J. Will Eidson

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J. Will Eidson focuses his practice on complex litigation, including the representation of insurers in significant coverage disputes, particularly in the areas of fidelity and surety bonds and directors and officers insurance. He also has experience in matters involving antitrust issues, contractual disputes and investment-related claims.. He was a law clerk for The Honorable C. Arlen Beam in the U.S. Court of Appeals for the Eighth Circuit (2007-2008).

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The Rules of Professional Conduct: A Basis for Civil Action or Remedy?

The Rules of Professional Conduct: A Basis For Civil Action Or Remedy? The Washington Supreme Court’s recent decision in LK Operating, LLC v. The Collection Group, LLC calls into question the extent that a violation of the Rules of Professional Conduct (“RPCs”) may be used as a basis for civil action. Ultimately, the Washington Supreme … Continue Reading

Toll This: Wash. S. Ct. Holds Tolling Exemption In Med Mal Cases Unconstitutional

Schroeder v. Wieghall When Jaryd Schroeder was nine-years old, he sought treatment from Dr. Steven Weighall and Columbia Basin Imaging.  During this treatment, he received an MRI, which Weighall reviewed and concluded was normal.  Nearly eight years later, at the age of 17, Schroeder underwent another MRI.  This MRI revealed that Schroeder suffered from an … Continue Reading

Washington Supreme Court: Municipalities Can Be Held Liable For Negligent Service Of Anti-Harassment Orders

BACKGROUND Washburn v. City of Federal Way involved the tort liability of a municipality.    Paul Chan Kim murdered his partner, Baerbel K. Roznowski, after a Federal Way police officer served Kim with an anti-harassment order forbidding him to contact or remain near Roznowski.  After the murder, Roznowski’s daughters filed suit against the City of Federal Way … Continue Reading

Washington Supreme Court on Tax Refund Suits: You Can’t Exhaust the Already Exhausted

Yesterday the Washington Supreme Court recognized that taxpayers may immediately turn to courts for relief if a municipality ignores a request for a tax refund.  In CMS v. Lakewood, the Court held that the exhaustion of administrative remedies doctrine does not bar a suit for a tax refund if the taxing authority fails to respond … Continue Reading

Summary of Cases Granted Review at Washington Supreme Court’s October Conference

At its October 1, 2013 conference, the Washington Supreme granted review to four cases. We provide a summary of the issues presented in each case below. State v. Owens Supreme Court No. 88905-8 Court of Appeals No. 67867–1–I PFR & Answer Issue: Whether the Court of Appeals properly reversed a conviction for First Degree Trafficking … Continue Reading

No Prejudice Where Jury Received Charging Instructions Not Included in Original Charging Information

In the Matter of the Personal Restraint of Benjamin B. Brockie, No. 86241-9 (Sept. 26, 2013) (en banc) Benjamin Brockie was charged by information for, among other things, first degree robbery.  Brockie’s charging information indicated that “in the commission of an immediate flight therefrom, the defendant displayed what appeared to be a firearm or other … Continue Reading

Brown, et al. v. MHN Government Services, Inc., et al., No. 87953-2 (Aug. 15, 2013) (en banc)

Brown, et al. v. MHN Government Services, Inc., et al. Opinion – August 15, 2013 Validity of Arbitration Agreements This case involved an agreement, labeled “Provider Services Task Order Agreement,” between two mental health professionals and their employer. The agreement contained, among other things, a “Mandatory Arbitration” provision and was governed by California law. After several years … Continue Reading

Public Works Contract Bidders Limited To Injunctive Relief Under Washington Law

In Skyline Contractors, Inc. v. Spokane Housing Authority (pdf), the Court of Appeals reaffirmed the principle that an aggrieved bidder on a public work contract is limited to seeking  injunctive relief against the government.  The Court of Appeals then extended this principal to a bidder that is awarded the public work contract and subsequently divested of … Continue Reading

Court of Appeals Holds WLAD Does Not Permit Employment Discrimination Claims Based On Perceived Sexual Orientation

In Davis v. Fred’s Appliance (pdf), the Court of Appeals held that individuals who suffer workplace discrimination due to perceived sexual orientation are not members of a protected class therefore cannot recover on a hostile work environment claim under the Washington Law Against Discrimination (“WLAD”).  The Court also affirmed dismissal of a claim for defmation, which ruling prompted … Continue Reading

The Washington Court Of Appeals Clarifies The Scope Of The Single-Action Rule

In Deere Credit, Inc. v. Cervantes Nurseries, LLC, the Court of Appeals recognized that a parallel bankruptcy proceeding involving multiple creditors is not the same “action” for purposes of RCW 61.12.120’s bar against a plaintiff foreclosing on a mortgage “while he is prosecuting any other action for the same debt or matter which is secured … Continue Reading

Appellate Update: Excelsior Mortgage Equity Fund II, llc v. Schroeder [Wash. App. No. 30333-1-III]

Steven Schroeder formerly owned a 200-acre ranch in Stevens County. When he defaulted on the loan, Excelsior Mortgage filed an action to judicially foreclose its deed of trust and, eventually, negotiated to foreclose nonjudicially. The nonjudicial foreclosure process culminated in a trustee’s sale at which Excelsior purchased the property. Following the purchase, Schroeder did not … Continue Reading

Appellate Update: Annechino v. Worthy, et al. [Wash. No. 86220-6 (en banc)]

Michael and Theresa Annechino had a long-standing banking relationship with the Bank of Clark County. Before the events at issue, the Annechino had an approximately $1,150,000 balance at the Bank. Additionally, Mr. Annechino was an investor with the Bank. Shortly after the Federal Deposit Insurance Corporation (“FDIC”) increased its coverage for deposit accounts, the Annechinos’ … Continue Reading

Appellate Update: Ralph v. Dep’t of Natural Resources [Wash. App. Nos. 67515-0-I, 67704-7-I]

Pursuant to RCW 4.12.010(1), an action for injuries to real property “shall be commenced in the county in which the subject of the action or some part thereof, is situated.” William Ralph and William Forth instituted actions in King County Superior Court against the Department of Natural Resources and other defendants for injuries to real … Continue Reading

Appellate Update: Dex Media West, Inc. v. City of Seattle [9th Cir. No. 11-35399, 11-35787]

The City of Seattle, by ordinance adopted in 2010, requires publishers of yellow pages directories to obtain permits and pay a fee for each directory distributed in the city. It also maintains an opt-out registry through which residents can decline to receive directories. Distributors are required by the same ordinance to advertise the availability of … Continue Reading

Appellate Update: Department of Revenue v. Bi-Mor, Inc. [Wash. App. No.42050-3-II]

Bi-Mor operates various business entities that advertise their prices as including all applicable sales taxes and claims that it is absorbing the tax. For accounting purposes, Bi-Mor manually calculates the applicable sales tax based on the tender paid by the buyer and remits that amount to the Department of Revenue – commonly called “backing out” the … Continue Reading

Appellate Update: Raum v. City of Bellevue [Wash. App. No. 67213-4-I]

The City of Bellevue employed Raum as a firefighter for more than 19 years. Over the course of his career, Raum was evaluated several times for smoke inhalation at the scene of a fire. Sometime in 2008, Raum began experiencing chest pain. He experienced such pain three different times while at work. After the third … Continue Reading

Appellate Update: Landis and Landis Construction, LLC v. Nation [Wash. App. No. 67216-9-I]

Landis & Landis Construction, LLC entered into a residential lease agreement with Nation to house a construction crew. Upon moving into the leased house, crew members smelled a “strong ‘dead animal’ odor in the house” and found rodent feces, poison, and torn food wrappers in the house and on the leased premises. Concerned about a … Continue Reading

Appellate Update: Austin v. Ettl, et al. [Wash. App. No. 42256-5-II]

Austin executed a real estate purchase and sale agreement for the purchase of the Ettls’ property. On the day of closing, the Ettls provided Austin with a real property transfer disclosure statement (Form 17), which disclosed two proposed local improvement districts. The Ettls’ statement did not disclose these districts’ potential costs. Austin did not seek … Continue Reading

Appellate Update: Erdman v. Chapel Hill Presbyterian Church [Wash. No. 84998-6]

Erdman was an elder of Chapel Hill Presbyterian Church. She became Chapel Hill’s executive for stewardship and reported to the church’s senior pastor, Dr. Mark Toone. Toone taught classes at the church and led tours of sites that were religiously and historically significant. Erdman questioned whether the tours would adversely affect Chapel Hill’s tax-exempt status. … Continue Reading

Appellate Update: Automotive United Traders Org. v. State [Wash. No. 85971-0]

In 1988, voters approved Initiative 97, which enacted the Model Toxics Control Act (MTCA), RCW70.105D, and created the hazardous substances tax (HST), RCW 82.21. The HST is imposed on the first in-state possession of any toxic substance, including motor vehicle fuel, and revenue collected is used to fund hazardous substances cleanup under the MTCA. HST … Continue Reading