News & Analysis as of

WA Supreme Court Constitutional Challenges

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

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When It Rains, It Pours in Washington State – The Washington Supreme Court Upholds the 2021 Enacted Capital Gains Tax

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It is a rainy day in the Pacific Northwest with chances of snow showers. For those taxpayers that reside in the state of Washington or own highly appreciated capital assets located in the state, their day just got a bit...more

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Taxpayers Take a Hit in the Washington Capital Gains Tax Battle

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By motion dated November 3, 2022, the Washington State Attorney General asked the Supreme Court of the State of Washington to allow the Washington Department of Revenue to implement and collect the capital gains tax struck...more

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The Washington State Capital Gains Tax May Have More Than Nine Lives – The Saga Continues With the State Attorney General...

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As I previously reported, the Washington state capital gains tax has had a turbulent ride, commencing with a rough ride through the legislative process where it almost hit disastrous terrain on at least six (6) occasions....more

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The Washington State Supreme Court Renders a Decision Impacting Financial Institutions Doing Business in the State

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On September 30, 2021, the Washington State Supreme Court upheld the constitutionality of the additional 1.2 percent business and occupation (B&O) tax imposed by the 2019 Substitute House Bill 2167 (“SHB 2167”) on “specified...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

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