Tag: Contracts

State Supreme Court Upholds $57 Million Verdict for In-Home Care Providers

In a 5-4 decision, the Washington State Supreme Court upheld a Thurston County jury’s award of over $57 million to live-in individual care providers (“providers”). Eight of the nine justices agreed to overturn an additional $39 million in prejudgment interest the providers also received at trial. All of the justices agreed that the recipients of … Continue Reading

Washington Supreme Court Breaks New Ground with Independent Duty Doctrine

Donatelli v. D.R. Strong Consulting Engineers, Inc. [Wash. Sup. Ct. No. 86590-6] A five justice majority in this case continued to develop the “independent duty doctrine” in Washington. That doctrine has superseded the “economic loss rule,” which previously limited recovery of economic damages to contract claims and recovery of non-economic damages to tort claims. According … Continue Reading

Washington Supreme Court Clarifies that Courts Must Resolve Disputes that go to the Validity of an Arbitration Agreement (e.g., Unconscionability) before Compelling Arbitration

In Hill v. Garda CL NW, Inc., the Washington Supreme Court reiterated that courts have the power and obligation to resolve dsputes going to the validity of arbitration agreements, unless an arbitration agreement clearly and unmistakably provides otherwise. Unconscionability is one such dispute, and the Court ruled that an arbitration agreement severely limiting the rights … Continue Reading
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