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Name Category Published
State v. Barnett
Two weeks of abuse does not constitute a prolonged pattern to justify exceptional sentence.
Criminal Law and Procedure May 13, 2001
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
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
Wright v. Jeckle
Doctor who marketed diet drugs may be sued under Consumer Protection Act.
Business Law May 13, 2001
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
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
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
Bridgers v. Texas
Order
May 13, 2001
Hayes v. Mills
Order
May 13, 2001
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
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
People v. O'Hare
Review granted
Criminal Law and Procedure May 11, 2001
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
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
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
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
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
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
State v. Vanderpool
Substantial compliance is not viable defense for failing to register as sex offender.
Criminal Law and Procedure May 11, 2001
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
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
Ermine v. City of Spokane
Attorney fees may be awarded to civil plaintiff who recovers only nominal damages.
Attorneys May 11, 2001
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
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
Berger v. Sonneland
Unauthorized disclosure of confidential information related to health care an independent tort theory of recovery.
Torts May 11, 2001
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
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
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
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
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