Rita Latsinova is a partner practicing in Stoel Rives’ Litigation group. Her experience includes complex commercial litigation, constitutional law, class actions, international arbitration and general appellate practice in state and federal courts.
In PUD No.1 of Okanogan County v. Peter Goldmak, Commissioner of Public Lands, No. 88949-0, the Washington Supreme Court ended a protracted dispute about the PUD’s authority to condemn an easement over the largest tract of publicly owned land in the Methow Valley for a high voltage transmission line The land was granted to the … Continue Reading
In Worthington v. WestNET, No. 90037-0, the Washington Supreme Court considered the applicability of the Public Records Act (PRA), chapter 42.56 RCW, to a multiagency drug task force formed by several Washington municipalities and the federal Naval Criminal Investigation Service. Pursuant to Interlocal Cooperation Act (ICA), Chapter 39.34 RCW, the task force was not required … Continue Reading
In Utter v. BIAW, No. 89462-1, the Washington Supreme Court reinstated the lawsuit by two retired Justices against the Building Industry Association of Washington. The lawsuit alleged that BIAW violated the Washington’s Fair Campaign Practices Act (FCPA), by failing to register as a political committee during the 2007-2008 Gubernatorial campaign. BIAW, a non-profit, formed the … Continue Reading
In Henne v. City of Yakima, No. 89674-7, the Washington Supreme Court concluded that the city of Yakima could not bring a motion to strike a police officer’s lawsuit against the city under the state anti-SLAPP statute, RCW 4.24.510. The officer sued Yakima for negligent hiring, training and supervision of his coworkers who, he asserted, … Continue Reading
In Durland v. San Juan County (No. 82293-8 & No. 89745-0) the Washington Supreme Court rejected a neighbor’s untimely Land Use Petition Act (LUPA) challenge of San Juan County’s permit to build an oversize garage. The neighbor received no actual or constructive notice of the permit’s issuance and missed the LUPA challenge deadline. The Washington … Continue Reading
In Riverview Community Group v. Spencer & Livingstone, NO. 88575-3, the Washington Supreme Court held that an equitable servitude may arise by implication. The developer of a golf course complex and surrounding residential lots built in the 1980s sought to close down the golf complex and to plat the course into new residential lots. Some … Continue Reading
In Scanlan v. Townsend, No. 89853-7, the Washington Supreme Court held that second-hand service of process — the process server delivered a copy of the summons and complaint to the home of defendant’s father, who later handed the summons and complaint to the defendant within the statute of limitations — met the requirements of personal … Continue Reading
In Lyons v. U.S. Bank Nat. Association, No. 89132-0, the Washington Supreme Court clarified that a damage claim by a borrower against a trustee for violations of the deed of trust act (DTA), chapter 61.24 RCW, fails as a matter of law in the absence of a nonjudicial foreclosure sale of the property. However, the … Continue Reading
In LaCoursiere v. Camwest Development, Inc., No. 88298-3, the Washington Supreme Court construed the Washington wage rebate act, chapter 49.52 RCW (“WRA”). CamWest paid the plaintiff, a former manager, several bonuses during his employment. Pursuant to his employment agreement, a portion of plaintiff’s bonus was directly invested in a related LLC that was established to … Continue Reading
In Schmidt v. Coogan, the Washington Supreme Court addressed two questions of first impression, whether collectability of the underlying judgment is an element of the plaintiff’s claim for legal malpractice and whether emotional distress (ED) damages are recoverable in a malpractice action. The Court held that collectability is not an element of the plaintiff’s claim … Continue Reading
In O.S.T. v. Regence BlueShield, the Washington Supreme Court held that Regence’s exclusion of neurodevelopmental therapies (NDT) in individual policies violated the mental health parity act, RCW 48.44.341. The Court rejected Regence’s reliance on an earlier statute, RCW 48.44.450, which mandates NDT to children under seven in group plans only. The named plaintiffs were autistic … Continue Reading
In In re Estate of Hambleton, No. 89419-1 (consolidated with In re Estate of MacBride No. 89500-7), the Washington State Supreme Court upheld the “Bracken fix,” a retroactive amendment of the 2005 Estate and Transfer Tax Act, Chapter 83.100 RCW. (Prior to 2005, Washington did not have an independent estate tax and instead participated in … Continue Reading
In Failla v. FixtureOne Corp., No. 89671-2, the Washington Supreme Court adopted a broad interpretation of the Washington long-arm statute. It concluded that the founder and CEO of a non-resident corporation, which had a single employee in Washington state, was subject to personal jurisdiction. “We hold that employing a Washington resident to perform work in … Continue Reading
In Cashmere Valley Bank v. WA Dept. of Revenue, No. 8937-5, the Washington Supreme Court interpreted the state tax deduction statute, RCW 82.04.4292 (1980). The statute, prior to being amended in 2012, provided that banks and financial institutions could deduct from their income “amounts derived from interest received on investments or loans primarily secured by … Continue Reading
In Frias v. Asset Foreclosure Services, Inc., the Washington Supreme Court held that the state law does not recognize an independent cause of action for monetary damages based on alleged violations of the Deeds of Trust Act (DTA), Chapter 61.24 RCW, when no foreclosure sale has been completed. However, under some circumstances DTA violations may … Continue Reading
In Anderson v. Dussault, the Washington Supreme Court reversed the Court of Appeals, which had affirmed dismissal of a 20-year old plaintiff’s breach of trust action against the trustee and her malpractice action against the attorney responsible for the trust accounting. A special needs trust had been set up for the plaintiff after she was … Continue Reading
In Gray v. Suttell & Associates, the Washington Supreme Court answered the question certified by the District Court for the Eastern District of Washington, whether debt buyers who purchase defaulted consumer obligations can pursue, as plaintiffs, collections actions in Washington. If the debt buyer directly or indirectly solicits claims for collection, the debt buyer is … Continue Reading
In Fisher Broadcasting v. Seattle, five Supreme Court justices held that the Seattle Police Department violated the Public Records Act (PRA) when it denied a KOMO TV reporter’s request for “a list of any and all digital in-car video/audio recordings that have been tagged for retention” by officers, including “officer’s name, badge number, date, time … Continue Reading
Last week, the State Supreme Court affirmed a $12.75 million verdict (including $2,422,006 for future care and $10 million in noneconomic damages) against the City of Seattle in favor of former Seattle firefighter, Mark Jones, who was injured when he fell 15 feet down the “pole hole” in a fire station at 3 a.m. on … Continue Reading