state common law claim (Washington) · Go Syfert
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state common law claim in Washington

7 Washington opinions name it 2 courts 1997–2020 0 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 (2)

CaseFollowedCited
Sprietsma v. Mercury Marinegreen
scotus · 2002 · cited in 2 Washington opinions naming this issue, 2015–2015
2 sentences

2015Sprietsma, 537 U.S. at 65 (“Of course, if a state common-law claim directly conflicted with a federal regulation promulgated under the [FBSA], or if it were impossible to comply with any such regulation without incurring liability under state common law, pre-emption would occur.” (emphasis added)). ¶27 Indeed, both federal and Washington courts have recognized that saving clauses like the one in section 4311 protect only those tort claims outside the scope of federal regulation.

2015Sprietsma. 537 U.S. at 65 ("Of course, if a state common-law claim directly conflicted with a federal regulation promulgated under the rFBSA], or if it were impossible to comply with any such regulation without incurring liability under state common law, pre-emption would occur." (Emphasis added)).

22
Vernon v. City of Los Angelesgreen
ca9 · 1994 · cited in 2 Washington opinions naming this issue, 1997–1997
2 sentences

1997See Vernon, 27 F.3d at 1402 .

1997See Vernon, 27 F.3d at 1402 .

22

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
Ridgway v. Ridgway green
scotus · 1981
2 sentences

2020Third, Andrew cites Ridgway v. Ridgway, 454 U.S. 46, 54 , 102 S. Ct. 49 , 70 L.

2020Third, Andrew cites Ridgway v. Ridgway, 454 U.S. 46, 54 , 102 S. Ct. 49 , 70 L.

12020–2020
Fair Assessment in Real Estate Assn., Inc. v. McNary green
scotus · 1981
1 sentence

2017However, as with the comity principle, the ESA restrains interference 18In Fair Assessment, the district court concluded that the remedy was adequate and the plaintiffs did not appeal that finding. 454 U.S. at 116 .

12017–2017
Cotten v. Wilson green
wash · 1947
1 sentence

2014We held that injured persons would otherwise have benefited from the state common-law rule, under which “the carrier is held to the highest degree of care for the safety of its passengers, and the plaintiff is required to prove only slight negligence.” Id. at 317 .

12014–2014

Statutes the citing opinions construe

USC § 42u.s.c.1983 (3) USC § 42u.s.c.1988 (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

TX 10 (1993–2022) PA 8 (1994–2017) NJ 8 (1986–2020) WA 7 (1997–2020) IL 6 (1999–2025) OH 5 (1988–2020) CA 4 (1997–2008) MD 4 (1998–2010) NY 4 (1979–2008) IA 4 (1946–2021) MN 4 (1991–2015) OK 4 (1992–2013) HI 3 (1996–2023) TN 3 (2010–2015) IN 3 (1989–2008) NC 3 (2012–2025) MT 3 (2009–2017) AZ 3 (2020–2022) KS 2 (1998–2014) CT 2 (1994–2001) MA 2 (1997–1998)

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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