Washington Case Commentaries

Preenforcement Vagueness Challenges in Community Custody Conditions: Insights from STATE v. BAHL

Date: Oct 10, 2008

Preenforcement Vagueness Challenges in Community Custody Conditions: Insights from STATE v. BAHL Introduction State of Washington v. Eric G. Bahl, 164 Wn. 2d 739 (2008), adjudicated by the Supreme...

Merger Doctrine Applied in State v. Kier: Clarifying Double Jeopardy in Robbery and Assault Cases

Date: Oct 10, 2008

Merger Doctrine Applied in State v. Kier: Clarifying Double Jeopardy in Robbery and Assault Cases Introduction State of Washington v. Herbert John Kier, 164 Wn.2d 798 (2008), adjudicated by the...

Washington State Recognizes Public Policy Exception to At-Will Employment for Domestic Violence Victims

Date: Oct 4, 2008

Washington State Recognizes Public Policy Exception to At-Will Employment for Domestic Violence Victims Introduction The case of Ramona Danny v. Laidlaw Transit Services, Inc. (165 Wn. 2d 200)...

Apparent Authority and Duty of Care in Public Administration: Analysis of Ranger Insurance Co. v. Pierce County

Date: Sep 19, 2008

Apparent Authority and Duty of Care in Public Administration: Analysis of Ranger Insurance Company v. Pierce County Introduction Ranger Insurance Company v. Pierce County (164 Wn.2d 545, 2008) is a...

Judicial Estoppel and Bankruptcy Trustee Substitution: Insights from MILLER v. CAMPBELL

Date: Sep 19, 2008

Judicial Estoppel and Bankruptcy Trustee Substitution: Insights from MILLER v. CAMPBELL Introduction The case of Michael Miller v. Charles Campbell, adjudicated by the Supreme Court of Washington on...

Exceptional Sentencing Under RCW 9.94A.535(2)(c) Upholds Sixth Amendment Rights

Date: Sep 19, 2008

Exceptional Sentencing Under RCW 9.94A.535(2)(c) Upholds Sixth Amendment Rights Introduction In the case of The State of Washington v. Alexander Hill Alvarado, the Supreme Court of Washington...

Smoking Bans Extended to Private Places of Employment: Upholding Washington's Smoking in Public Places Act

Date: Sep 12, 2008

Smoking Bans Extended to Private Places of Employment: Upholding Washington's Smoking in Public Places Act Introduction In the case of American Legion Post No. 149 v. The Department of Health Et Al.,...

Young v. Young et al.: Defining the Full Measure of Recovery in Unjust Enrichment Claims for Property Improvements

Date: Sep 12, 2008

Young v. Young et al.: Defining the Full Measure of Recovery in Unjust Enrichment Claims for Property Improvements Introduction In Young v. Young et al., 164 Wn.2d 477 (2008), the Supreme Court of...

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...

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