006O'Brien , relied upon by Haberman as well as the majority, found a contract impairment was caused by the refusal of the state treasurer to remit to petitioner certain tax proceeds based upon a stipulation "that the bonds will be diminished in value from $30 to $60 per thousand dollars par value." O'Brien, 86 Wash.2d at 352 , 544 P.2d 729 .

2006O'Brien , relied upon by Haberman as well as the majority, found a contract impairment was caused by the refusal of the state treasurer to remit to petitioner certain tax proceeds based upon a stipulation "that the bonds will be diminished in value from $30 to $60 per thousand dollars par value." O'Brien, 86 Wash.2d at 352 , 544 P.2d 729 .

12006–2006
cluster 412099 green
ca9 · 1983
1 sentence

2006Id. (citing U.S. Trust Co., 431 U.S. at 23-24 ).

12006–2006
Energy Reserves Group, Inc. v. Kansas Power & Light Co. green
scotus · 1983
2 sentences

1994Energy Reserves Group, Inc. v. Kansas Power & Light Co., 459 U.S. 400, 412-13 , 74 L.

1994Energy Reserves Group, Inc. v. Kansas Power & Light Co., 459 U.S. 400, 412-13 , 74 L.

11994–1994

Where else courts name it

TX 23 (1941–2025) MI 20 (1936–2026) NM 13 (1989–2022) GA 12 (1986–2024) CA 10 (1973–2024) MO 10 (2015–2024) MT 9 (1984–2026) WA 9 (1991–2025) NY 8 (1901–2026) MD 8 (1975–2019) IN 7 (1937–2019) WY 6 (2014–2022) PA 6 (1964–1999) FL 5 (1986–2013) OR 5 (1992–2008) KS 4 (2010–2025) LA 4 (1959–2004) TN 4 (1981–1999) UT 4 (2011–2022) SC 3 (2006–2007) IL 3 (1978–2020) WI 3 (1957–2010) RI 3 (1975–2005) CT 3 (2019–2020) MN 2 (1981–2011) OH 2 (1969–2004) MS 2 (2011–2015) AL 2 (1934–1995) CO 2 (2001–2004)

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