Washington Case Commentaries

Climate Sols. v. State: Washington Clarifies “Horizontal” and “Vertical” Rational Unity Under Article II, Section 19 and Rejects an Omnibus Exception

Date: Sep 18, 2026

Climate Sols. v. State: Washington Clarifies “Horizontal” and “Vertical” Rational Unity Under Article II, Section 19 and Rejects an Omnibus Exception I. Introduction In Climate Solutions, et al. v....

State v. Peterson: CrR 7.8(b)(5) Reaches Criminal “Orders,” but Due Process Does Not Require Refund of Voluntary Drug Court Participation Fees After Blake

Date: Sep 12, 2026

State v. Peterson: CrR 7.8(b)(5) Reaches Criminal “Orders,” but Due Process Does Not Require Refund of Voluntary Drug Court Participation Fees After Blake 1. Introduction Parties: The State of...

Earl v. Campbell: Negligent Retention May Be Pleaded with Vicarious Liability; Scope of Employment Not an Element

Date: Sep 4, 2026

Earl v. Campbell: Negligent Retention May Be Pleaded with Vicarious Liability; Scope of Employment Not an Element 1. Introduction In Earl v. Campbell (Wash. Sept. 3, 2026), the Supreme Court of...

State v. Sliger: “Foreign Substances” in Breath Testing Means Substances Capable of Affecting Reliability; Expert Testimony May Be Required in Debatable Cases

Date: Aug 14, 2026

State v. Sliger: “Foreign Substances” in Breath Testing Means Substances Capable of Affecting Reliability; Expert Testimony May Be Required in Debatable Cases 1. Introduction Case: State v. Sliger,...

Relocation Presumption in Phased Parenting Plans: Residential Time Is Measured at Service of Relocation Notice

Date: Aug 7, 2026

Relocation Presumption in Phased Parenting Plans: Residential Time Is Measured at Service of Relocation Notice Case: In re Marriage of Hauk Court: Supreme Court of Washington (en banc) Date: August...

Deadly Weapon Enhancements Are Waived When a Mental Health Sentencing Alternative Is Imposed

Date: Jul 31, 2026

Deadly Weapon Enhancements Are Waived When a Mental Health Sentencing Alternative Is Imposed Case: State v. Perrin (Wash. July 30, 2026) Court: Supreme Court of Washington (En Banc) Core Holding:...

University Duty to Control Recognized Fraternities Under Restatement (Second) of Torts § 315(a) to Prevent Foreseeable Hazing and Alcohol Harm

Date: Jul 31, 2026

University Duty to Control Recognized Fraternities Under Restatement (Second) of Torts § 315(a) to Prevent Foreseeable Hazing and Alcohol Harm I. Introduction Martinez v. Wash. State Univ. (Wash....

Accounting Convenience Is Not a “Reasonable Ground” to Deny Minimum-Wage Protections to Dangerous Live-In Caregivers

Date: Jul 11, 2026

Accounting Convenience Is Not a “Reasonable Ground” to Deny Minimum-Wage Protections to Dangerous Live-In Caregivers 1. Introduction Bolina v. AssureCare Adult Home LLC (Wash. July 9, 2026) addresses...

Supplier-Focused Agricultural Fuel Exemption Under Washington’s Climate Commitment Act: Ecology May Implement Certificate-Based Exemptions But Cannot Police Fuel Surcharges Absent Statutory Authority

Date: Jul 2, 2026

Supplier-Focused Agricultural Fuel Exemption Under Washington’s Climate Commitment Act: Ecology May Implement Certificate-Based Exemptions But Cannot Police Fuel Surcharges Absent Statutory Authority...

Digital Platforms May Be Compelled to Disclose Political-Ad Targeting and Delivery Data Under Washington’s FCPA Without Violating the First Amendment (As Applied)

Date: Jun 19, 2026

Digital Platforms May Be Compelled to Disclose Political-Ad Targeting and Delivery Data Under Washington’s FCPA Without Violating the First Amendment (As Applied) Commentary on State v. Meta...

McLellan v. Brown: The Second Amendment Permits Categorical, Temporary Disarmament of Recidivist DUI Offenders Without Individualized Dangerousness Findings

Date: Jun 13, 2026

McLellan v. Brown: The Second Amendment Permits Categorical, Temporary Disarmament of Recidivist DUI Offenders Without Individualized Dangerousness Findings 1. Introduction In McLellan v. Brown...

Attorney Discipline Bias Claims: Henderson Not Extended; Disbarment for Submitting False Evidence to ODC (In re Disciplinary Proc. Against Feyissa)

Date: Jun 12, 2026

Attorney Discipline Bias Claims: Henderson Not Extended; Disbarment for Submitting False Evidence to ODC Case: In re Disciplinary Proc. Against Feyissa (Wash. June 11, 2026) Court: Supreme Court of...

Verduzco v. King County: Ambiguous WLAD “Adverse Employment Action” Instruction Is Misleading but Not Reversible Absent Proven Prejudice

Date: Jun 12, 2026

Verduzco v. King County: Ambiguous WLAD “Adverse Employment Action” Instruction Is Misleading but Not Reversible Absent Proven Prejudice 1. Introduction In Verduzco v. King County (Wash. June 11,...

State v. Hogan: GR 37 Preservation by “Simple Citation,” Corroboration Bar for Demeanor Reasons, and Rebuttable Presumption When GR 37(h) Reasons Are Used

Date: Jun 8, 2026

State v. Hogan: GR 37 Preservation by “Simple Citation,” Corroboration Bar for Demeanor Reasons, and Rebuttable Presumption When GR 37(h) Reasons Are Used 1. Introduction In State v. Hogan (Wash....

State v. Korsakas: No Structural “Complete Denial of Counsel” When Plea-Withdrawal Motion Is Raised at Sentencing but Counsel Remains Appointed; CrR 4.2(f) Motions May Be Oral Before Judgment

Date: May 22, 2026

State v. Korsakas: No Structural “Complete Denial of Counsel” When Plea-Withdrawal Motion Is Raised at Sentencing but Counsel Remains Appointed; CrR 4.2(f) Motions May Be Oral Before Judgment 1....

State v. Buck: RCW 9A.36.150 Is Not an Alternative-Means Crime—“Means” Must Track the Defendant’s Criminal Conduct

Date: May 19, 2026

State v. Buck: RCW 9A.36.150 Is Not an Alternative-Means Crime—“Means” Must Track the Defendant’s Criminal Conduct Court: Supreme Court of Washington (En Banc) Date: May 14, 2026 Case: State v. Buck,...

Preston v. SB&C, Ltd.: Charity-Care Notice Duty Extends to Collection Agencies Collecting Hospital Debt Under RCW 70.170.060(8)(a)

Date: May 5, 2026

Preston v. SB&C, Ltd.: Charity-Care Notice Duty Extends to Collection Agencies Collecting Hospital Debt Under RCW 70.170.060(8)(a) Court: Supreme Court of Washington (En Banc) Date: April 30, 2026...

HELOCs Are Nonnegotiable; DTA “Holder” Proof Requires a Negotiable-Note Holder for Nonjudicial Foreclosure (Marquez Vargas v. RRA CP Opportunity Tr. 1)

Date: May 5, 2026

HELOCs Are Nonnegotiable; DTA “Holder” Proof Requires a Negotiable-Note Holder for Nonjudicial Foreclosure Marquez Vargas v. RRA CP Opportunity Trust 1 (Wash. Apr. 30, 2026) Court: Supreme Court of...

Polinder v. Brand Insulations: Construction Statute of Repose Bars Construction-Activity Claims but Not Independent Seller/Supplier Claims

Date: May 5, 2026

Construction Statute of Repose Bars Claims “Arising From” Integral Construction Work, but Not Claims Based on Independent Product Seller/Supplier Duties 1. Introduction Case: Polinder v. Aecom Energy...

State v. Abrams: Washington Vacatur Requires Release from All Confinement and Evidence of Rehabilitation

Date: May 5, 2026

State v. Abrams: Washington Vacatur Requires Release from All Confinement and Evidence of Rehabilitation Introduction In State v. Abrams, the Washington Supreme Court interpreted RCW 9.94A.640,...