Washington Case Commentaries

Washington Supreme Court Establishes Clear Distinction Between Selective and Late Tender Rules in Insurance Contribution and Subrogation Claims

Date: Sep 5, 2008

Washington Supreme Court Establishes Clear Distinction Between Selective and Late Tender Rules in Insurance Contribution and Subrogation Claims Introduction The case of MUTUAL OF ENUMCLAW INSURANCE...

Waiver of 'Jeopardy' Element in Wrongful Discharge Under Public Policy: Fluor v. Brundridge

Date: Sep 5, 2008

Waiver of 'Jeopardy' Element in Wrongful Discharge Under Public Policy: Fluor v. Brundridge Introduction In the landmark case of Scott Brundridge et al. v. Fluor Federal Services, Inc., the Supreme...

Washington Supreme Court Declares AT&T's Class Action Waiver Unconscionable Under Consumer Protection Act

Date: Aug 29, 2008

Washington Supreme Court Declares AT&T's Class Action Waiver Unconscionable Under Consumer Protection Act Introduction In the landmark case Michael McKee, Indi v. AT&T Corporation, adjudicated by the...

Refinery Gas Use for Heat Subject to Hazardous Substance Tax: Washington Supreme Court Establishes Clear Taxable Possession Criteria

Date: Aug 15, 2008

Refinery Gas Use for Heat Subject to Hazardous Substance Tax: Washington Supreme Court Establishes Clear Taxable Possession Criteria Introduction The case of Tesoro Refining and Marketing Company v....

Admissibility of Prior Bad Acts to Evaluate Victim Credibility in Domestic Violence Cases: Analysis of STATE v. MAGERS

Date: Jul 25, 2008

Admissibility of Prior Bad Acts to Evaluate Victim Credibility in Domestic Violence Cases: Analysis of STATE v. MAGERS Introduction The State of Washington v. Kha Dann Magers. is a pivotal case...

Limitations on Opinion Testimony and Missing Witness Instructions in Criminal Trials: State v. Montgomery

Date: May 16, 2008

Limitations on Opinion Testimony and Missing Witness Instructions in Criminal Trials: State v. Montgomery Introduction State of Washington v. Virgil R. Montgomery is a pivotal case adjudicated by the...

Enhanced Standards for Terry Stops: Analysis of State v. Gatewood

Date: May 2, 2008

Enhanced Standards for Terry Stops: Analysis of State v. Gatewood Introduction State of Washington v. Gary Nathaniel Gatewood (163 Wn. 2d 534) is a pivotal case decided by the Supreme Court of...

No Harmless Error Analysis for Unsubmitted Sentencing Factors in Washington: STATE v. RECUENCO

Date: Apr 18, 2008

No Harmless Error Analysis for Unsubmitted Sentencing Factors in Washington: STATE v. RECUENCO Introduction The State of Washington v. Arturo R. Recuenco, 163 Wn.2d 428 (2008), adjudicated by the...

Termination of Parental Rights in the Welfare of M.R.H. ET AL.: Establishing Precedents under RCW 13.34.180

Date: Mar 26, 2008

Termination of Parental Rights in the Welfare of M.R.H. ET AL.: Establishing Precedents under RCW 13.34.180 Introduction The case of In the Matter of the Welfare of M.R.H. ET AL. (145 Wn. App. 10),...

Limitations on the Use of Prearrest Silence as Substantive Evidence of Guilt: STATE v. BURKE

Date: Mar 14, 2008

Limitations on the Use of Prearrest Silence as Substantive Evidence of Guilt: STATE v. BURKE Introduction In the landmark case STATE v. BURKE, the Supreme Court of Washington addressed the...

Protecting Attorney-Client Privilege and Work Product in Public Records Requests: Analysis of Cody Soter et al. v. Cowles Publishing Co.

Date: Dec 28, 2007

Protecting Attorney-Client Privilege and Work Product in Public Records Requests: Analysis of Cody Soter et al. v. Cowles Publishing Co. Introduction The case of Cody Soter et al. v. Cowles...

Merger Doctrine and Negligent Misrepresentation: Insights from Ross v. Kirner

Date: Dec 14, 2007

Merger Doctrine and Negligent Misrepresentation: Insights from Ross v. Kirner Introduction In the landmark case of FRED A. Ross ET AL. v. JOHN F. KIRNER ET AL. (162 Wn. 2d 493, 2007), the Supreme...

Clarifying the Nexus Requirement: Defining 'Armed' in First Degree Burglary

Date: Dec 14, 2007

Clarifying the Nexus Requirement: Defining 'Armed' in First Degree Burglary Introduction The case of State of Washington v. Mickey William Brown (162 Wn. 2d 422) presents pivotal questions regarding...

CR 6(a) Exclusion Not Applied to Three-Day Notice Period in Unlawful Detainer Actions

Date: Dec 7, 2007

CR 6(a) Exclusion Not Applied to Three-Day Notice Period in Unlawful Detainer Actions Introduction In Ed L. Christensen v. Richard A. Ellsworth (162 Wn.2d 365), the Supreme Court of Washington...

Washington Supreme Court: Pregnancy Discrimination Classified as Sex Discrimination under WLAD

Date: Nov 30, 2007

Washington Supreme Court: Pregnancy Discrimination Classified as Sex Discrimination under WLAD Introduction In the landmark case of Stacy L. HEGWINE v. LONGVIEW FIBRE COmpany, Inc., the Supreme Court...

Assessment of Ineffective Assistance of Counsel in Capital Sentencing: Comprehensive Commentary on STATE v. ELMORE

Date: Nov 22, 2007

Assessment of Ineffective Assistance of Counsel in Capital Sentencing: Comprehensive Commentary on STATE v. ELMORE Introduction In the landmark case of State v. Clark Richard Elmore, adjudicated by...

Classification of Underlying Offense Not an Essential Element in Bail Jumping: Insights from STATE v. WILLIAMS

Date: Nov 9, 2007

Classification of Underlying Offense Not an Essential Element in Bail Jumping: Insights from STATE v. WILLIAMS Introduction In the landmark case of The State of Washington v. Demetrius T. Williams...

STATE v. BERGSTROM: Affirming State's Burden of Proof for Prior Convictions in Sentencing

Date: Oct 26, 2007

STATE v. BERGSTROM: Affirming State's Burden of Proof for Prior Convictions in Sentencing Introduction State of Washington, Respondent vs. Gordon David Bergstrom, Petitioner is a pivotal case...

Washington v. Johnston: Clarifying Due Process in Evidence Preservation and Presumptions of Witness Competency

Date: Oct 26, 2007

Washington v. Johnston: Clarifying Due Process in Evidence Preservation and Presumptions of Witness Competency Introduction In State of Washington v. Guylin Michael Johnston (143 Wn. App. 1, 2007),...

Establishing Deceptive Practices in Telecommunications: Insights from Indoor Billboard v. Integra Telecom

Date: Oct 19, 2007

Establishing Deceptive Practices in Telecommunications: Insights from Indoor Billboard v. Integra Telecom Introduction The case of Indoor Billboard/Washington, Inc. v. Integra Telecom of Washington,...

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