Washington Case Commentaries

STATE v. ALVAREZ: Affirming Single-Act Harassment Under RCW 9A.46.020

Date: Nov 3, 1995

STATE v. ALVAREZ: Affirming Single-Act Harassment Under RCW 9A.46.020 Introduction The State of Washington v. David A. Alvarez, 128 Wn. 2d 1 (1995), is a landmark decision by the Supreme Court of...

Supreme Court of Washington Rules Against Class Actions for B&O Tax Refunds under RCW 82.32.180

Date: Nov 3, 1995

Supreme Court of Washington Rules Against Class Actions for B&O Tax Refunds under RCW 82.32.180 Introduction In the landmark case Lacey Nursing Center, Inc., et al. v. The Department of Revenue (128...

Reaffirmation of Attorney Fee Recovery for Insureds in Coverage Disputes: McGREEVY v. OREGON MUTUAL INSURANCE Company

Date: Nov 3, 1995

Reaffirmation of Attorney Fee Recovery for Insureds in Coverage Disputes: McGREEVY v. OREGON MUTUAL INSURANCE Company Introduction McGREEVY, Individually and as Personal Representative, a widow...

Clarifying 'Deliberate Intention to Injure' in Washington's Industrial Insurance Act: Birklid v. Boeing

Date: Oct 27, 1995

Clarifying 'Deliberate Intention to Injure' in Washington's Industrial Insurance Act: Birklid v. Boeing Introduction In Birklid et al. v. Boeing Company, the Supreme Court of Washington addressed a...

Strict Compliance Required for Filing Notice of Intent to Seek Death Penalty: Washington Supreme Court Rules in State v. Luvene

Date: Oct 13, 1995

Strict Compliance Required for Filing Notice of Intent to Seek Death Penalty: Washington Supreme Court Rules in State v. Luvene Introduction The State of Washington v. Sammie Lee Luvene is a landmark...

Affirmation of Death Sentence in Aggravated Murder: State v. Blake Pirtle

Date: Oct 13, 1995

Affirmation of Death Sentence in Aggravated Murder: State v. Blake Pirtle Introduction In the landmark case of State of Washington v. Blake Richard Pirtle (127 Wn. 2d 628), the Supreme Court of...

Admissibility of Assault Evidence Against Law Enforcement Officers Performing Official Duties

Date: Aug 25, 1995

Admissibility of Assault Evidence Against Law Enforcement Officers Performing Official Duties Introduction The case The State of Washington v. John Paul Mierz (127 Wn. 2d 460) adjudicated by the...

Industrial Insurance Act Does Not Bar Recovery for Discrimination-Related Injuries: Analysis of Goodman v. Boeing Co.

Date: Aug 11, 1995

Industrial Insurance Act Does Not Bar Recovery for Discrimination-Related Injuries: Analysis of Goodman v. Boeing Co. Introduction Janice L. Goodman v. The Boeing Company, et al. is a landmark case...

Affirmation of Collateral Estoppel in Retrospective Rating Programs: NIFM v. DLI

Date: Aug 1, 1995

Affirmation of Collateral Estoppel in Retrospective Rating Programs: NIFM v. DLI Introduction In the landmark case of Northwest Independent Forest Manufacturers (NIFM) v. The Department of Labor and...

Adoption of the "Substantial Factor" Standard in Washington State Anti-Discrimination Law

Date: Jul 21, 1995

Adoption of the "Substantial Factor" Standard in Washington State Anti-Discrimination Law Introduction The case of Gail L. Mackay v. Acorn Custom Cabinetry, Inc., et al. (127 Wn. 2d 302) adjudicated...

Just and Equitable Distribution of Property in Meretricious Relationships: CONNELL v. FRANCISCO

Date: Jul 21, 1995

Just and Equitable Distribution of Property in Meretricious Relationships: CONNELL v. FRANCISCO Introduction CONNELL v. FRANCISCO, 127 Wn. 2d 339 (1995), adjudicated by the Supreme Court of...

STATE v. McFARLAND and Fisher: Defining the Boundaries of Warrantless Arrest Appeals and Ineffective Assistance of Counsel

Date: Jul 21, 1995

STATE v. McFARLAND and Fisher: Defining the Boundaries of Warrantless Arrest Appeals and Ineffective Assistance of Counsel Introduction STATE v. McFARLAND and Fisher, 127 Wn.2d 322 (1995),...

Unconscionability in Heir-Hunting Agreements: Analysis of Maynard Nelson v. Mary McGoldrick

Date: Jun 23, 1995

Unconscionability in Heir-Hunting Agreements: Analysis of Maynard Nelson v. Mary McGoldrick (127 Wn. 2d 124) Introduction The case of Maynard Nelson v. Mary M. McGoldrick presents a pivotal...

Same Elements Test Affirmed for Double Jeopardy under Washington State Constitution

Date: Jun 23, 1995

Same Elements Test Affirmed for Double Jeopardy under Washington State Constitution Introduction In the landmark decision of State of Washington v. Frederick Leslie Gocken, 127 Wn. 2d 95 (1995), the...

FIFRA Preemption of Common-Law Product Liability Claims: Hue v. Farmboy Spray Co.

Date: Jun 16, 1995

FIFRA Preemption of Common-Law Product Liability Claims: Hue v. Farmboy Spray Co. Analysis Introduction Hue v. Farmboy Spray Co., 127 Wn.2d 67 (1995), adjudicated by the Supreme Court of Washington,...

Duty of Care of Real Estate Appraisers to Third Parties: Insights from Schaaf v. Highfield

Date: Jun 16, 1995

Duty of Care of Real Estate Appraisers to Third Parties: Insights from Schaaf v. Highfield Introduction The case of John Schaaf v. Blaine Highfield, et al. (127 Wn. 2d 17) adjudicated by the Supreme...

STATE v. AUMICK: Clarifying Lesser Included Offenses and Intent in Criminal Attempts

Date: May 19, 1995

STATE v. AUMICK: Clarifying Lesser Included Offenses and Intent in Criminal Attempts Introduction State of Washington v. Bruce Wayne Aumick, 126 Wn. 2d 422 (1995), adjudicated by the Supreme Court of...

Affirmation of Abuse of Discretion Standard for Exceptional Sentencing in Washington

Date: May 12, 1995

Affirmation of Abuse of Discretion Standard for Exceptional Sentencing in Washington Introduction In the landmark case of The State of Washington v. Steven W. Ritchie, Jeffrey M. Hamrick, and Jai-Mar...

Promoting Substance Over Form: Supreme Court of Washington Upholds Merit-Based Appellate Review in STATE v. OLSON

Date: Apr 28, 1995

Promoting Substance Over Form: Supreme Court of Washington Upholds Merit-Based Appellate Review in STATE v. OLSON Introduction State of Washington v. Bryan P. Olson, 126 Wn. 2d 315 (1995), is a...

Admissibility of Prior Misconduct Evidence to Prove Motive in Murder Trials: The State of Washington v. Ford Powell, Jr.

Date: Apr 14, 1995

Admissibility of Prior Misconduct Evidence to Prove Motive in Murder Trials The State of Washington v. Ford Powell, Jr. (126 Wn. 2d 244, 1995) Introduction The case of The State of Washington v. Ford...