equitable estoppel doctrine (Washington) · Go Syfert
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equitable estoppel doctrine in Washington

65 Washington opinions name it 2 courts 1910–2024 5 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 (21)

CaseFollowedCited
Concerned Land Owners of Union Hill v. King Countygreen
washctapp · 1992 · cited in 4 Washington opinions naming this issue, 2000–2000
2 sentences

2000See Concerned Land Owners, 64 Wash.App. at 778 , 827 P.2d 1017 .

2000See Concerned Land Owners, 64 Wash.App. at 778 , 827 P.2d 1017 .

24
Department of Ecology v. Theodoratusgreen
wash · 1998 · cited in 3 Washington opinions naming this issue, 1999–2000
2 sentences

2000See Theodoratus, 135 Wash.2d at 599-600 , 957 P.2d 1241 ; Chemical Bank, 102 Wash.2d at 905 , 691 P.2d 524 ; Concerned Land Owners, 64 Wash.App. at 778 , 827 P.2d 1017 .

1999To succeed on an equitable estoppel claim, a party must prove by clear, cogent, and convincing evidence “(1) an admission, statement or act inconsistent with a claim later asserted; (2) reasonable reliance on that admission, statement, or act by the other party; and (3) injury to the relying party if the court permits the first party to contradict or repudiate the admission, statement or act.” Department of Ecology v. Theodoratus, 135 Wn.2d 582, 599 , 957 P.2d 1241 (1998).

23
Motley-Motley, Inc. v. Pollution Control Hearings Boardgreen
washctapp · 2005 · cited in 2 Washington opinions naming this issue, 2011–2018
2 sentences

2018Accordingly, Motley’s assertion of an equitable estoppel defense did not convert the proceeding before PCHB into an equitable action.” Motley-Motley, 127 Wn.

2018On appeal, in its examination of whether the equitable estoppel claim was an equitable cause of action properly heard for the first time in superior court, Division Three of this court relied on the principle that “[e]quitable estoppel is available only as a shield, or defense; it is not available as a sword, or cause of action.” Motley-Motley, 127 Wn.

22
Covert v. Crossgreen
mo · 1960 · cited in 2 Washington opinions naming this issue, 2005–2005
2 sentences

2005Lawler, 569 F.2d at 1291 . ¶25 The Missouri Supreme Court similarly refused to allow an equitable estoppel defense in Covert v. Cross, 331 S.W.2d 576, 585 (Mo. 1960). 2 The facts in Covert were similar to Royal Air in that the defendants wanted to present evidence that plaintiffs allegedly waited to find out that certain oil wells were unproductive before electing to rescind the unregistered securities they had purchased relating to the oil leases.

2005The Act was passed to protect investors against their own weaknesses and to prevent the happening of such losses as are shown by this record.” Covert, 331 S.W.2d at 585 . ¶[26 The concerns expressed in Covert were cited and echoed by the dissent in Logan which expressed the view that the adoption of an equitable estoppel defense severely undermines the legislation regulating the sale of securities: The very person sought to be protected, the investor, is denied recovery while the individual violating the law escapes liability.

22
In RE MARRIAGE OF ULRICH v. Cornellgreen
wis · 1992 · cited in 2 Washington opinions naming this issue, 2001–2001
2 sentences

2001The Court warned, however, that the doctrine must be applied “ ‘cautiously.’ ” In re the Marriage of Ulrich, 168 Wis. 2d 792 , 484 N.W.2d 545, 547 (1992) (quoting Ulrich v. Cornell, 162 Wis. 2d 462 , 469 N.W.2d 890, 894 (Ct. App. 1991)).

2001The Court warned, however, that the doctrine must be applied “ ‘cautiously.’ ” In re the Marriage of Ulrich, 168 Wis. 2d 792 , 484 N.W.2d 545, 547 (1992) (quoting Ulrich v. Cornell, 162 Wis. 2d 462 , 469 N.W.2d 890, 894 (Ct. App. 1991)).

22
cluster 507099green
ca3 · 1988 · cited in 2 Washington opinions naming this issue, 2000–2000
2 sentences

2000Oneida, 848 F.2d at 417 (“The result of a failure to disclose such claims triggers application of the doctrine of equitable estoppel, operating against a subsequent attempt to prosecute the actions.”); Heritage Hotel, 160 B.R. at 379 (‘We hold that the failure to disclose any potential lender liability claims . .. during the pendency of the bankruptcy case equitably estops [the debtor] from subsequently asserting such claims.”).

2000See also Sprague v. Sysco Corp., 97 Wash.App. 169 , 180 n. 4, 982 P.2d 1202 (1999) (noting but declining to apply judicial estoppel), review denied, 140 Wash.2d 1004 , 999 P.2d 1262 (2000). [11] Oneida, 848 F.2d at 417 ("The result of a failure to disclose such claims triggers application of the doctrine of equitable estoppel, operating against a subsequent attempt to prosecute the actions."); Heritage Hotel, 160 B.R. at 379 ("We hold that the failure to disclose any potential lender liability claims ... during the pendency of the bankruptcy case equitably estops [the debtor] from subsequently

22
Heritage Hotel Ltd. Partnership I v. Valley Bank of Nevada (In Re Heritage Hotel Partnership I)green
bap9 · 1993 · cited in 2 Washington opinions naming this issue, 2000–2000
2 sentences

2000Oneida, 848 F.2d at 417 (“The result of a failure to disclose such claims triggers application of the doctrine of equitable estoppel, operating against a subsequent attempt to prosecute the actions.”); Heritage Hotel, 160 B.R. at 379 (‘We hold that the failure to disclose any potential lender liability claims . .. during the pendency of the bankruptcy case equitably estops [the debtor] from subsequently asserting such claims.”).

2000See also Sprague v. Sysco Corp., 97 Wash.App. 169 , 180 n. 4, 982 P.2d 1202 (1999) (noting but declining to apply judicial estoppel), review denied, 140 Wash.2d 1004 , 999 P.2d 1262 (2000). [11] Oneida, 848 F.2d at 417 ("The result of a failure to disclose such claims triggers application of the doctrine of equitable estoppel, operating against a subsequent attempt to prosecute the actions."); Heritage Hotel, 160 B.R. at 379 ("We hold that the failure to disclose any potential lender liability claims ... during the pendency of the bankruptcy case equitably estops [the debtor] from subsequently

22
Wright v. Stategreen
alaska · 1992 · cited in 2 Washington opinions naming this issue, 2000–2000
2 sentences

2000Wright v. State, 824 P.2d 718, 721 (Alaska 1992) (“[Q]uasi estoppel was properly applied because Wright’s lawsuit is not consistent with his bankruptcy position.”).

2000See also Sprague v. Sysco Corp., 97 Wash.App. 169 , 180 n. 4, 982 P.2d 1202 (1999) (noting but declining to apply judicial estoppel), review denied, 140 Wash.2d 1004 , 999 P.2d 1262 (2000). [11] Oneida, 848 F.2d at 417 ("The result of a failure to disclose such claims triggers application of the doctrine of equitable estoppel, operating against a subsequent attempt to prosecute the actions."); Heritage Hotel, 160 B.R. at 379 ("We hold that the failure to disclose any potential lender liability claims ... during the pendency of the bankruptcy case equitably estops [the debtor] from subsequently

22
Silverstreak, Inc. v. Department of Labor & Industriesgreen
wash · 2007 · cited in 2 Washington opinions naming this issue, 2020–2024
2 sentences

2024See Silverstreak, 159 Wn.2d at 887 (enumerating the five required elements of an equitable estoppel defense). 21 No. 85660-0-I/22 Glacier argues that the director’s order unconstitutionally impaired its contractual obligations with STP by imposing “new law and standards” contrary to the existing law contemplated at its signing which “did not apply prevailing wage to the acceptance of excavated dirt at offsite disposal pits.” Both the United States and Washington constitutions prohibit laws that impair the obligations of contracts.

2020The superior court agreed with the Department on both of these claims and Wilson does not disagree. -10- No. 79867-7-I/11 party who has justifiably and in good faith relied.” Silverstreak, Inc. v. Washington State Dep’t of Labor & Indus., 159 Wn.2d 868, 887 , 154 P.3d 891 (2007).

12
State, Dept. of Ecology v. Theodoratusgreen
wash · 1998 · cited in 2 Washington opinions naming this issue, 1999–2000
2 sentences

2000See Theodoratus, 135 Wash.2d at 599-600 , 957 P.2d 1241 ; Chemical Bank, 102 Wash.2d at 905 , 691 P.2d 524 ; Concerned Land Owners, 64 Wash.App. at 778 , 827 P.2d 1017 .

1999To succeed on an equitable estoppel claim, a party must prove by clear, cogent, and convincing evidence “(1) an admission, statement or act inconsistent with a claim later asserted; (2) reasonable reliance on that admission, statement, or act by the other party; and (3) injury to the relying party if the court permits the first party to contradict or repudiate the admission, statement or act.” Department of Ecology v. Theodoratus, 135 Wn.2d 582, 599 , 957 P.2d 1241 (1998).

12
Sunkist Soft Drinks, Inc., Del Monte Corporation, Nabisco Brands, Inc. v. Sunkist Growers, Inc.green
ca11 · 1993 · cited in 1 Washington opinions naming this issue, 2022–2022
11
Lybbert v. Grant Countygreen
wash · 2000 · cited in 1 Washington opinions naming this issue, 2018–2018
11
Parmelee v. Clarkegreen
washctapp · 2008 · cited in 1 Washington opinions naming this issue, 2018–2018
11
Young v. Estate of Snellgreen
wash · 1998 · cited in 1 Washington opinions naming this issue, 2001–2001
11
In RE MARRIAGE OF ULRICH v. Cornellgreen
wisctapp · 1991 · cited in 1 Washington opinions naming this issue, 2001–2001
11
Young v. Estate of Snellgreen
wash · 1997 · cited in 1 Washington opinions naming this issue, 2001–2001
11
Conrad v. Bank of Americagreen
calctapp · 1996 · cited in 1 Washington opinions naming this issue, 2000–2000
11
Billmeyer v. Plaza Bank of Commercegreen
calctapp · 1995 · cited in 1 Washington opinions naming this issue, 2000–2000
11
Sprague v. Sysco Corp.green
washctapp · 1999 · cited in 1 Washington opinions naming this issue, 2000–2000
11
Adolph Kizas v. William H. Webster, Adolph Kizas v. William H. Webstergreen
cadc · 1983 · cited in 1 Washington opinions naming this issue, 1995–1995
11
City and County of Denver v. Stackhousegreen
colo · 1957 · cited in 1 Washington opinions naming this issue, 1965–1965
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 (59)

CaseCitedYears
Automotive United Trades Organization v. State green
wash · 2012
2 sentences

2020Laches Lastly, Stevens contends the trial court erred in rejecting his laches defense. “‘Laches consists of two elements: (1) inexcusable delay and (2) prejudice to the other party from such delay.’” 23 United Trades Org. v. State, 175 Wn.2d 537, 542 , 23 Earlier versions of laches included a third element—“knowledge or reasonable opportunity to discover on the part of a potential plaintiff that he has a cause of action against a defendant.” United - 48 - No. 77830-7-I, 77401-8-I & 78430-7-I/49 286 P.3d 377 (2012) (quoting State ex rel.

2020Laches Lastly, Stevens contends the trial court erred in rejecting his laches defense. “‘Laches consists of two elements: (1) inexcusable delay and (2) prejudice to the other party from such delay.’” 23 United Trades Org. v. State, 175 Wn.2d 537, 542 , 23 Earlier versions of laches included a third element—“knowledge or reasonable opportunity to discover on the part of a potential plaintiff that he has a cause of action against a defendant.” United - 48 - No. 77830-7-I, 77401-8-I & 78430-7-I/49 286 P.3d 377 (2012) (quoting State ex rel.

32020–2020
Chemical Bank v. Washington Public Power Supply System green
wash · 1984
2 sentences

2018First, Chemical Bank avoided addressing whether plaintiffs could maintain an equitable estoppel claim offensively because it held that even if equitable estoppel were available to plaintiffs, the claim would fail. 102 Wn.2d at 905 .

2000See Theodoratus, 135 Wash.2d at 599-600 , 957 P.2d 1241 ; Chemical Bank, 102 Wash.2d at 905 , 691 P.2d 524 ; Concerned Land Owners, 64 Wash.App. at 778 , 827 P.2d 1017 .

32000–2018
Kessinger v. Anderson green
wash · 1948
2 sentences

1969In Arnold v. Melani, 75 Wn.2d 143, 437 P.2d 908 , 449 P.2d 800 , 450 P.2d 815 (1968-69), we said, at 147: Equitable estoppel, estoppel in pais, Peplinski v. Campbell, 37 Wn.2d 857, 226 P.2d 211 (1951); estoppel by conduct, State v. Northwest Magnesite Co., 28 Wn.2d 1 , 182 P.2d 643 (1947); estoppel by misrepresentation, Kessinger v. Anderson, 31 Wn.2d 157 , 196 P.2d 289 (1948); James v. Christ Church Parish, 29 Wn.2d 103 , 185 P.2d 984 (1947), are titles given to an equitable doctrine which in general subscribes to the principle that a man shall not be permitted to deny what he has once solemn

1951In Kessinger v. Anderson, 31 Wn. (2d) 157, 196 P. (2d) 289 , we discussed the doctrine of equitable estoppel, cited our leading cases and reviewed authorities on the subject.

31951–1969
Bennett v. Grays Harbor County green
wash · 1942
2 sentences

1953In Bennett v. Grays Harbor County, 15 Wn. (2d) 331, 130 P. (2d) 1041 , we said: “The doctrine of equitable estoppel, or estoppel in pais, rests upon the principle that, where a person wrongfully or negligently by his acts or representations causes another who has a right to rely upon such acts or representations to change his condition, to his detriment or prejudice, the person performing such acts or making such representations is precluded from pleading the falsity of his acts or representations for his own advantage, or from asserting a right which he otherwise might have had.

1945In the case of Bennett v. Grays Harbor County, 15 Wn. (2d) 331, 130 P. (2d) 1041 , this court, in considering the doctrine of estoppel, said: “The doctrine of equitable estoppel, or estoppel in pais, rests upon the principle that, where a person wrongfully or negligently by his acts or representations causes another who has a right to rely upon such acts or representations to change his condition, to his detriment or prejudice, the person performing such acts or making such representations is precluded from pleading the falsity of his acts or representations for his own advantage, or from asse

31945–1953
Kramarevcky v. Department of Social & Health Services green
wash · 1993
2 sentences

2017Kramarevcky v. Dep’t of Soc. & Health Servs., 122 Wn.2d 738, 750-51 , 863 P.2d 535 (1993) (An equitable estoppel claim requires establishing five elements, including injury.).

2017Kramarevcky v. Dep’t of Soc. & Health Servs., 122 Wn.2d 738, 750-51 , 863 P.2d 535 (1993) (An equitable estoppel claim requires establishing five elements, including injury.).

22016–2017
Sorenson v. Pyeatt green
wash · 2006
2 sentences

2011“The second element of the three-part equitable estoppel test requires the party asserting estoppel to show that he reasonably relied to his detriment on an act, admission, or statement of the party to be estopped.” Sorenson v. Pyeatt, 158 Wn.2d 523, 540 , 146 P.3d 1172 (2006).

2011"The second element of the three-part equitable estoppel test requires the party asserting estoppel to show that he reasonably relied to his detriment on an act, admission, or statement of the party to be estopped." Sorenson v. Pyeatt, 158 Wash.2d 523, 540 , 146 P.3d 1172 (2006).

22011–2011
Sorenson v. Pyeatt green
wash · 2006
2 sentences

2011“The second element of the three-part equitable estoppel test requires the party asserting estoppel to show that he reasonably relied to his detriment on an act, admission, or statement of the party to be estopped.” Sorenson v. Pyeatt, 158 Wn.2d 523, 540 , 146 P.3d 1172 (2006).

2011"The second element of the three-part equitable estoppel test requires the party asserting estoppel to show that he reasonably relied to his detriment on an act, admission, or statement of the party to be estopped." Sorenson v. Pyeatt, 158 Wash.2d 523, 540 , 146 P.3d 1172 (2006).

22011–2011
US West Communications, Inc. v. Utilities & Transportation Commission green
washctapp · 1997
2 sentences

2008App. 719, 728 , 937 P.2d 1326 (1997). ¶11 Here, the superior court concluded that the Board of Appeals incorrectly applied the doctrine of equitable estoppel.

2008Comm'n, 86 Wash.App. 719, 728 , 937 P.2d 1326 (1997). ¶ 11 Here, the superior court concluded that the Board of Appeals incorrectly applied the doctrine of equitable estoppel.

22008–2008
Joseph J. LAWLER, Trustee in Bankruptcy for Frank E. Mower, II, Appellant, v. Thomas W. GILLIAM, Jr. and General Erle Cocke, Jr., Appellees green
ca4 · 1978
2 sentences

2005Lawler, 569 F.2d at 1291 . ¶25 The Missouri Supreme Court similarly refused to allow an equitable estoppel defense in Covert v. Cross, 331 S.W.2d 576, 585 (Mo. 1960). 2 The facts in Covert were similar to Royal Air in that the defendants wanted to present evidence that plaintiffs allegedly waited to find out that certain oil wells were unproductive before electing to rescind the unregistered securities they had purchased relating to the oil leases.

2005Lawler v. Gilliam, 569 F.2d at 1291 . ¶ 24 The Missouri Supreme Court similarly refused to allow an equitable estoppel defense in Covert v. Cross, 331 S.W.2d 576, 585 (Mo., 1960). [2] The facts in Covert were similar to Royal Air in that the defendants wanted to present evidence that plaintiffs allegedly waited to find out that certain oil wells were unproductive before electing to rescind the unregistered securities they had purchased relating to the oil leases.

22005–2005
City of Mercer Island v. Steinmann green
washctapp · 1973
2 sentences

2001In short, the court concluded that the doctrine of equitable estoppel “will not be applied where its application would interfere with the discharge of governmental duties or where the officials on whose conduct estoppel is sought to be predicated acted beyond their power.” Steinmann, 9 Wn.

2001In short, the court concluded that the doctrine of equitable estoppel "will not be applied where its application would interfere with the discharge of governmental duties or where the officials on whose conduct estoppel is sought to be predicated acted beyond their power." City of Mercer Island, 9 Wash.App. at 481 , 513 P.2d 80 .

22001–2001
Emrich v. Connell green
wash · 1986
2 sentences

2000Emrich v. Connell, 105 Wash.2d 551, 559 , 716 P.2d 863 (1986).

2000Emrich v. Connell, 105 Wash.2d 551, 559 , 716 P.2d 863 (1986).

22000–2000
Hartman v. Smith green
wash · 1984
2 sentences

1995Hartman, 100 Wash.2d at 769 , 674 P.2d 176 .

1995Hartman, 100 Wash.2d at 769 , 674 P.2d 176 .

21995–1995
State v. Adams green
wash · 1987
2 sentences

1993The Department also argued its acts of overpaying benefits should be deemed ultra vires under State v. Adams, 107 Wn.2d 611 , 732 P.2d 149 (1987), thus precluding any applica-. tion of the doctrine of equitable estoppel.

1993The Department also argued its acts of overpaying benefits should be deemed ultra vires under State v. Adams, 107 Wn.2d 611 , 732 P.2d 149 (1987), thus precluding any applica-. tion of the doctrine of equitable estoppel.

21991–1993
Finch v. Matthews green
wash · 1968
2 sentences

1988Finch v. Matthews, 74 Wn.2d 161, 172 , 443 P.2d 833 (1968).

1988Finch v. Matthews, 74 Wn.2d 161, 172 , 443 P.2d 833 (1968).

21974–1988
Coy v. Raabe green
wash · 1969
2 sentences

1977Coy v. Raabe, 77 Wn.2d 322, 326 , 462 P.2d 214 (1969).

1977Coy v. Raabe, 77 Wn.2d 322, 326 , 462 P.2d 214 (1969).

21977–1977
Carruthers v. Whitney green
wash · 1909
2 sentences

1953Carruthers v. Whitney, 56 Wash. 327 , 105 Pac. 831 ; Maxwell v. Dimond, 83 Wash. 30 , 145 Pac. 77 ; Reynolds v. Travelers Ins.

1953Carruthers v. Whitney, 56 Wash. 327 , 105 Pac. 831 ; Maxwell v. Dimond, 83 Wash. 30 , 145 Pac. 77 ; Reynolds v. Travelers Ins.

21942–1953
Maxwell v. Dimond neutral
wash · 1914
2 sentences

1953Carruthers v. Whitney, 56 Wash. 327 , 105 Pac. 831 ; Maxwell v. Dimond, 83 Wash. 30 , 145 Pac. 77 ; Reynolds v. Travelers Ins.

1953Carruthers v. Whitney, 56 Wash. 327 , 105 Pac. 831 ; Maxwell v. Dimond, 83 Wash. 30 , 145 Pac. 77 ; Reynolds v. Travelers Ins.

21942–1953
Marriage Of: Donna L. Tupper (nka Hagar) v. Michael L. Tupper green
washctapp · 2020
2 sentences

2024The doctrine of equitable estoppel applies when “one party has made a statement, admission, or act that has been justifiably relied on to the detriment of another party.” In re Marriage of Tupper, 15 Wn.

2024App. 2d 796, 812 , 478 P.3d 1132 (2020).

12024–2024
Guijosa v. Wal-Mart Stores, Inc. green
wash · 2001
12024–2024
Guijosa v. Wal-Mart Stores, Inc. green
wash · 2001
12024–2024
ROGERS POTATO SERVICE v. Countrywide Potato green
wash · 2004
1 sentence

2024“Even if there are several reasonable interpretations of the evidence, it is substantial if it reasonably supports the finding.” Rogers Potato Serv., LLC v. Countrywide Potato, LLC, 152 Wn.2d 387, 391 , 97 P.3d 745 (2004).

12024–2024
Rogers Potato Service, L.L.C. v. Countrywide Potato, L.L.C. green
wash · 2004
1 sentence

2024“Even if there are several reasonable interpretations of the evidence, it is substantial if it reasonably supports the finding.” Rogers Potato Serv., LLC v. Countrywide Potato, LLC, 152 Wn.2d 387, 391 , 97 P.3d 745 (2004).

12024–2024
Pioneer National Title Insurance v. State green
washctapp · 1985
12023–2023
Silverstreak, Inc. v. STATE DEPT. OF LABOR green
wash · 2007
12020–2020
Greaves v. Medical Imaging System, Inc. green
wash · 1994
12018–2018
Surabhan Ratanasen v. State of California, Department of Health Services green
ca9 · 1993
12017–2017
Townsend v. Quadrant Corp. green
wash · 2012
12017–2017
Townsend v. Quadrant Corp. green
wash · 2012
12017–2017
Schroeder v. Excelsior Management Group, LLC green
wash · 2013
12014–2014
Motley-Motley, Inc. v. State green
washctapp · 2005
12011–2011
State v. Schultz neutral
wash · 2002
12009–2009
State v. Schultz green
wash · 2002
12009–2009
In re the Personal Restraint of Roach green
wash · 2003
12005–2005
In Re Roach green
wash · 2003
12005–2005
Hay v. First Interstate Bank of Kalispell green
ca1 · 1992
12000–2000
Landreville v. SHORELINE COMMUNITY COLLEGE DISTRICT NO. 7 green
washctapp · 1988
11998–1998
Bowman v. Webster green
wash · 1954
11978–1978
Eastlake Community Council v. Roanoke Associates, Inc. green
wash · 1973
11977–1977
Shafer v. State green
wash · 1974
11976–1976
Kupka v. Reid green
wash · 1957
11976–1976

Statutes the citing opinions construe

WA § Wash. Rev. Code § 34.05.570 (7) WA § Wash. Rev. Code § 21.20.430 (3) WA § Wash. Rev. Code § 26.19.071 (3) WA § Wash. Rev. Code § 36.70C.030 (3) WA § Wash. Rev. Code § 4.24.630 (3) WA § Wash. Rev. Code § 4.84.330 (3) WA § Wash. Rev. Code § 64.38.020 (3) WA § Wash. Rev. Code § 64.38.025 (3) WA § Wash. Rev. Code § 64.38.035 (3) WA § Wash. Rev. Code § 65.08.070 (3) WA § Wash. Rev. Code § 7.40.030 (3) WA § Wash. Rev. Code § 7.52.010 (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

CA 338 (1920–2026) NY 334 (1878–2026) IL 183 (1885–2026) TX 170 (1876–2026) PA 92 (1939–2024) FL 82 (1956–2025) NJ 80 (1926–2026) AL 67 (1884–2026) NC 66 (1926–2023) WA 65 (1910–2024) CT 61 (1860–2021) TN 55 (1902–2024) ME 54 (1938–2023) MS 53 (1896–2026) MD 51 (1917–2026) OH 50 (1901–2026) NE 42 (1896–2023) MI 41 (1901–2025) WI 41 (1882–2024) LA 37 (1926–2025) RI 34 (1990–2022) MN 32 (1896–2024) IN 30 (1893–2026) MT 29 (1910–2022) NM 29 (1944–2025) CO 27 (1911–2025) MO 27 (1900–2023) ND 26 (1959–2025) UT 23 (1994–2025) OR 22 (1894–2025) GA 21 (1975–2025) VA 21 (1897–2024) ID 20 (1909–2024) VT 20 (1895–2026) KS 20 (1892–2022) HI 19 (1942–2021) AZ 19 (1900–2023) WY 18 (1891–2025) SD 17 (1942–2026) DC 17 (1975–2012) SC 17 (1903–2025) KY 16 (1923–2023) IA 16 (1911–2024) MA 15 (1900–2024) AR 14 (1922–2024) DE 14 (1966–2025) WV 13 (1918–2022) AK 12 (1906–2022) OK 9 (1924–2024) NV 9 (1980–2018) VI 2 (2017–2025) NH 2 (1992–2018)

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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