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  • Commentaries
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Washington Case Commentaries

911 Citizen Tips and the Dual Requirement of Factual Basis and Basis of Knowledge for Reasonable Suspicion

911 Citizen Tips and the Dual Requirement of Factual Basis and Basis of Knowledge for Reasonable Suspicion

Date: May 16, 2025
911 Citizen Tips and the Dual Requirement of Factual Basis and Basis of Knowledge for Reasonable Suspicion Introduction City of Wenatchee v. Stearns (No. 102680-3) is a 2025 Supreme Court of...
Extending RCW 4.16.340: Childhood Sexual Abuse Statute of Limitations Applies to Continuing Abuse into Adulthood

Extending RCW 4.16.340: Childhood Sexual Abuse Statute of Limitations Applies to Continuing Abuse into Adulthood

Date: May 9, 2025
Extending RCW 4.16.340: Childhood Sexual Abuse Statute of Limitations Applies to Continuing Abuse into Adulthood Introduction M.R. v. State of Washington was decided by the Washington Supreme Court...
ESSB 5078 Upheld: Large-Capacity Magazines Are Not “Arms” Under Article I § 24 or the Second Amendment

ESSB 5078 Upheld: Large-Capacity Magazines Are Not “Arms” Under Article I § 24 or the Second Amendment

Date: May 9, 2025
ESSB 5078 Upheld: Large-Capacity Magazines Are Not “Arms” Under Article I § 24 or the Second Amendment Introduction In State of Washington v. Gator’s Custom Guns, Inc., No. 102940-3 (May 8, 2025),...
Scope of CEMA’s Truthfulness Requirement: Prohibition on False or Misleading Subject Lines in Commercial Emails

Scope of CEMA’s Truthfulness Requirement: Prohibition on False or Misleading Subject Lines in Commercial Emails

Date: Apr 18, 2025
Scope of CEMA’s Truthfulness Requirement: Prohibition on False or Misleading Subject Lines in Commercial Emails Introduction Brown v. Old Navy, LLC (No. 102592-1, Apr. 17, 2025) is a...
Administrative Matters Fall Outside Local Initiative Power: Jewels Helping Hands v. Hansen

Administrative Matters Fall Outside Local Initiative Power: Jewels Helping Hands v. Hansen

Date: Apr 18, 2025
Administrative Matters Fall Outside Local Initiative Power: Jewels Helping Hands v. Hansen Introduction In Jewels Helping Hands et al. v. Brian Hansen et al., 2025 WL ___ (Wash. Apr. 17, 2025), the...
Clarification of Accomplice Liability: Sufficiency of Circumstantial Evidence under RCW 9A.08.020

Clarification of Accomplice Liability: Sufficiency of Circumstantial Evidence under RCW 9A.08.020

Date: Apr 18, 2025
Clarification of Accomplice Liability: Sufficiency of Circumstantial Evidence under RCW 9A.08.020 Introduction In State v. Zghair, 2025 WL ___ (Wash. 2025), the Washington Supreme Court addressed...
Statutory Clarity in Community Custody Conditions: Defining “Sexually Explicit Conduct” to Avoid Vagueness

Statutory Clarity in Community Custody Conditions: Defining “Sexually Explicit Conduct” to Avoid Vagueness

Date: Apr 11, 2025
Statutory Clarity in Community Custody Conditions: Defining “Sexually Explicit Conduct” to Avoid Vagueness Introduction In State v. J.H.-M., the Supreme Court of Washington addressed whether a...
Reaffirming Disbarment for Trust-Account Misappropriation: The Three-Stage Sanctions Framework Clarified in In re Wallstrom

Reaffirming Disbarment for Trust-Account Misappropriation: The Three-Stage Sanctions Framework Clarified in In re Wallstrom

Date: Apr 4, 2025
Reaffirming Disbarment for Trust-Account Misappropriation: The Three-Stage Sanctions Framework Clarified in In re Wallstrom Introduction This commentary examines the Washington Supreme Court’s April...
No “Direct Nexus” Required: Washington Supreme Court Upholds BA/UA Monitoring of Valid Sobriety and Drug-Use Conditions Under Article I, § 7

No “Direct Nexus” Required: Washington Supreme Court Upholds BA/UA Monitoring of Valid Sobriety and Drug-Use Conditions Under Article I, § 7

Date: Mar 28, 2025
No “Direct Nexus” Required: Washington Supreme Court Upholds BA/UA Monitoring of Valid Sobriety and Drug-Use Conditions Under Article I, § 7 Introduction In State v. Nelson, No. 102942-0 (Wash. Mar....
Strict Enforcement of Appellate Deadlines in Recall Appeals: Washington Supreme Court Affirms Inherent Power to Dismiss for Failure to Prosecute

Strict Enforcement of Appellate Deadlines in Recall Appeals: Washington Supreme Court Affirms Inherent Power to Dismiss for Failure to Prosecute

Date: Mar 28, 2025
Strict Enforcement of Appellate Deadlines in Recall Appeals: Washington Supreme Court Affirms Inherent Power to Dismiss for Failure to Prosecute Introduction In In re Recall of Ruelas, the Washington...
"Only Constituents May Recall": Washington Supreme Court Establishes Constitutional Standing Rule for Local Recalls and Affirms Fee Sanctions for Bad-Faith Petitions

"Only Constituents May Recall": Washington Supreme Court Establishes Constitutional Standing Rule for Local Recalls and Affirms Fee Sanctions for Bad-Faith Petitions

Date: Mar 28, 2025
"Only Constituents May Recall": Washington Supreme Court Establishes Constitutional Standing Rule for Local Recalls and Affirms Fee Sanctions for Bad-Faith Petitions Introduction In In re Recall of...
Beyond Procedure: RAP 2.3(b)(3) Authorizes Discretionary Review for Substantive Departures from the Accepted Course of Proceedings

Beyond Procedure: RAP 2.3(b)(3) Authorizes Discretionary Review for Substantive Departures from the Accepted Course of Proceedings

Date: Mar 28, 2025
Beyond Procedure: RAP 2.3(b)(3) Authorizes Discretionary Review for Substantive Departures from the Accepted Course of Proceedings Case: In re Dependency of C.J.J.I., C.V.I., and R.A.R., Jr. Court:...
Raab v. Nu Skin: CR 12(b)(3) Is Not the Vehicle to Enforce Out-of-State Forum-Selection Clauses in Washington; Voicelink Overruled

Raab v. Nu Skin: CR 12(b)(3) Is Not the Vehicle to Enforce Out-of-State Forum-Selection Clauses in Washington; Voicelink Overruled

Date: Mar 28, 2025
Raab v. Nu Skin: CR 12(b)(3) Is Not the Vehicle to Enforce Out-of-State Forum-Selection Clauses in Washington; Voicelink Overruled Introduction In a significant procedural ruling with statewide...
Only Actions Specifically Permitted by Nonenumerated Regulators Qualify for Washington’s CPA Safe Harbor: Hall v. Walgreens Boots Alliance

Only Actions Specifically Permitted by Nonenumerated Regulators Qualify for Washington’s CPA Safe Harbor: Hall v. Walgreens Boots Alliance

Date: Mar 21, 2025
Only Actions Specifically Permitted by Nonenumerated Regulators Qualify for Washington’s CPA Safe Harbor Hall v. Walgreens Boots Alliance, Inc., No. 102829-6 (Wash. Mar. 20, 2025) (en banc)...
Reaffirming the Reasonable Foreseeability Exception in Premises Liability: Implications for Falling Merchandise Cases

Reaffirming the Reasonable Foreseeability Exception in Premises Liability: Implications for Falling Merchandise Cases

Date: Mar 14, 2025
Reaffirming the Reasonable Foreseeability Exception in Premises Liability: Implications for Falling Merchandise Cases Introduction In the case of HWAYO JENNY GALASSI and MICHAEL GALASSI, wife and...
Redefining the Boundaries of Consent Searches: The Limited Reach of Ferrier Warnings

Redefining the Boundaries of Consent Searches: The Limited Reach of Ferrier Warnings

Date: Mar 11, 2025
Redefining the Boundaries of Consent Searches: The Limited Reach of Ferrier Warnings Introduction In State of Washington, Respondent, v. Mary Margaret Mercedes, Petitioner, the Supreme Court of...
Constitutional Endorsement of Signature Verification Coupled with Expansive Cure Provisions in Washington Elections

Constitutional Endorsement of Signature Verification Coupled with Expansive Cure Provisions in Washington Elections

Date: Mar 11, 2025
Constitutional Endorsement of Signature Verification Coupled with Expansive Cure Provisions in Washington Elections Introduction The case before the Supreme Court of Washington – Vet Voice...
New Precedent: 30-Day Eviction Notice under the CARES Act Applies Only to Nonpayment Evictions

New Precedent: 30-Day Eviction Notice under the CARES Act Applies Only to Nonpayment Evictions

Date: Feb 25, 2025
New Precedent: 30-Day Eviction Notice under the CARES Act Applies Only to Nonpayment Evictions Introduction This commentary examines the recent Supreme Court of Washington decision in THE HOUSING...
Public Employee Conduct in Public Events: Clarifying Privacy Limits and PRA Disclosure Standards

Public Employee Conduct in Public Events: Clarifying Privacy Limits and PRA Disclosure Standards

Date: Feb 19, 2025
Public Employee Conduct in Public Events: Clarifying Privacy Limits and PRA Disclosure Standards Introduction This Judgment, rendered by the Supreme Court of Washington on February 13, 2025,...
Washington Supreme Court Clarifies Scope of RCW 4.24.595(1) in Child Abuse Investigations

Washington Supreme Court Clarifies Scope of RCW 4.24.595(1) in Child Abuse Investigations

Date: Feb 11, 2025
Washington Supreme Court Clarifies Scope of RCW 4.24.595(1) in Child Abuse Investigations Introduction The case of Ian Atkerson v. State of Washington, Department of Children, Youth, and Families...
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