News & Analysis as of

WA Supreme Court

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Manuka Honey and Waterslides

This week, we take a look at a decision addressing what a “reasonable” consumer will know in purchasing a product (and distinguishing the Seventh Circuit in the process), and at another assessing the legality of Washington’s...more

Freeman Law

In re Moreno: Bankruptcy Exemptions and Income Tax Refunds

Freeman Law on

Case: In re Moreno, 127 AFTR 2d 2021-1946, Case No. 20-42855 (Bankr. W.D. Washington, May 11, 2021). This case focuses on bankruptcy exemptions applicable in the State of Washington to certain amounts received by the...more

Perkins Coie

New Overtime Requirements for Washington Agricultural Workers

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In response to last year’s groundbreaking decision by the Washington State Supreme Court in Martinez-Cuevas v. DeRuyter Bros. Dairy, Inc., the state legislature recently passed Engrossed Substitute Senate Bill 5172 (SB5172),...more

Perkins Coie

Washington’s New 7% Capital Gains Tax Questions Answered

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The Washington Legislature passed Senate Bill 5096 on April 25, 2021, the last day of the 2021 Washington legislative session. SB 5096 is a state capital gains tax on individual residents of the State of Washington. The state...more

Schwabe, Williamson & Wyatt PC

Aftermath of Martinez-Cuevas v. DeRuyter Brothers Dairy: ESSB 5172 and Overtime Pay for Agricultural Workers

Washington’s Supreme Court disrupted the state’s agricultural industry on November 5, 2020, when it held that the agricultural overtime exemption at RCW 49.46.130(2)(g) violated the state’s constitution as applied to dairy...more

Holland & Knight LLP

Healthcare Law Update: February 2021

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To date, there has been little consistency in how Health Insurance Portability and Accountability Act (HIPAA) requirements are enforced by the U.S. Department of Health and Human Services (HHS), or the amount of settlements...more

Rivkin Radler LLP

Insurance Update - January 2021

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Courts ended 2020 with a flurry of insurance decisions. Our January 2021 Update highlights some of these decisions, including several by state supreme courts. We begin with a new twist on pandemic-related claims. ...more

Perkins Coie

Washington Supreme Court Extends Corporate Privilege to Non-Employee Contractors

Perkins Coie on

More than thirty years ago, the Washington Supreme Court ruled defense counsel may not engage in ex parte communications with a plaintiff’s treating physician. Loudon v. Mhyre, 110 Wn.2d 675, 676 (1988). The Loudon rule, as...more

White and Williams LLP

Judicial Feat: Bicyclist is a “Pedestrian:” Coverage Owed

White and Williams LLP on

Yesterday, on December 10, 2020, the Supreme Court of Washington spoke: a bicyclist is a “pedestrian.” As a result, coverage was owed under an automobile policy. Many reading this do not handle claims under auto policies....more

Fisher Phillips

November 2020: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Schwabe, Williamson & Wyatt PC

Washington Supreme Court Extends Corporate Attorney-Client Privilege to Non-Employee Agents of Defendant Hospitals

On November 12, 2020, the Washington Supreme Court extended corporate attorney-client privilege protection to appropriate ex parte communications between defendant hospitals and their non-employee agents. The court’s decision...more

Perkins Coie

Washington Supreme Court Grants Overtime Protections to Dairy Workers Under the State Constitution

Perkins Coie on

In a 5-4 decision, a divided Washington Supreme Court ruled that dairy workers are entitled to overtime pay under Washington law if they work more than 40 hours a week, nullifying an exemption to the Washington Minimum Wage...more

Davis Wright Tremaine LLP

Washington Supreme Court Extends Corporate Privilege to Non-Employee Agents

The Washington Supreme Court decided that a corporation's attorney-client privilege may protect communications with independent contractors and other non-employee agents in a recent decision styled Hermanson v. MultiCare...more

Fisher Phillips

Washington Supreme Court Grants Dairy Workers Overtime Pay As Fundamental Right, Raising Concerns For Agricultural Employers

Fisher Phillips on

In a sweeping 5-4 opinion last week, the Washington Supreme Court held that dairy workers are entitled to overtime pay, concluding that a state statutory exemption violated the Washington State Constitution. For the previous...more

Schwabe, Williamson & Wyatt PC

Washington Supreme Court Alters State's Agricultural Exemption in the Minimum Wage Statute

On November 5, 2020, the Washington Supreme Court altered a 60-year provision of Washington’s Minimum Wage Statute when it issued its decision in Martinez-Cuevas v. DeRuyter Brothers Dairy. The court held that the...more

Davis Wright Tremaine LLP

Washington State Supreme Court Rules Dairy Workers Entitled to Overtime

Dairies in Washington must pay workers overtime wages, based on a Washington Supreme Court decision issued November 5, 2020. Under Washington state law, employers must pay at least the applicable minimum wage for all hours...more

Pillsbury - SeeSalt Blog

Washington Supreme Court Asked to Review and Overturn Lower Court Decision Invalidating B&O Surtax on Large Financial Institutions

Pillsbury - SeeSalt Blog on

The fate of Washington’s Business & Occupation (“B&O) surtax on large financial institutions remains uncertain as the state’s highest court has not yet decided whether to grant direct review or transfer the state’s appeal to...more

Carlton Fields

Washington Supreme Court Declines To Intervene in Ongoing Arbitration, Finding Judicial Authority Under FAA Limited To "Gateway"...

Carlton Fields on

Evette Burgess and Lithia Motors were arbitrating an employment dispute when, during the proceedings, Burgess filed a motion with the court seeking to terminate the arbitration and to rescind the arbitration agreement. The...more

Schwabe, Williamson & Wyatt PC

Supreme Court Upholds Spokane Instream Flow Rule Based on Protection of Fish Habitat

A unanimous Washington State Supreme Court recently upheld the Spokane River instream flow rule, WAC 173-557-050, in the face of a challenge brought by environmental and recreation groups. The challengers argued that the...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Chiafalo v. Washington

On July 6, 2020, the U.S. Supreme Court decided Chiafalo v. Washington, No. 19-465, holding that states may penalize “faithless electors" who break their pledge to vote for their party’s presidential nominee. For every...more

Carlton Fields

Washington Supreme Court Finds Hospital Waived Its Right to Arbitration When It Chose to Litigate for Nine Months

Carlton Fields on

The Supreme Court of Washington recently affirmed the denial of Evergreen Hospital Medical Center’s motion to compel arbitration on the grounds that Evergreen waived its right to compel arbitration of claims arising under a...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Finds Obesity a Protected Disability Under State Law

In recent years, a number of federal courts have drawn differing conclusions with regard to whether obesity is a protected disability under the Americans with Disabilities Act. While some courts have reached this conclusion,...more

White and Williams LLP

The Complex Insurance Coverage Reporter - 2019 Year in Review

White and Williams LLP on

Welcome to CICR’s annual review of insurance cases. Here, we spotlight five decisions from the last year that you should know about—and five pending cases to watch. As our picks for “Cases to Know” indicate, 2019 was not a...more

Perkins Coie

Washington Supreme Court Invalidates Indirect Emitter Portions of the Clean Air Rule

Perkins Coie on

In a split decision issued on January 16, the Washington State Supreme Court ruled that the Department of Ecology (Ecology) lacks authority under the state’s Clean Air Act (the act) to cap greenhouse gas emissions from...more

Davis Wright Tremaine LLP

Carbon Trading Comes to Washington State as Supreme Court Partially Restores Climate Regulation

With recent action by the Washington State Supreme Court, carbon trading is coming soon to the Evergreen State—though on a much more limited basis than Governor Jay Inslee and the State Department of Ecology had hoped....more

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Changes in Our Privacy Policy

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Contacting JD Supra

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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