qualified common law privilege (Washington) · Go Syfert
← Washington issues

qualified common law privilege in Washington

6 Washington opinions name it 2 courts 1984–2016 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 (4)

CaseFollowedCited
Judy Garland v. Marie Torregreen
ca2 · 1958 · cited in 2 Washington opinions naming this issue, 2006–2006
2 sentences

2006In Senear v. Daily Journal-American, 97 Wn.2d 148 , 641 P.2d 1180 (1982), this court determined that reporters had a qualified common law privilege in civil litigation, but that the privilege could be defeated if the party seeking disclosure could show that the claim was meritorious, that the information being sought went “ ‘to the heart of the plaintiff’s claim,’ ” and that “a reasonable effort [had been] made to acquire the desired information by other means”; additionally, the court must find that the reporter “need[ed] to preserve confidentiality.” Id. at 155-56 (quoting Garland v. Torre,

2006In Senear v. Daily Journal-American, 97 Wash.2d 148 , 641 P.2d 1180 (1982), this court determined that reporters had a qualified common law privilege in civil litigation, but that the privilege could be defeated if the party seeking disclosure could show that the claim was meritorious, that the information being sought went "`to the heart of the plaintiff's claim,"' and that "a reasonable effort [had been] made to acquire the desired information by other means"; additionally, the court must find that the reporter "need[ed] to preserve confidentiality." Id. at 155-56 , 641 P.2d 1180 (quoting Ga

22
Senear v. Daily Journal-Americangreen
wash · 1982 · cited in 5 Washington opinions naming this issue, 1988–2016
2 sentences

2006In Senear v. Daily Journal-American, 97 Wn.2d 148 , 641 P.2d 1180 (1982), this court determined that reporters had a qualified common law privilege in civil litigation, but that the privilege could be defeated if the party seeking disclosure could show that the claim was meritorious, that the information being sought went “ ‘to the heart of the plaintiff’s claim,’ ” and that “a reasonable effort [had been] made to acquire the desired information by other means”; additionally, the court must find that the reporter “need[ed] to preserve confidentiality.” Id. at 155-56 (quoting Garland v. Torre,

2006In Senear v. Daily Journal-American, 97 Wn.2d 148 , 641 P.2d 1180 (1982), this court determined that reporters had a qualified common law privilege in civil litigation, but that the privilege could be defeated if the party seeking disclosure could show that the claim was meritorious, that the information being sought went “ ‘to the heart of the plaintiff’s claim,’ ” and that “a reasonable effort [had been] made to acquire the desired information by other means”; additionally, the court must find that the reporter “need[ed] to preserve confidentiality.” Id. at 155-56 (quoting Garland v. Torre,

15
State v. Rinaldogreen
wash · 1984 · cited in 4 Washington opinions naming this issue, 1989–2016
2 sentences

2016Two years later, in State v. Rinaldo, 102 Wn.2d 749, 755 , 689 P.2d 392 (1984), the Supreme Court extended the qualified common law privilege for journalists to criminal cases. ¶25 In 2007, the legislature codified this privilege in RCW 5.68.010.

2016Two years later, in State v. Rinaldo, 102 Wn.2d 749, 755 , 689 P.2d 392 (1984), the Supreme Court extended the qualified common law privilege for journalists to criminal cases. ¶25 In 2007, the legislature codified this privilege in RCW 5.68.010.

14
Snedigar v. Hoddersongreen
washctapp · 1989 · cited in 2 Washington opinions naming this issue, 2006–2006
2 sentences

2006Because the associational privilege is not absolute, a court faced with a discovery dispute must rely on a balancing test, “essentially requiring both a heightened degree of relevance to the subject matter of the suit and a showing by the party seeking discovery that it has made reasonable, unsuccessful attempts to obtain the information elsewhere.” Id. ¶16 The Court of Appeals considered alongside Wilkinson two decisions from this court that had “used an analysis similar to that described in Wilkinson to determine whether a reporter’s qualified common law privilege against compulsory disclosu

2006Because the associational privilege is not absolute, a court faced with a discovery dispute must rely on a balancing test, "essentially requiring both a heightened degree of relevance to the subject matter of the suit and a showing by the party seeking discovery that it has made reasonable, unsuccessful attempts to obtain the information elsewhere." Id. ¶ 16 The Court of Appeals considered alongside Wilkinson two decisions from this court that had "used an analysis similar to that described in Wilkinson to determine whether a reporter's qualified common law privilege against compulsory disclos

12

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 (5)

CaseCitedYears
Smith v. Missouri green
scotus · 1958
2 sentences

2006In Senear v. Daily Journal-American, 97 Wn.2d 148 , 641 P.2d 1180 (1982), this court determined that reporters had a qualified common law privilege in civil litigation, but that the privilege could be defeated if the party seeking disclosure could show that the claim was meritorious, that the information being sought went “ ‘to the heart of the plaintiff’s claim,’ ” and that “a reasonable effort [had been] made to acquire the desired information by other means”; additionally, the court must find that the reporter “need[ed] to preserve confidentiality.” Id. at 155-56 (quoting Garland v. Torre,

2006In Senear v. Daily Journal-American, 97 Wash.2d 148 , 641 P.2d 1180 (1982), this court determined that reporters had a qualified common law privilege in civil litigation, but that the privilege could be defeated if the party seeking disclosure could show that the claim was meritorious, that the information being sought went "`to the heart of the plaintiff's claim,"' and that "a reasonable effort [had been] made to acquire the desired information by other means"; additionally, the court must find that the reporter "need[ed] to preserve confidentiality." Id. at 155-56 , 641 P.2d 1180 (quoting Ga

22006–2006
Wilkinson v. Federal Bureau of Investigation green
cacd · 1986
2 sentences

2006Because the associational privilege is not absolute, a court faced with a discovery dispute must rely on a balancing test, “essentially requiring both a heightened degree of relevance to the subject matter of the suit and a showing by the party seeking discovery that it has made reasonable, unsuccessful attempts to obtain the information elsewhere.” Id. ¶16 The Court of Appeals considered alongside Wilkinson two decisions from this court that had “used an analysis similar to that described in Wilkinson to determine whether a reporter’s qualified common law privilege against compulsory disclosu

2006Because the associational privilege is not absolute, a court faced with a discovery dispute must rely on a balancing test, "essentially requiring both a heightened degree of relevance to the subject matter of the suit and a showing by the party seeking discovery that it has made reasonable, unsuccessful attempts to obtain the information elsewhere." Id. ¶ 16 The Court of Appeals considered alongside Wilkinson two decisions from this court that had "used an analysis similar to that described in Wilkinson to determine whether a reporter's qualified common law privilege against compulsory disclos

22006–2006
M. A. Owens Co. v. Gargill green
scotus · 1958
2 sentences

2006In Senear v. Daily Journal-American, 97 Wash.2d 148 , 641 P.2d 1180 (1982), this court determined that reporters had a qualified common law privilege in civil litigation, but that the privilege could be defeated if the party seeking disclosure could show that the claim was meritorious, that the information being sought went "`to the heart of the plaintiff's claim,"' and that "a reasonable effort [had been] made to acquire the desired information by other means"; additionally, the court must find that the reporter "need[ed] to preserve confidentiality." Id. at 155-56 , 641 P.2d 1180 (quoting Ga

2006In Senear v. Daily Journal-American, 97 Wash.2d 148 , 641 P.2d 1180 (1982), this court determined that reporters had a qualified common law privilege in civil litigation, but that the privilege could be defeated if the party seeking disclosure could show that the claim was meritorious, that the information being sought went "`to the heart of the plaintiff's claim,"' and that "a reasonable effort [had been] made to acquire the desired information by other means"; additionally, the court must find that the reporter "need[ed] to preserve confidentiality." Id. at 155-56 , 641 P.2d 1180 (quoting Ga

12006–2006
Loving v. Virginia green
scotus · 1967
2 sentences

1988Rev. 177 (1979). 14 See, e.g., RCW 5.60.060(2) (attorney-client); RCW 5.60.060(5) (governmental information); RCW 5.60.060(1), 26.20.071, 26.21.170 (husband-wife); RCW 5.60.060(4) (physician-patient). 15 Senear v. Daily Journal-Am., 97 Wn.2d 148, 154 , 641 P.2d 1180 (1982) (recognizing a qualified common law privilege for journalists in civil actions). 16 Nixon , at 710. 17 See, e.g., Loving v. Virginia, 388 U.S. 1, 12 , 18 L.

1988Rev. 177 (1979). 14 See, e.g., RCW 5.60.060(2) (attorney-client); RCW 5.60.060(5) (governmental information); RCW 5.60.060(1), 26.20.071, 26.21.170 (husband-wife); RCW 5.60.060(4) (physician-patient). 15 Senear v. Daily Journal-Am., 97 Wn.2d 148, 154 , 641 P.2d 1180 (1982) (recognizing a qualified common law privilege for journalists in civil actions). 16 Nixon , at 710. 17 See, e.g., Loving v. Virginia, 388 U.S. 1, 12 , 18 L.

11988–1988
State v. Rinaldo green
washctapp · 1983
2 sentences

1984Judge Ringold dissented, finding a journalist has a qualified common law privilege in a criminal case and Rinaldo had made a sufficient showing to justify in camera review. 36 Wn.

1984Judge Ringold dissented, finding a journalist has a qualified common law privilege in a criminal case and Rinaldo had made a sufficient showing to justify in camera review. 36 Wn.

11984–1984

Where else courts name it

WA 6 (1984–2016) IL 3 (1992–2000) TX 3 (1982–1995) PA 2 (1981–2003)

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