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United International Holdings v. The Wharf (Holdings) Limited
Substantial and non-frivolous federal claims permits court to exercise supplemental jurisdiction over related state claims.
Civil Procedure May 21, 2001
King County v. Central Puget Sound Growth Management Hearings Board
County may not amend zoning laws to allow athletic fields on designated agricultural lands.
Government May 21, 2001
Kucera v. State of Washington
Court may not issue injunction limiting speed of passenger ferry without first finding that claimants had inadequate remedy at law.
Civil Procedure May 21, 2001
Griswold v. Doner-Griswold
Order
May 21, 2001
In re Greening
Petition against unlawful sentence filed more than one year after sentencing is not time barred if there is significant change in law.
Criminal Law and Procedure May 21, 2001
Broad v. Mannesmann Anlagenbau Ag
Service of process upon foreign party need not occur within 90 day statute of limitations if document is transmitted to central authority.
Civil Procedure May 21, 2001
Hallauer v. Spectrum Properties Inc.
Party showing both benefical use, falling within defintion of pubic use, and necessity are entitled to proceed with condemnation action.
Real Property May 21, 2001
State v. Twyman
Jury selection that only includes three zip codes of county is constitutional so long as resultant jury is fair and impartial.
Criminal Law and Procedure May 21, 2001
State v. Platt
Individual committed to state hospital after not guilty by reason of insanity defense has burden to prove fitness for conditional release.
Criminal Law and Procedure May 21, 2001
Schreiber v. Estate of Donald Wayne Kiser
Court properly excluded medical opinion testimony when plaintiff failed to provide narrative statement of testimony.
Torts May 21, 2001
Geneva Towers Limited Partnership v. City and County of San Francisco
When Tax Code does not specify length of limitations period, court may rely on appropriate Code of Civil Procedure provision.
Taxation May 21, 2001
Bartnicki v. Vopper
Certiorari granted
May 21, 2001
In re Contested Election of Gary L. Schoessler
Election must be annulled where mayoral candidate does not satisfy one-year residency requirement.
Government May 21, 2001
Ex Rel Peninsula Neighborhood Association v. Washington Dept. of Transportation
Dept. of Transportation's agreement with United Infrastructure Washington Inc. to construct second Tacoma Narrows bridge violates state law.
Government May 21, 2001
State of Washington v. Ferguson
Aggravated exceptional sentence may not be based on charged element of underlying offense
Criminal Law and Procedure May 21, 2001
Godrey v. Hartford Casualty Insurance Co.
Arbitration proceedings are subject to provisions of Washington's Arbitration Act, which doesn't provide for trial de novo for disgruntled party.
Insurance May 21, 2001
State v. Walsh
Plea agreement is involuntary when both prosecution and defense based plea on misunderstanding of standard sentencing range.
Criminal Law and Procedure May 21, 2001
River Park Square v. Miggins
Ordinance does not authorize city to make loan to cover operating expenses for parking garage.
Government May 21, 2001
Arizona Department of Revenue v. Canyoneers Inc.
Business needn't make assurances that transaction privilege tax refund is returned to customer who paid sales tax.
Taxation May 21, 2001
Chen v. City of Houston
Order
May 21, 2001
Lockheed Martin Corp. v. Superior Court (Carrillo)
Class certification requires sufficient community of interest among class members seeking 'medical monitoring' from defendants that allegedly contaminated city's groundwater.
Civil Procedure May 20, 2001
Waterjet Technology Inc. v. Flow International Corp.
Employment agreement requiring assignment to employer of patents created during employment term provides adequate notice and is enforceable.
Employment Law May 20, 2001
State v. Longshore
Theft occurs when accused removes naturally occurring shellfish from privately owned property.
Criminal Law and Procedure May 20, 2001
State v. Bradley
Individual may use force to resist correctional officer only when that person is in actual, imminent danger of serious injury.
Criminal Law and Procedure May 20, 2001
United States v. Hatter
Order
May 20, 2001
Washington v. Conwell
Upon rejection of guilty plea, judge must allow accused opportunity to make new plea on charges.
Criminal Law and Procedure May 20, 2001
State v. Greiff
State's failure to notify defendant of expected change in testimony and admission of hearsay testimony are not prejudicial.
Criminal Law and Procedure May 20, 2001
Wilson v. State
Federal law does not pre-empt state law allowing lien against Medicaid recipient's third-party recovery beyond portion allocated to medical expenses.
Constitutional Law May 20, 2001
Wharf Holdings Ltd. v. United Int'l Holdings Inc.
Order
May 20, 2001
Personal Restraint of Matteson
Washington Department of Corrections has statutory authority to transfer inmates to private out-of-state facility.
Criminal Law and Procedure May 20, 2001