Tag: summary judgment

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 That doctrine has superseded the “economic loss rule,” which previously limited recovery of economic damages to contract claims and recovery of non-economic damages to tort claims.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

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

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: 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
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