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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
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
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
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
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
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
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
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
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
Giebel v. Sylvester
No qualified immunity for state university professor who removed handbills advertising speaker's upcoming event.
Government May 17, 2001
Jones v. Sisters of Providence in Washington Inc.
Alternate juror may not participate in jury deliberations.
Torts May 17, 2001
Washington v. Berry
Two 'stayed' California convictions are properly counted as strikes under Persistent Offender Accountability Act.
Criminal Law and Procedure May 17, 2001
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
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
Pitzer v. Union Bank
Illegitimate children may not impose constructive trust or reopen probate of deceased father.
Probate and Trusts May 17, 2001
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
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
U.S. v. White
Conditions of supervised release must be sufficient, but not greater than necessary.
Criminal Law and Procedure May 17, 2001
Transportation Insurance, Limited v. Shinmaywa Industries, Limited
Order
May 17, 2001
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
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
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
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
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
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
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
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
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
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
Paul v. County of Riverside
Order
May 17, 2001