expansion exception (Washington) · Go Syfert
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expansion exception in Washington

6 Washington opinions name it 2 courts 2010–2023 2 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 (4)

CaseFollowedCited
Iwai v. Stategreen
wash · 1996 · cited in 2 Washington opinions naming this issue, 2021–2023
2 sentences

2023Id. (citing Iwai, 129 Wn.2d at 103 (Alexander, J., concurring)). 7 For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

2021The expansion of the exception began in Iwai v. State, 129 Wn.2d 84 , 915 P.2d 1089 (1996) (plurality opinion).

12
Morgan v. City of Federal Waygreen
wash · 2009 · cited in 1 Washington opinions naming this issue, 2010–2010
1 sentence

2010See id. (“The presence of a third person during the communication waives the privilege, unless the third person is necessary for the communication, or has retained the attorney on a matter of ‘common interest.’ ” (citations omitted) (quoting Broyles, 147 Wn.

11
Morgan v. City of Federal Waygreen
wash · 2009 · cited in 1 Washington opinions naming this issue, 2010–2010
1 sentence

2010See id. ("The presence of a third person during the communication waives the privilege, unless the third person is necessary for the communication, or has retained the attorney on a matter of `common interest.'" (citations omitted)).

11
Broyles v. Thurston Countygreen
washctapp · 2008 · cited in 1 Washington opinions naming this issue, 2010–2010
1 sentence

2010See id. (“The presence of a third person during the communication waives the privilege, unless the third person is necessary for the communication, or has retained the attorney on a matter of ‘common interest.’ ” (citations omitted) (quoting Broyles, 147 Wn.

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
Iwai v. State green
wash · 1996
2 sentences

2023Id. (citing Iwai, 129 Wn.2d at 103 (Alexander, J., concurring)). 7 For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

2021The expansion of the exception began in Iwai v. State, 129 Wn.2d 84 , 915 P.2d 1089 (1996) (plurality opinion).

22021–2023
Wiltse v. Albertson's Inc. green
wash · 1991
1 sentence

2021While Wiltse’s holding that “[r]isk of water dripping from 11 Johnson (Darcy L.) v. Liquor & Cannabis Bd. (No. 98726-2) a leaky roof is not inherent in a store’s mode of operation” may at first seem to foreclose including slip-and-fall cases within the ambit of the exception, this is not the case. 116 Wn.2d at 461 .

12021–2021
Gross v. City of Lynnwood green
wash · 1978
1 sentence

2016Gross, 90 Wn.2d at 400 ; T.A.W., 188 Wn.

12016–2016
R.B. v. C.W. green
washctapp · 2015
1 sentence

2016Gross, 90 Wn.2d at 400 ; T.A.W., 188 Wn.

12016–2016
State v. Hughes green
wash · 2009
1 sentence

2014Land relied for its same "in fact and in law" analysis upon State v. Hughes, 166 Wn.2d 675 , 212 P.3d 558 (2009).

12014–2014
State v. Hughes green
wash · 2009
1 sentence

2014Land relied for its same "in fact and in law" analysis upon State v. Hughes, 166 Wn.2d 675 , 212 P.3d 558 (2009).

12014–2014

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

NJ 17 (1951–2026) CA 14 (1972–2026) IL 11 (1977–2025) NY 10 (1943–2021) TX 8 (1977–2022) WA 6 (2010–2023) PA 6 (1995–2025) FL 6 (1962–2018) TN 5 (1927–2022) MI 5 (1975–2023) AL 5 (1914–2011) SC 4 (2005–2018) NH 4 (1988–2015) NM 4 (1969–2008) CT 4 (1992–2019) DC 4 (1991–2025) MD 3 (1980–2015) LA 3 (1973–2005) MN 3 (1941–2016) IA 3 (2014–2014) MA 3 (1967–2026) OR 3 (1966–2013) KY 2 (2014–2024) VA 2 (2004–2018) IN 2 (2000–2016) MS 2 (2003–2004) KS 2 (2011–2022) WI 2 (1970–2002) CO 2 (1993–1993) RI 2 (1984–2015) MO 2 (1885–2019)

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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