Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
67635-6
|
Kent Farms Inc.v. Zurich Insurance Co
Insured's pollution exclusion clause is not applicable where faulty intake valve causes diesel fuel to back-flow over individual resulting in serious injury. |
Insurance |
|
May 17, 2001 | |
67796-4
|
M.A. Mortenson Company Inc. v. Timberline Software Corp. & Softworks Data Systems
Limitation on consequential damages enclosed in shrink-wrap license accompanying software is enforceable against purchaser of licensed software. |
Contracts |
|
May 17, 2001 | |
67900-2
|
Pennington v. Pennington
Meretricious relationship does not exist where couple lived together sporadically and did not significantly pool their resources |
Family Law |
|
May 17, 2001 | |
67694-1
|
Weyerhaeuser Co. v. Commercial Union Insurance Co.
Among other things, excess insurer's duty to defend may not be triggered if primary insurer's obligation to pay still in force. |
Insurance |
|
May 17, 2001 | |
99-56625
|
Ferland v. Conrad Credit Corp.
When granting attorney fee awards, judges must calculate correctly and must clearly explain reductions in hourly rates or billable hours. |
Attorneys |
|
May 17, 2001 | |
00-3066
|
U.S. v. Espinoza
Sixth Amendment was not violated by giving 'deliberate ignorance' jury instruction or by admitting evidence of family members' drug offenses. |
Criminal Law and Procedure |
|
May 17, 2001 | |
99-15895
|
Kohler v. Inter-Tel Technologies
California courts likely will adopt affirmative defense to employer liability for workplace harassment sent forth in federal case law. |
Employment Law |
|
May 17, 2001 | |
99-16927
|
Mohave Valley Irrigation & Drainage District v. Norton
River water received by landowners in Arizona district must be counted toward district's overall entitlement to water. |
Administrative Agencies |
|
May 17, 2001 | |
98-17065
|
Local Joint Executive Board of Culinary/Bartender Trust Fund v. Las Vegas Sands, Inc.
Court errs in denying class certification to would-be class of nonunion employees, but correctly finds that back pay under Act includes tips and holiday pay. |
Labor Law |
|
May 17, 2001 | |
99-36105
|
Giebel v. Sylvester
No qualified immunity for state university professor who removed handbills advertising speaker's upcoming event. |
Government |
|
May 17, 2001 | |
67740-9
|
Jones v. Sisters of Providence in Washington Inc.
Alternate juror may not participate in jury deliberations. |
Torts |
|
May 17, 2001 | |
67470-1
|
Washington v. Berry
Two 'stayed' California convictions are properly counted as strikes under Persistent Offender Accountability Act. |
Criminal Law and Procedure |
|
May 17, 2001 | |
67785-9
|
Wenatchee Sportsmen Association v. Chelan County
Challenge to site specific rezone must be brought under Land Use Petition Act within 21 days of rezone approval. |
Real Property |
|
May 17, 2001 | |
67529-5
|
Shorewood West Condominium Assn. v. Sadri
In order for property use restriction to apply to condominium owners, the condominium association must amend its declaration to include the restriction. |
Real Property |
|
May 17, 2001 | |
67701-8
|
Pitzer v. Union Bank
Illegitimate children may not impose constructive trust or reopen probate of deceased father. |
Probate and Trusts |
|
May 17, 2001 | |
98-2043
|
Hunt-Wesson v. Franchise Tax Bd. of California
Requiring a nondomiciliary to offset its interest expenses with dividend income doesn't violate U.S. Constitution. |
Taxation |
|
May 17, 2001 | |
67602-0
|
Tyner III v. State of Washington
State cannot escape liability at point its investigation comes under court supervision when court relies on state report. |
Torts |
|
May 17, 2001 | |
00-2318
|
U.S. v. White
Conditions of supervised release must be sufficient, but not greater than necessary. |
Criminal Law and Procedure |
|
May 17, 2001 | |
S077703
|
Transportation Insurance, Limited v. Shinmaywa Industries, Limited
Order |
|
May 17, 2001 | ||
68070-1
|
Lenzi v. Redland Insurance Co.
Insurer receives proper notice of insured's lawsuit against tortfeasor when insured sends carrier copy of summons and complaint. |
Insurance |
|
May 17, 2001 | |
68095-7
|
State v. Washington
Vehicle is used in commission of felony where drugs are placed in console and gun is concealed under seat. |
Criminal Law and Procedure |
|
May 17, 2001 | |
68017-5
|
In the Matter of the Personal Restraint of Jose Echeverria
Right of allocution is satisfied when accused makes statement to court in direct testimony during sentencing. |
Criminal Law and Procedure |
|
May 17, 2001 | |
67996-7
|
State v. Ross
Warrantless search conducted at 12:10 am for sole purpose of discovering marijuana to justify issuance of warrant violates 4th Amendment. |
Criminal Law and Procedure |
|
May 17, 2001 | |
68239-9
|
State v. Kinzy
Seizure of minor is unreasonable and does not fall within purview of community caretaking exception to warrant requirement. |
Criminal Law and Procedure |
|
May 17, 2001 | |
67907-0
|
Cox v. Spangler
Under 'collateral source rule' court can exclude evidence of plaintiff's receipt of industrial insurance benefits for injuries sustained in prior accident. |
Civil Procedure |
|
May 17, 2001 | |
68225-9
|
Inniss v. Tandy Corp.
Radio Shack's compensation practice, known as the 'fluctuating workweek,' does not violate Washington Minimum Wage Act. |
Employment Law |
|
May 17, 2001 | |
68216-0
|
In re the Recall of Cathy Pearsall-Stipek
Petition to recall county auditor is factually and legally sufficient as to false swearing allegation. |
Criminal Law and Procedure |
|
May 17, 2001 | |
68098-1
|
State v. Root
Proper 'unit of prosecution' for sexual exploitation of minor is per photo session, per minor involved in each session. |
Criminal Law and Procedure |
|
May 17, 2001 | |
67994-1
|
City of Kennewick v. Day
Evidence of defendant's reputation for sobriety is admissible to show defendant's lack of intent to possess or use drugs. |
Criminal Law and Procedure |
|
May 17, 2001 | |
S090802
|
Paul v. County of Riverside
Order |
|
May 17, 2001 |