124 Wash. 2d 318 - Barr v. Day’s Empirical Analysis
1994
Citation profile
84 state decisions
How this case has been cited
Cited by 91 later decisions — most recently January 2021 · most notably Cohen v. Radio-Electronics Officers Union District 3 (1996), Nivens v. 7-11 Hoagy's Corner (1997)
84 state decisions — followed in 11 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 108 Wash. 2d 299 - McDaniels v. Carlson · 121 Wash. 2d 552 - Hanson v. City of Snohomish · 123 Wash. 2d 391 - Caritas Services, Inc. v. Department of Social & Health Services · Collins on Behalf of Collins v. Tabet · 97 Wash. 2d 598 - Ross v. Scannell
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 91 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“As to the unfairness prong [of collateral estoppel], [p]etitioners contend it is unjust to allow Barr to take diametrically opposed positions in two proceedings. First she urged the trial court to approve the settlement including attorney fees, they say, and now she seeks a judgment that the award was unreasonable, a breach of contract, and tortious. However, if she agreed to the settlement and urged its approval based on attorney misfeasance or nonfeasance, it is not unjust to permit her to rectify her error. Mrs. Barr, who has an eight-grade education, simply trusted her lawyers that the attorney fees were reasonable and appropriate. It is hardly unjust to require her lawyers to justify that trust. We conclude that the doctrine of collateral estoppel does not prevent Barr from asserting her claims.”
2 later decisions quote this exact passage“Four conditions must be met before the doctrine will be applied: (1) the issues in the two actions must be identical; (2) there must have been a final judgment in the first action; (3) the party against whom the estoppel is being pleaded must have been a party or in privity with a party to the first action; and (4) application of the doctrine cannot work an injustice on the party against whom it is pleaded.”
2 later decisions quote this exact passage“if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”
2 later decisions quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.