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WA Supreme Court

Schwabe, Williamson & Wyatt PC

Washington Supreme Court Elevates Municipal Power in Stormwater and Fish Passage ‎Condemnations

On September 12, the Washington Supreme Court affirmed a Court of Appeals decision that declared the City of Sammamish––and all other municipalities enumerated under Revised Code of Washington 8.12.030––does not lose its...more

Stoel Rives LLP

Washington Supreme Court Expands Scope of 'Unfair Practices' Under Consumer Protection Act to Include Allegations of Price Gouging

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In a decision that extends the reach of what constitutes an “unfair practice” under Washington’s Consumer Protection Act (CPA), the Washington Supreme Court recently confirmed that claims of “price gouging” may be actionable...more

Seyfarth Shaw LLP

Much Needed Clarity May Finally Be Coming on Who Qualifies as a Job Applicant Under the Washington Equal Pay and Opportunities Act

Seyfarth Shaw LLP on

On August 20, 2024, Western District of Washington Judge John H. Chun asked the Washington Supreme Court to answer the question of what a party must prove to be considered a “job applicant” for the purposes of a pay...more

Schwabe, Williamson & Wyatt PC

Ports Must Control Stormwater Across Their Entire Footprint

Washington State requires ports to control stormwater discharges across their entire footprint, though federal rules cover only certain port facilities. According to a recent decision by the Ninth Circuit Court of Appeals,...more

Davis Wright Tremaine LLP

Water Rights Adjudication Begins for Washington's Whatcom and Northern Skagit Counties

Water rights holders in Whatcom County and northern Skagit County will be affected by a court adjudication case filed in May 2024 by the Washington State Department of Ecology ("Ecology"). Ecology filed this general water...more

Faegre Drinker Biddle & Reath LLP

Washington Appellate Court Holds Statute of Repose Constitutional and Applicable in All Cases Applying Its Product Liability Act

Statutes of repose serve as substantive outer limits on product liability claims after a certain time period following the product’s sale or use, potentially providing a complete defense in some jurisdictions and a rebuttable...more

Perkins Coie

Expansion of Hospital Tort Liability in Washington

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The Washington State Supreme Court significantly expanded the scope of potential hospital tort liability for the allegedly negligent actions of nonemployee, independently contracted emergency room service physicians, and...more

Davis Wright Tremaine LLP

Washington Supreme Court Holds Prelien Notice Not Required for Labor Liens

The Washington Supreme Court recently held that a contractor is not required to provide a property owner with a prelien notice in order to have a valid lien for labor provided to a construction project. Washington...more

Foster Garvey PC

Washington Supreme Court Sets New Criteria for Closing Public Records Requests

Foster Garvey PC on

On April 11, 2024, the Washington Supreme Court issued a decision mandating how public records officers, agency attorneys and other government employees must close their responses to public records requests under the state...more

Stoel Rives -  Ahead of Schedule

A Case in How to Delegate and Avoid Landowner Liability for Contractor Employees

In a case of first impression in Washington, the Washington State Supreme Court held that a landowner may satisfy its duty to guard an invitee “against known or obvious dangers on the premises by delegating the duty of...more

Snell & Wilmer

A Recent Washington Supreme Court Decision Underscores the Significance of Safety Protocol Provisions in Construction Contracts

Snell & Wilmer on

Under Washington common law, property owners owe a duty of reasonable care to “invitees” (essentially, persons invited onto the land by the owner), which requires owners to inspect for dangerous conditions and to make such...more

Schwabe, Williamson & Wyatt PC

Washington Supreme Court Rules on Ownership of East Lake Sammamish Trail Shorelands

On January 25, the Washington Supreme Court decided that title to a corridor of shorelands along Lake Sammamish vested in the property owners instead of King County. The case involved interpretation of Washington’s...more

Fox Rothschild LLP

Grandparent Custody Standing Strikes Again

Fox Rothschild LLP on

Lauren Stone and Joey Worner gave birth to G.W. late in 2018. The couple separated in 2021 and it appears dad moved back with his parents, Ted and Adelina at about that time. These grandparents and mom’s mother provided...more

Stoel Rives -  Ahead of Schedule

Washington Supreme Court Weighs in on Notice Requirements for Labor Liens: Velazquez Framing LLC v. Cascadia Homes, Inc.

Washington’s construction lien statute, RCW 60.04, balances the interests of persons performing work to improve real property with the interests of property owners in avoiding the necessity of paying for the same work twice....more

Perkins Coie

Washington Evaluates the Standard for Corporate Executive Depositions

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The Washington Supreme Court recently considered whether it would adopt the "apex doctrine." This doctrine is a framework used by some courts to evaluate whether a party may take the deposition of a company's executives and...more

Lasher Holzapfel Sperry & Ebberson PLLC

Challenging Prenuptial Agreements in Washington State, at Trial and on Appeal

Most people are aware of the statistic that roughly 50% of marriages end in divorce; but did you know that only 5 – 10% of couples opt for a prenuptial agreement prior to marriage? So, what does a prenuptial agreement...more

Stoel Rives - Notice of Appeal

Washington Supreme Court Unanimously Rejects the Apex Doctrine

In Stratford v. Umpqua Bank, No. 100717-5 (Sept. 14, 2023) (slip op.), the Washington Supreme Court rejected the application of the “apex doctrine” in Washington. The apex doctrine has been adopted by some jurisdictions to...more

Pillsbury - Policyholder Pulse blog

Heads I Win, Tails You Lose: Washington Supreme Court Rejects Insurers’ Efforts to Sell Illusory Insurance Coverage

Courts don’t look kindly upon insurance company shell games. In Preferred Contractors Ins. Co. v. Baker & Son Construction, the Washington Supreme Court slapped down an insurer’s attempt to manipulate the type of general...more

Davis Wright Tremaine LLP

Washington Supreme Court Finds a One-Year Contractual Limitations Period to Be Substantively Unconscionable

A recent 5-4 decision issued by the Supreme Court of Washington, Tadych v. Noble Ridge Construction, Inc., reflects the importance of carefully crafting claim limitation language in residential development and construction...more

Troutman Pepper

Colo. Bankruptcy Ruling Clarifies Debt Collection Rules

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On April 24, the Colorado Supreme Court issued its highly anticipated decision in U.S. Bank National Association v. Silvernagel. The decision made Colorado the latest state to recognize that a borrower’s bankruptcy...more

Perkins Coie

Washington Court of Appeals Limits B&O Tax Deduction for Investment Income

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The Washington Court of Appeals has held that investment funds are subject to Washington state business and occupation (B&O) tax on their investment income. Although Washington law allows taxpayers to deduct “amounts derived...more

Troutman Pepper

Washington Becomes Latest State to Decide Bankruptcy Impact on Debt Collection Statute of Limitations

Troutman Pepper on

In April, we discussed how Colorado’s state supreme court issued its highly anticipated decision confirming a borrower’s bankruptcy discharge does not accelerate secured installment debt or trigger the final statute of...more

Holland & Knight LLP

U.S. Supreme Court Holds That Employers Can Sue Unions for Damage-Causing Unprotected Strikes

Holland & Knight LLP on

In Glacier Northwest, Inc. v. International Brotherhood of Teamsters Local 174, No. 21-1449 (sl. op.), the U.S. Supreme Court revisited Garmon preemption. The Court reviewed the Washington state Supreme Court's dismissal of a...more

Davis Wright Tremaine LLP

Who is Caring for WA Cares? Part 3: Unconstitutional Income Tax or Excise Tax?

Constitutional question follows the Washington Supreme Court's recent capital gains decision - As discussed in Parts 1 and 2 of our advisory series, Washington State's Long-Term Services and Supports Trust Program ("WA...more

Cozen O'Connor

Washington Supreme Court Holds Certain Hybrid Occurrence/Claims-Made and Reported Policies May Violate Public Policy

Cozen O'Connor on

“We cannot enforce insurance provisions that render coverage so narrow it is illusory.” The Washington Supreme Court used this reasoning to hold that a contractor’s commercial general liability policy was unenforceable where...more

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