Category: Notice of Appeal Archive

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Wash. S. Ct. Defines Constitutional Limits of “Mixed-Motive” Traffic Stops

In State v. Arreola (pdf), the Washington Supreme Court confronted, once again, the tension between liberty and privacy interests and safety and security intersts.  There, it ruled that a police officer may conduct a traffic stop to investigate unlawful activity (driving under the influence) without any permissible basis for doing so as long as there is … Continue Reading

Wash. Ct. of Appeals: Firearms Exclusion Precludes Coverage for Pre-Shooting Negligence

Authored by Melissa White of Cozen O’Connor In Capitol Specialty Insurance v. JBC Entertainment Holdings, Inc., et al. (pdf), the Washington Court of Appeals held that a firearms exclusion in a commercial general liability policy bars coverage for all claims arising out of a shooting, including pre-shooting negligence.  The Court confirmed that the exclusion is not … Continue Reading

Wash. S. Ct.: To Deny a Claim for Failure to Submit to an Examination Under Oath, Insurers Must Show Prejudice

In Staples v. Allstate Insurance Co. (pdf), the Washington Supreme Court squarely held (disapproving prior precedent to the extent contrary) that an insurer does not have an unfettered right to request that a policyholder submit to an Examination Under Oath (“EUO”).  Instead, the EUO must be material to the insurer’s investigation or handling of a … Continue Reading

Court of Appeals Affirms Ecology’s Denial Of Petition For Rulemaking On Water Quality for Columbia River

Authored by Jason T. Morgan of Stoel Rives LLP In Northwest Sportfishing Industry Association v. Washington Department of Ecology (pdf), the Washington Court of Appeals concluded that the Washington State Department of Ecology (“Ecology’) properly denied a petition for rulemaking under Washington’s Administrative Procedure Act (“APA”) regarding water quality standards for the Columbia River.  This was the … Continue Reading

Wash. Supreme Court: Authentic Contracts Attached To Pleadings May Be Considered On A CR 12(b)(6) Motion

In P.E. Systems, LLC v. CI Corp. (pdf) the Washington Supreme Court clarified two important points about the Washington Civil Rules and the common law of contracts.  First, the Court squarely held that Washington trial courts may consider a contract attached to a pleading in deciding a motion to dismiss under CR 12(b)(6) without converting the motion … 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

Wash. Ct. of Appeals: Public Records Act Responses Are Reviewed for Reasonableness

Public agency officials responsible for responding to public records requests for texts, emails, and other electronic records stored on personal smartphones and computers can breathe a sigh of relief.  In Forbes v. City of Gold Bar (pdf), the Court of Appeals affirmed the dismissal of a requester’s lawsuit filed against the City of Gold Bar under the Public Records … Continue Reading

Wash. Ct. of Appeals: Employee Wages Do Not Include Contractual Rights to Company Stock

In Arzola v. Name Intelligence, Inc. (pdf), the Washington Court of Appeals concluded that payments due to employees under a stock right cancellation agreement did not constitute “wages” as that term is used in Washington’s wage-withholding statute (RCW 49.52.070) because the payments were not for the employees’ services but rather for relinquishment of shares.  It so … Continue Reading

Wash. Ct. of Appeals Clarifies Employees’ Rights of Recovery under the Industrial Insurance Act

Authored by Karin Jones of Stoel Rives LLP and Hunter Ferguson In Orris v. Lingley (pdf), the Court of Appeals held that an injured employee who accepted industrial insurance benefits without question is deemed to have acted within the course of employment and thus may pursue only those remedies by provided the Industrial Insurance Act (“Act”).  … Continue Reading

Ninth Circuit Reiterates Critical Importance of District Court’s Gatekeeping Function under Daubert

The Ninth Circuit recently reiterated the critical importance of a district court’s gatekeeper function with regard to the admissibility of expert testimony under Daubert.  In Barabin v. AstenJohnson (pdf), the court concluded that the district court abused its discretion in admitting expert testimony regarding causation (whether Barabin’s mesothelioma was caused by occupational exposure to asbestos) … 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

Washington Court Of Appeals Affirms Broad Right Of Recovery Under Industrial Insurance Act

In Department of Labor & Industries v. Shirley, the Washington Court of Appeals concluded that an industrial worker’s death was “proximately caused” by an industrial accident where, years after the original injury, the worker simultaneously ingested alcohol and several medications that had been prescribed to treat pain resulting from the accident.  Such activity, the court ruled, was neither reckless … Continue Reading

No, We Really Mean It. Parties Have To Have Standing To Challenge An Agency Decision Under The APA.

People waiting to know whether the King County shoreline master program (“SMP”) properly applies with the Burien city limits shouldn’t hold their breath.  That is because the Court of Appeals recently held that the petitioners in Patterson v. Segale lacked standing under the APA  to challenge Burien’s decision that the King County SMP continues to … Continue Reading

Reciprocity Principle Applies to Statutory Attorney Fees Provision Says Oregon Court of Appeals

Authored by Jason Specht of Stoel Rives LLP (Portland). The Oregon Court of Appeals re-affirmed its commitment to applying Oregon’s attorney fee provision, ORS 20.083, as establishing a broad reciprocity principle: in contract disputes, where the contract or a statute would entitle one party to attorney fees if it prevails, then the other party is … Continue Reading

Personal Jurisdiction in Long-Distance Marriage Dissolution: Past Full-Time Residency Not Required Says Washington Court of Appeals

The Washington Court of Appeals recently shed light on the reach of Washington’s Long-Arm Statute in divorce proceedings involving a long-distance marriage. In Oytan v. David-Oytan (PDF), the court addressed whether the responding party in dissolution, who has never lived full-time in Washington, can nonetheless be said to have “liv[ed] in a marital relationship within this state” … Continue Reading

OSU Student Alliance v. Ray, No. 10-35555 (9th Cir. Oct. 23, 2012)

Via my colleague Jennie Bricker. A registered student organization of Oregon State University published a conservative monthly newspaper, the Liberty, as an alternative to the well-established, traditional paper, the Daily Barometer. Asserting enforcement of an unwritten policy governing placement of newsbins on campus, OSU officials removed the Liberty’s distribution bins from seven campus locations—but left … Continue Reading

In re Bond Issuance of Greater Wenatchee Regional Events Center Public Facilities District, No. 86552-3, (Wash. Oct. 25, 2012)

The Greater Wenatchee Regional Events Center Public Facilities District (the “District”) is a municipal corporation formed by the city of Wenatchee and other cities and counties to finance, construct, and operate the Greater Wenatchee Regional Events Center. In 2011, the District proposed to Wenatchee that the parties enter into a Contingent Loan Agreement (“CLA”) to … Continue Reading

Bird v. Best Plumbing Group, LLC and Farmers Insurance Exchange, No. 86109-9 (Wash. Oct. 25, 2012)

Summary authored by Melissa White of Cozen O’Connor. An employee of Best Plumbing Group, LLC cut a pressurized sewage pipe, causing sewage to escape into the home of James Bird. Efforts to repair the pipe were not successful and sewage continued to escape for eight months, resulting in hillside instability and toxic mold. Mr. Bird suffered … 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