45 Washington opinions name it 2 courts 1916–2019 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.
| Case | Followed | Cited |
|---|---|---|
Prier v. Refrigeration Engineering Co.green2 sentences1992An unliquidated claim is one "where the exact amount of the sum to be allowed cannot be definitely fixed from the facts proved, disputed or undisputed, but must in the last analysis depend upon the opinion or discretion of the judge or jury as to whether a larger or a smaller amount should be allowed." (Italics omitted.) Hansen v. Rothaus, 107 Wn.2d 468, 473 , 730 P.2d 662 (1986) (quoting Prier v. Refrigeration Eng'g Co., 74 Wn.2d 25, 33 , 442 P.2d 621 (1968) (quoting C. 1992An unliquidated claim is one "where the exact amount of the sum to be allowed cannot be definitely fixed from the facts proved, disputed or undisputed, but must in the last analysis depend upon the opinion or discretion of the judge or jury as to whether a larger or a smaller amount should be allowed." (Italics omitted.) Hansen v. Rothaus, 107 Wn.2d 468, 473 , 730 P.2d 662 (1986) (quoting Prier v. Refrigeration Eng'g Co., 74 Wn.2d 25, 33 , 442 P.2d 621 (1968) (quoting C. | 2 | 10 |
Ingram v. Thompsongreen2 sentences2008See Ingram, 141 Wash.App. 287 , 169 P.3d 832 ; Cusano v. Klein, 264 F.3d 936 (9th Cir.2001). ¶ 10 Washington and Ninth Circuit Court of Appeals cases have applied the doctrine where a party asserts an inconsistent position by not listing a cause of action in bankruptcy filings and later bringing a lawsuit on that cause of action. 2008See Ingram, 141 Wn. | 2 | 2 |
Cunningham v. Reliable Concrete Pumping, Inc.green2 sentences2007See Cunningham, 126 Wash.App. at 231 , 108 P.3d 147 (noting chapter 7 debtor gains advantage when bankruptcy court implicitly accepts debtor's representation in granting a "no asset" discharge of debts); accord Johnson, 107 Wash.App. at 909 , 28 P.3d 832 . 2007See Cunningham, 126 Wn. | 2 | 2 |
Weyerhaeuser Co. v. Commercial Union Insurancegreen2 sentences2004See Weyerhaeuser, 142 Wash.2d at 685-86 , 15 P.3d 115 ; Prier, 74 Wash.2d at 33 , 442 P.2d 621 . 2004See Weyerhaeuser, 142 Wn.2d at 685-86 ; Prier, 74 Wn.2d at 33 . | 2 | 2 |
Hansen v. Rothausgreen2 sentences1995An unliquidated claim is one "where the exact amount of the sum to be allowed cannot be definitely fixed from the facts proved, disputed or undisputed, but must in the last analysis depend upon the opinion or discretion of the judge or jury as to whether a larger or a smaller amount should be allowed.” Hansen v. Rothaus, 107 Wn.2d 468, 473 , 730 P.2d 662 (1986) (quoting Prier, at 33). 1995An unliquidated claim is one "where the exact amount of the sum to be allowed cannot be definitely fixed from the facts proved, disputed or undisputed, but must in the last analysis depend upon the opinion or discretion of the judge or jury as to whether a larger or a smaller amount should be allowed.” Hansen v. Rothaus, 107 Wn.2d 468, 473 , 730 P.2d 662 (1986) (quoting Prier, at 33). | 1 | 10 |
Ingram v. Thompsongreen1 sentence2008See Ingram, 141 Wash.App. 287 , 169 P.3d 832 ; Cusano v. Klein, 264 F.3d 936 (9th Cir.2001). ¶ 10 Washington and Ninth Circuit Court of Appeals cases have applied the doctrine where a party asserts an inconsistent position by not listing a cause of action in bankruptcy filings and later bringing a lawsuit on that cause of action. | 1 | 1 |
Johnson v. Si-Cor Inc.green1 sentence2007See Cunningham, 126 Wash.App. at 231 , 108 P.3d 147 (noting chapter 7 debtor gains advantage when bankruptcy court implicitly accepts debtor's representation in granting a "no asset" discharge of debts); accord Johnson, 107 Wash.App. at 909 , 28 P.3d 832 . | 1 | 1 |
Cunningham v. Reliable Concrete Pumping, Inc.green1 sentence2007See Cunningham, 126 Wash.App. at 231 , 108 P.3d 147 (noting chapter 7 debtor gains advantage when bankruptcy court implicitly accepts debtor's representation in granting a "no asset" discharge of debts); accord Johnson, 107 Wash.App. at 909 , 28 P.3d 832 . | 1 | 1 |
Johnson v. Si-Cor, Inc.green1 sentence2007See Cunningham, 126 Wash.App. at 231 , 108 P.3d 147 (noting chapter 7 debtor gains advantage when bankruptcy court implicitly accepts debtor's representation in granting a "no asset" discharge of debts); accord Johnson, 107 Wash.App. at 909 , 28 P.3d 832 . | 1 | 1 |
Weyerhaeuser Co. v. Commercial Union Ins.green1 sentence2004See Weyerhaeuser, 142 Wash.2d at 685-86 , 15 P.3d 115 ; Prier, 74 Wash.2d at 33 , 442 P.2d 621 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Washington. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Bassett v. McCarty
green
2 sentences1985Bassett v. McCarty, 3 Wn.2d 488 , 101 P.2d 575 (1940); Sundberg v. Boeing Airplane Co., 52 Wn.2d 734 , 328 P.2d 692 (1958); Boundary Dam Constructors v. Lawco Contractors, Inc., supra. However, what is perhaps less well settled is what constitutes an unliquidated claim. 1985Bassett v. McCarty, 3 Wn.2d 488 , 101 P.2d 575 (1940); Sundberg v. Boeing Airplane Co., 52 Wn.2d 734 , 328 P.2d 692 (1958); Boundary Dam Constructors v. Lawco Contractors, Inc., supra. However, what is perhaps less well settled is what constitutes an unliquidated claim. | 4 | 1958–1985 |
Sundberg v. Boeing Airplane Co.
green
2 sentences1985Bassett v. McCarty, 3 Wn.2d 488 , 101 P.2d 575 (1940); Sundberg v. Boeing Airplane Co., 52 Wn.2d 734 , 328 P.2d 692 (1958); Boundary Dam Constructors v. Lawco Contractors, Inc., supra. However, what is perhaps less well settled is what constitutes an unliquidated claim. 1985Bassett v. McCarty, 3 Wn.2d 488 , 101 P.2d 575 (1940); Sundberg v. Boeing Airplane Co., 52 Wn.2d 734 , 328 P.2d 692 (1958); Boundary Dam Constructors v. Lawco Contractors, Inc., supra. However, what is perhaps less well settled is what constitutes an unliquidated claim. | 3 | 1973–1985 |
Johnson v. Dahlquist
green
2 sentences1973Further, we see no rational distinction between an unliquidated claim for indebtedness, which our court in Johnson v. Dahlquist, 130 Wash. 29 , 225 P. 817 (1924), determined to constitute property, and an unliquidated claim of damages for personal injuries based upon negligence. 1973Further, we see no rational distinction between an unliquidated claim for indebtedness, which our court in Johnson v. Dahlquist, 130 Wash. 29 , 225 P. 817 (1924), determined to constitute property, and an unliquidated claim of damages for personal injuries based upon negligence. | 3 | 1940–1973 |
Polygon Northwest Co. v. American National Fire Insurance
green
2 sentences2012Polygon Nw., 143 Wn. 2012Polygon Nw., 143 Wash.App. at 790-91 , 189 P.3d 777 . | 2 | 2012–2012 |
Hadley v. Maxwell
green
2 sentences2007The court concluded that "an unchallenged damages award on an unliquidated claim results in a liquidated claim for purposes of a subsequent trial on liability alone." Hadley, 120 Wash. App. at 144 , 84 P.3d 286 . ¶ 55 Here, there was no question that Magana's claim was liquidated when the jury in the first trial awarded Magana over eight million dollars. 2007The court concluded that “an unchallenged damages award on an unliquidated claim results in a liquidated claim for purposes of a subsequent trial on liability alone.” Hadley, 120 Wn. | 2 | 2007–2007 |
Ikuno v. Yip
green
2 sentences2003In Ikuno v. Yip, 912 F.2d 306 (9th Cir.1990) the Ninth Circuit relied upon Woody's Lumber in holding that an unliquidated legal malpractice claim is likewise property that is subject to execution. 2003In Ikuno v. Yip, 912 F.2d 306 (9th Cir. 1990) the Ninth Circuit relied upon Woody’s Lumber in holding that an unliquidated legal malpractice claim is likewise property that is subject to execution. | 2 | 2003–2003 |
Hansen v. Covell
green
2 sentences1992Hansen v. Covell, 218 Cal. 622 , 24 P. (2d) 772 , 89 A. L. 1992Hansen v. Covell, 218 Cal. 622 , 24 P. (2d) 772 , 89 A. L. | 2 | 1954–1992 |
Swanson v. Olympic Peninsula Motor Coach Co.
green
2 sentences1973Our Supreme Court, in Swanson v. Olympic Peninsula Motor Coach Co., 190 Wash. 35 , 66 P.2d 842 (1937), rejected an opportunity to settle the issue of whether or not an unliquidated claim sounding in tort may be levied upon and sold under execution. 1973Our Supreme Court, in Swanson v. Olympic Peninsula Motor Coach Co., 190 Wash. 35 , 66 P.2d 842 (1937), rejected an opportunity to settle the issue of whether or not an unliquidated claim sounding in tort may be levied upon and sold under execution. | 2 | 1973–1973 |
Wright v. City of Tacoma
green
2 sentences1922In Wright v. Tacoma, 87 Wash. 334 , 151 Pac. 837 , after stating the general rule that interest on unliquidated demands will not be allowed prior to judgment, and certain exceptions thereto, it was said: ‘ ‘ Where, however, the demand is for something which requires evidence to establish the quantity or amount of the thing furnished, or the value of the services rendered, interest will not be allowed prior to the judgment.” The cases of Gray v. Reeves, 69 Wash. 374 , 125 Pac. 162 , and Eilers Music House v. Hopkins, 73 Wash. 281 , 131 Pac. 838 , are each upon a state of facts materially differ 1922In Wright v. Tacoma, 87 Wash. 334 , 151 Pac. 837 , after stating the general rule that interest on unliquidated demands will not be allowed prior to judgment, and certain exceptions thereto, it was said: ‘ ‘ Where, however, the demand is for something which requires evidence to establish the quantity or amount of the thing furnished, or the value of the services rendered, interest will not be allowed prior to the judgment.” The cases of Gray v. Reeves, 69 Wash. 374 , 125 Pac. 162 , and Eilers Music House v. Hopkins, 73 Wash. 281 , 131 Pac. 838 , are each upon a state of facts materially differ | 2 | 1916–1922 |
Department of Corrections v. Fluor Daniel, Inc.
green
1 sentence2016Dep 't of Corr. v. Fluor Daniel, Inc., 160 Wn.2d 786, 789 , 161 P.3d 372 (2007); Prier v. Refrigeration Eng'gCo., 74 Wn.2d 25, 32 , 442 P.2d 621 (1968). | 1 | 2016–2016 |
STATE DEPT. OF CORRECTIONS v. Fluor Daniel, Inc.
green
1 sentence2016Dep 't of Corr. v. Fluor Daniel, Inc., 160 Wn.2d 786, 789 , 161 P.3d 372 (2007); Prier v. Refrigeration Eng'gCo., 74 Wn.2d 25, 32 , 442 P.2d 621 (1968). | 1 | 2016–2016 |
Polygon Northwest Co. v. American Nat. Fire Ins. Co.
green
1 sentence2012Polygon Nw., 143 Wash.App. at 790-91 , 189 P.3d 777 . | 1 | 2012–2012 |
cluster 774852
green
1 sentence2008See Ingram, 141 Wash.App. 287 , 169 P.3d 832 ; Cusano v. Klein, 264 F.3d 936 (9th Cir.2001). ¶ 10 Washington and Ninth Circuit Court of Appeals cases have applied the doctrine where a party asserts an inconsistent position by not listing a cause of action in bankruptcy filings and later bringing a lawsuit on that cause of action. | 1 | 2008–2008 |
Magana v. Hyundai Motor America
green
1 sentence2007Magana, 123 Wash.App. at 313 , 94 P.3d 987 . | 1 | 2007–2007 |
Hadley v. Maxwell
green
1 sentence2007The court concluded that "an unchallenged damages award on an unliquidated claim results in a liquidated claim for purposes of a subsequent trial on liability alone." Hadley, 120 Wash. App. at 144 , 84 P.3d 286 . ¶ 55 Here, there was no question that Magana's claim was liquidated when the jury in the first trial awarded Magana over eight million dollars. | 1 | 2007–2007 |
Magana v. Hyundai Motor America
green
1 sentence2007Magana, 123 Wash.App. at 313 , 94 P.3d 987 . | 1 | 2007–2007 |
Mowry v. Whitney
green
2 sentences1996We will not say that in no possible case can interest be allowed [on an unliquidated claim].” Mowry v. Whitney, 81 U.S. (14 Wall.) 620, 653 , 20 L. 1996We will not say that in no possible case can interest be allowed [on an unliquidated claim].” Mowry v. Whitney, 81 U.S. (14 Wall.) 620, 653 , 20 L. | 1 | 1996–1996 |
Miller v. Robertson
green
2 sentences1996In Miller v. Robertson, 266 U.S. 243, 257-58 , 45 S.Ct. 73, 78-79 , 69 L.Ed. 265 (1924) the Supreme Court reiterated this position: Compensation is a fundamental principle of damages, whether the action is in contract or in tort. 1996In Miller v. Robertson, 266 U.S. 243, 257-58 , 45 S.Ct. 73, 78-79 , 69 L.Ed. 265 (1924) the Supreme Court reiterated this position: Compensation is a fundamental principle of damages, whether the action is in contract or in tort. | 1 | 1996–1996 |
Starczewski v. Unigard Insurance
green
2 sentences1996Starczewski, 61 Wash.App. at 271-72 , 810 P.2d 58 . 1996Starczewski, 61 Wn. | 1 | 1996–1996 |
Kiewit-Grice v. State
green
1 sentence1996Kiewit-Grice, 77 Wn. | 1 | 1996–1996 |
| City of Seattle v. Dyad Construction, Inc. green | 1 | 1993–1993 |
| WOODY'S OLYMPIA LBR., INC. v. Roney green | 1 | 1987–1987 |
| Petrovitsky v. Smith neutral | 1 | 1973–1973 |
| Boundary Dam Constructors v. Lawco Contractors, Inc. green | 1 | 1973–1973 |
| Albertson v. Department of Labor & Industries neutral | 1 | 1956–1956 |
| Dornberg v. Black Carbon Coal Co. neutral | 1 | 1939–1939 |
| Pederson v. City of Tacoma neutral | 1 | 1930–1930 |
| Curtis & Lane v. Flinn neutral | 1 | 1928–1928 |
| Michigan Insurance v. Brown green | 1 | 1928–1928 |
| Gray v. Reeves green | 1 | 1922–1922 |
| Eilers Music House v. Hopkins neutral | 1 | 1922–1922 |
| State ex rel. Getzelman v. Superior Court neutral | 1 | 1921–1921 |
| Cornelius v. Washington Steam Laundry neutral | 1 | 1917–1917 |
| Brace & Hergert Mill Co. v. Burbank neutral | 1 | 1917–1917 |
| Parks v. Elmore green | 1 | 1916–1916 |
| Modern Irrigation & Land Co. v. Neely neutral | 1 | 1916–1916 |
| Angeles Brewing & Malting Co. v. Carter neutral | 1 | 1916–1916 |
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.
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.