| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
18940-6
|
State v. Barnett
Two weeks of abuse does not constitute a prolonged pattern to justify exceptional sentence. |
Criminal Law and Procedure |
|
May 13, 2001 | |
|
19010-2-III
|
Gemini Farms LLC v. Smith-Kem of Ellensburg Inc.
There is no justification for prejudgment interest where chemical company's negligence liability is far outweighed by its counterclaim for outstanding balance. |
Contracts |
|
May 13, 2001 | |
|
18913-9
|
Dexheimer v. Cds Inc.
Court errs in allowing recovery of money damages when Residential Landlord-Tenant Act provides limited remedies, which do not include monetary damages. |
Real Property |
|
May 13, 2001 | |
|
18963-5
|
Wright v. Jeckle
Doctor who marketed diet drugs may be sued under Consumer Protection Act. |
Business Law |
|
May 13, 2001 | |
|
46486-8
|
In re A.M., A Minor
Parental rights may be terminated under Indian Child Welfare Act if evidence is clear, cogent and convincing. |
Native American Affairs |
|
May 13, 2001 | |
|
46106-1
|
Robinson v. Avis Rent a Car System
Summary judgment proper when consumers fail to carry their burden at trial to show genuine issue of material fact exists. |
Civil Procedure |
|
May 13, 2001 | |
|
45761-6
|
In re E.L.W.
Normal civil discovery rules apply in civil commitment proceedings of sexually violent predators. |
Criminal Law and Procedure |
|
May 13, 2001 | |
|
00-8942
|
Bridgers v. Texas
Order |
|
May 13, 2001 | ||
|
00-8283
|
Hayes v. Mills
Order |
|
May 13, 2001 | ||
|
18080-8
|
Marriage of Erickson
Washington doesn't have jurisdiction over California child and spousal support orders and therefore can't decide forum convenience issues. |
Family Law |
|
May 11, 2001 | |
|
00-1333
|
Svob v. Bryan (In re Bryan)
Summary judgment erroneous when court faced with genuine issue of material fact as to when complaint placed in drop box. |
Civil Procedure |
|
May 11, 2001 | |
|
S074598
|
People v. O'Hare
Review granted |
Criminal Law and Procedure |
|
May 11, 2001 | |
|
18369-6
|
Escamilla v. Tri-City Metro Drug Task Force
Administrative property forfeiture hearing is deemed commenced when claimant is notified that some stage of hearing will be conducted. |
Criminal Law and Procedure |
|
May 11, 2001 | |
|
B109409
|
People v. Valentine
Threatened 'hardship' is not form of 'duress' for crimes of forcible oral copulation and forcible penetration by foreign object. |
Criminal Law and Procedure |
|
May 11, 2001 | |
|
18106-5
|
State v. Aronhalt
When applying 'wash out' provisions of three strikes law, court must accurately know crime classification and comparability determinations of prior foreign convictions. |
Criminal Law and Procedure |
|
May 11, 2001 | |
|
18346-7
|
Merseal v. State of Washington Department of Licensing
Deferred criminal prosecution does not divest state of authority to suspend defendant's commercial driver's license. |
Administrative Agencies |
|
May 11, 2001 | |
|
18159-6
|
State of Washington v. Breazeale
Superior court has personal and subject matter jurisdiction in action to compel state patrol to seal criminal records. |
Civil Procedure |
|
May 11, 2001 | |
|
18301-7
|
Matter of Rangel
Consecutive sentencing for 10 assault convictions arising out of single event is proper despite brief respite between acts of assault. |
Criminal Law and Procedure |
|
May 11, 2001 | |
|
18331-9
|
State v. Vanderpool
Substantial compliance is not viable defense for failing to register as sex offender. |
Criminal Law and Procedure |
|
May 11, 2001 | |
|
18417-0
|
Dept. of Labor and Industries v. DeLozier
Worker who incurs both only and lumbar impairments is entitled to one rating and one disability award. |
Workers' Compensation |
|
May 11, 2001 | |
|
18250-9,18513-3 and 18514-1
|
McIndoe v. Dept. of Labor and Industries
Worker must be compensated for permanent partial disability even if claim is filed after pension is awarded for unrelated permanent total disability injury. |
Workers' Compensation |
|
May 11, 2001 | |
|
18253-3-III
|
Ermine v. City of Spokane
Attorney fees may be awarded to civil plaintiff who recovers only nominal damages. |
Attorneys |
|
May 11, 2001 | |
|
18306-8
|
Bowers v. Farmers Insurance Exchange
Mold damage to home caused by tenants' indoor marijuana growth operations constitutes vandalism which is covered under homeowner's insurance policy. |
Insurance |
|
May 11, 2001 | |
|
18139-1 and 18154-5
|
Pagnotta v. Beall Trailers of Oregon
State trooper and material damage examiner are qualified to give expert and lay opinions in products liability action. |
Torts |
|
May 11, 2001 | |
|
18163-4-III
|
Berger v. Sonneland
Unauthorized disclosure of confidential information related to health care an independent tort theory of recovery. |
Torts |
|
May 11, 2001 | |
|
99-56225
|
Sanchez v. Gordon (In re Sanchez)
Debtor's attorney doesn't violate automatic stay by collecting fees that bankruptcy court later determines are excessive. |
Bankruptcy |
|
May 11, 2001 | |
|
00-15432
|
Bunney v. Mitchell
Petition filed in federal court challenging conviction more than one year after enactment of statute of limitations is untimely. |
Criminal Law and Procedure |
|
May 11, 2001 | |
|
99-1630
|
Moldo v. Blethen (Blethen)
If no specific continuance date is set by end of meeting, meeting of creditors is deemed concluded on last scheduled day of meeting. |
Bankruptcy |
|
May 11, 2001 | |
|
00-1254
|
Spacone v. Atwood (Atwood)
Retirement account that is valid spendthrift trust and that debtors did not have excessive control of is not property of estate. |
Bankruptcy |
|
May 11, 2001 | |
|
16612-1
|
State v. Flett
Court errs in ordering 459 months mitigated exceptional sentence to individual convicted on four counts of first-degree assault with a firearm. |
Criminal Law and Procedure |
|
May 10, 2001 |
