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Washington Case Commentaries

Washington Supreme Court Upholds 80th Percentile Rule in PIP Claims

Washington Supreme Court Upholds 80th Percentile Rule in PIP Claims

Date: Feb 16, 2024
Washington Supreme Court Upholds 80th Percentile Rule in PIP Claims Introduction In the landmark case of Stan Schiff, MD, PhD, et al. v. Liberty Mutual Fire Insurance Company and Liberty Mutual...
Washington Supreme Court Clarifies Shoreland Ownership: Right-of-Way Easements Not Considered Patented Land

Washington Supreme Court Clarifies Shoreland Ownership: Right-of-Way Easements Not Considered Patented Land

Date: Jan 26, 2024
Washington Supreme Court Clarifies Shoreland Ownership: Right-of-Way Easements Not Considered Patented Land Introduction The King County v. Abernathy et al. case, decided on January 25, 2024, by the...
Washington Supreme Court Clarifies Defendant Joinder Standards: Preventing Abuse of Discretion under CrR 4.3(b)

Washington Supreme Court Clarifies Defendant Joinder Standards: Preventing Abuse of Discretion under CrR 4.3(b)

Date: Jan 19, 2024
Washington Supreme Court Clarifies Defendant Joinder Standards: Preventing Abuse of Discretion under CrR 4.3(b) Introduction In the recent case of State of Washington v. Eduardo S. Martinez,...
Washington Supreme Court Establishes New Legal Causation Test under RCW 7.70 in MultiCare Health System Case

Washington Supreme Court Establishes New Legal Causation Test under RCW 7.70 in MultiCare Health System Case

Date: Jan 19, 2024
Washington Supreme Court Establishes New Legal Causation Test under RCW 7.70 in MultiCare Health System Case Introduction In the landmark case of M.N. and G.T. v. MultiCare Health System, Inc., the...
Deductibility of Bona Fide Initiation Fees under RCW 82.04.4282

Deductibility of Bona Fide Initiation Fees under RCW 82.04.4282

Date: Jan 12, 2024
Deductibility of Bona Fide Initiation Fees under RCW 82.04.4282 Introduction In the landmark case Royal Oaks Country Club v. State of Washington, Department of Revenue, the Supreme Court of...
Washington Supreme Court Establishes Special Relationship Duty for Universities in Student Protection

Washington Supreme Court Establishes Special Relationship Duty for Universities in Student Protection

Date: Jan 5, 2024
Washington Supreme Court Establishes Special Relationship Duty for Universities in Student Protection Introduction The landmark case of Madeleine Barlow v. State of Washington, d/b/a Washington State...
Reaffirming the Right to Counsel at Preliminary Hearings: State v. Heng

Reaffirming the Right to Counsel at Preliminary Hearings: State v. Heng

Date: Dec 8, 2023
Reaffirming the Right to Counsel at Preliminary Hearings: State of Washington v. Mitchell Heng Introduction State of Washington v. Mitchell Heng (539 P.3d 13), adjudicated by the Supreme Court of...
Reaffirmation of the Objective Intent Test for "Same Criminal Conduct" in Washington State

Reaffirmation of the Objective Intent Test for "Same Criminal Conduct" in Washington State

Date: Sep 8, 2023
Reaffirmation of the Objective Intent Test for "Same Criminal Conduct" in Washington State Introduction The case of State of Washington v. Dahndre Kavaug Westwood, 534 P.3d 1162, adjudicated by the...
Reversing Unjust Attorney Fee Awards: Insights from Dalton M, LLC v. North Cascade Trustee Services

Reversing Unjust Attorney Fee Awards: Insights from Dalton M, LLC v. North Cascade Trustee Services

Date: Sep 1, 2023
Reversing Unjust Attorney Fee Awards: Insights from Dalton M, LLC v. North Cascade Trustee Services Introduction In the landmark case of Dalton M, LLC v. North Cascade Trustee Services, Inc.; U.S....
Protecting Abuse Survivors' Privacy: Washington Supreme Court's Decision on Public Records Act Exemptions

Protecting Abuse Survivors' Privacy: Washington Supreme Court's Decision on Public Records Act Exemptions

Date: Aug 25, 2023
Protecting Abuse Survivors' Privacy: Washington Supreme Court's Decision on Public Records Act Exemptions Introduction In the landmark case of Washington Federation of State Employees, Council 28, et...
Supreme Court of Washington Establishes Limits on Community Custody Conditions in Personal Restraint of Peter Daniel Ansell

Supreme Court of Washington Establishes Limits on Community Custody Conditions in Personal Restraint of Peter Daniel Ansell

Date: Aug 11, 2023
Supreme Court of Washington Establishes Limits on Community Custody Conditions in Personal Restraint of Peter Daniel Ansell Introduction In the landmark case In the Matter of the Personal Restraint...
Washington Supreme Court Affirms Inclusive Interpretation of WVRA, Upholding Equal Voting Rights for All Voters

Washington Supreme Court Affirms Inclusive Interpretation of WVRA, Upholding Equal Voting Rights for All Voters

Date: Jun 16, 2023
Washington Supreme Court Affirms Inclusive Interpretation of WVRA, Upholding Equal Voting Rights for All Voters Introduction In the landmark case Palestine Port, Brandon Paul Morales, Jose Trinidad...
Incontestability in Life Insurance: Washington Supreme Court Establishes Void Ab Initio Exceptions

Incontestability in Life Insurance: Washington Supreme Court Establishes Void Ab Initio Exceptions

Date: May 12, 2023
Incontestability in Life Insurance: Washington Supreme Court Establishes Void Ab Initio Exceptions Introduction In the landmark case of New York Life Insurance Company v. Simon R. Mitchell, the...
Washington Supreme Court Establishes Clear Guidelines for Manifest Injustice Dispositions in Juvenile Cases

Washington Supreme Court Establishes Clear Guidelines for Manifest Injustice Dispositions in Juvenile Cases

Date: Feb 17, 2023
Washington Supreme Court Establishes Clear Guidelines for Manifest Injustice Dispositions in Juvenile Cases Introduction In the landmark case of State of Washington v. J.W.M. (524 P.3d 596, 2023),...
Washington Supreme Court Limits Judicial Discretion in Indeterminate Sentencing under Houston-Sconiers

Washington Supreme Court Limits Judicial Discretion in Indeterminate Sentencing under Houston-Sconiers

Date: Dec 2, 2022
Washington Supreme Court Limits Judicial Discretion in Indeterminate Sentencing under Houston-Sconiers Introduction The case of In the Matter of the Personal Restraint of: Derrius Forcha-Williams,...
Henderson v. Thompson: Establishing Rigorous Standards Against Racial Bias in Civil Trials

Henderson v. Thompson: Establishing Rigorous Standards Against Racial Bias in Civil Trials

Date: Oct 21, 2022
Henderson v. Thompson: Establishing Rigorous Standards Against Racial Bias in Civil Trials Introduction Henderson v. Thompson, 518 P.3d 1011 (2022), adjudicated by the Supreme Court of Washington,...
Strengthening GR 37: Washington Supreme Court Reinforces Protections Against Racial Bias in Jury Selection in State v. Tesfasilasye

Strengthening GR 37: Washington Supreme Court Reinforces Protections Against Racial Bias in Jury Selection in State v. Tesfasilasye

Date: Oct 7, 2022
Strengthening GR 37: Washington Supreme Court Reinforces Protections Against Racial Bias in Jury Selection in State v. Tesfasilasye Introduction The case of State of Washington v. Amanuel...
Affirmation of Virus Exclusion: Direct Physical Loss Requirement in Business Income Insurance

Affirmation of Virus Exclusion: Direct Physical Loss Requirement in Business Income Insurance

Date: Aug 26, 2022
Affirmation of Virus Exclusion: Direct Physical Loss Requirement in Business Income Insurance Introduction The case of Hill and Stout, PLLC v. Mutual of Enumclaw Insurance Company addresses the...
No Exception to Reasonable Efforts in Child Dependency Cases

No Exception to Reasonable Efforts in Child Dependency Cases

Date: Aug 12, 2022
No Exception to Reasonable Efforts in Child Dependency Cases Introduction In the Matter of the Dependency of L.C.S., a minor. (514 P.3d 644) adjudicated by the Supreme Court of Washington on August...
Finality of Sentences Reinforced: Supreme Court of Washington Affirms Time-Barred PRP in In re Kennedy

Finality of Sentences Reinforced: Supreme Court of Washington Affirms Time-Barred PRP in In re Kennedy

Date: Jul 29, 2022
Finality of Sentences Reinforced: Supreme Court of Washington Affirms Time-Barred PRP in In re Kennedy Introduction The Supreme Court of Washington rendered a significant decision on July 28, 2022,...
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