failure to plead defense (Washington) · Go Syfert
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failure to plead defense in Washington

9 Washington opinions name it 2 courts 1975–2026 3 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 (1)

CaseFollowedCited
Tillman v. National City Bank of New Yorkgreen
ca2 · 1941 · cited in 4 Washington opinions naming this issue, 1975–2021
2 sentences

2021Mahoney v. Tingley, 85 Wn.2d 95, 100-01 , 529 P.2d 1068 (1975) (adopting federal courts’ view “that the affirmative defense requirement is not absolute” because holding otherwise “would be to impose a rigid and technical formality upon pleadings which is both unnecessary and contrary to the policy underlying CR 8(c)” (citing Tillman v. Nat’l City Bank of New York, 118 F.2d 631, 635 (2d Cir. 1941))).

2014Tillman v. National City Bank, 118 F.2d 631,635 (2d Cir.l941).

44

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 (3)

CaseCitedYears
Mahoney v. Tingley green
wash · 1975
2 sentences

2021If the failure to plead a defense affirmatively “does not affect the substantial rights of the parties, the noncompliance will be considered harmless.” Mahoney v. Tingley, 85 Wn.2d 95, 100 , 529 P.2d 1068 (1975).

2021If the failure to plead a defense affirmatively “does not affect the substantial rights of the parties, the noncompliance will be considered harmless.” Mahoney v. Tingley, 85 Wn.2d 95, 100 , 529 P.2d 1068 (1975).

42000–2021
Henderson v. Tyrrell green
washctapp · 1996
2 sentences

2026Id. “[W]here a failure to plead a defense affirmatively does not affect the substantial rights of the parties, the noncompliance will be considered harmless.

2000Henderson v. Tyrell, 80 Wn.

32000–2026
Tillman v. National City Bank of New York green
scotus · 1941
1 sentence

1996Tillman v. National City Bank, 118 F.2d 631, 635 (2d Cir. 1941) [cert. denied, 314 U.S. 650 (1941)].

11996–1996

Statutes the citing opinions construe

WA § Wash. Rev. Code § 2.06.040 (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

FL 36 (1991–2025) WA 9 (1975–2026) NY 4 (1983–2011) WV 3 (2023–2025) CO 3 (2000–2025) TX 3 (1919–1988) CA 2 (1931–1978) MI 2 (1961–1977) UT 2 (2014–2019) LA 2 (1936–1985)

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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