Washington Case Commentaries

Admissibility of PCR DNA Evidence Under Frye Standard: Analysis of State of Washington v. George W. Russell

Date: Oct 14, 1994

Admissibility of PCR DNA Evidence Under Frye Standard: Analysis of State of Washington v. George W. Russell Introduction State of Washington v. George W. Russell is a landmark case adjudicated by the...

Berschauer/Phillips Construction Co. v. Seattle School District No. 1: Affirmation of the Economic Loss Rule in Construction Contracts

Date: Oct 7, 1994

Berschauer/Phillips Construction Co. v. Seattle School District No. 1: Affirmation of the Economic Loss Rule in Construction Contracts Introduction Berschauer/Phillips Construction Co. v. Seattle...

Supreme Court of Washington Establishes Precedent on Insurance Coverage and Settlement Validity in PUBLIC UTILITY DISTRICT No. 1 of Klickitat County v. International Insurance Company

Date: Oct 7, 1994

Supreme Court of Washington Establishes Precedent on Insurance Coverage and Settlement Validity in PUBLIC UTILITY DISTRICT No. 1 of Klickitat County v. International Insurance Company Introduction...

ERISA Preemption in Employment Litigation: CUTLER v. PHILLIPS PETROLEUM Company

Date: Sep 30, 1994

ERISA Preemption in Employment Litigation: CUTLER v. PHILLIPS PETROLEUM Company Introduction CUTLER v. PHILLIPS PETROLEUM Company, 124 Wn. 2d 749 (Supreme Court of Washington, En Banc, 1994), is a...

Sufficient Evidence of Alternative Means in Second-Degree Rape Obviates Unanimous Jury Agreement on Means

Date: Sep 30, 1994

Sufficient Evidence of Alternative Means in Second-Degree Rape Obviates Unanimous Jury Agreement on Means Introduction The State of Washington v. Alejandro Ortega-Martinez, 124 Wn.2d 702 (1994), is a...

Washington Supreme Court Establishes State Jurisdiction in Employee Retaliation and Discrimination Claims: Hume v. American Disposal

Date: Sep 23, 1994

Washington Supreme Court Establishes State Jurisdiction in Employee Retaliation and Discrimination Claims: Hume v. American Disposal Introduction In the landmark case Hume v. American Disposal...

Establishing Standards for Effective Counsel and Judicial Conduct in Ensuring a Fair Trial: STATE v. GARRETT

Date: Sep 10, 1994

Establishing Standards for Effective Counsel and Judicial Conduct in Ensuring a Fair Trial: STATE v. GARRETT Introduction The case of State of Washington v. Samuel C. Garrett (124 Wn. 2d 504)...

Due Process and Evidence Preservation in DWI Prosecutions: Analysis of State v. Wittenbarger

Date: Sep 9, 1994

Due Process and Evidence Preservation in DWI Prosecutions: Analysis of State v. Wittenbarger Introduction State v. Wittenbarger is a landmark 1994 decision by the Supreme Court of Washington that...

Clarifying Mandamus and Justiciability in Legislative Initiatives: Washington's Walker v. Munro Decision

Date: Aug 30, 1994

Clarifying Mandamus and Justiciability in Legislative Initiatives: Washington's Walker v. Munro Decision Introduction In the landmark case George Walker, et al. v. Ralph Munro, et al. (124 Wn. 2d...

Collateral Estoppel and Quantum Meruit: Supreme Court of Washington's Decision in BARR v. DAY (124 Wn. 2d 318)

Date: Aug 12, 1994

Collateral Estoppel and Quantum Meruit: Comprehensive Commentary on Supreme Court of Washington's Decision in BARR v. DAY (124 Wn. 2d 318) Introduction The case of Ella Barr, Individually and as...

Washington Supreme Court Clarifies Scope and Limitations of CR 11 Sanctions Post-Appeal in BIGGS v. VAIL

Date: Jul 8, 1994

Washington Supreme Court Clarifies Scope and Limitations of CR 11 Sanctions Post-Appeal in BIGGS v. VAIL Introduction The case of Patrick Biggs v. David B. Vail, adjudicated by the Supreme Court of...

Dow Chemical Co. v. Rice: Establishing the Primacy of Oregon's Statutes of Repose in Product Liability Claims

Date: Jul 8, 1994

Dow Chemical Co. v. Rice: Establishing the Primacy of Oregon's Statutes of Repose in Product Liability Claims Introduction The case of Howard W. Rice, et al. v. Dow Chemical Company, et al.,...

Clarifying Just Cause and Promissory Estoppel in Wrongful Termination: Havens v. CD Plastics, Inc.

Date: Jun 24, 1994

Clarifying Just Cause and Promissory Estoppel in Wrongful Termination: Havens v. CD Plastics, Inc. Introduction Havens v. CD Plastics, Inc. (124 Wn. 2d 158) is a pivotal case adjudicated by the...

Supreme Court of Washington in Tincani v. Inland Empire Zoological Society: Reaffirming Common Law Entrant Classifications in Premises Liability

Date: Jun 17, 1994

Supreme Court of Washington in Tincani v. Inland Empire Zoological Society: Reaffirming Common Law Entrant Classifications in Premises Liability Introduction The case of Joseph Tincani, et al. v....

Establishing the "Plain Feel" Exception in Washington State Search and Seizure Law

Date: Jun 10, 1994

Establishing the "Plain Feel" Exception in Washington State Search and Seizure Law Introduction The case of The State of Washington v. David C. Hudson (124 Wn. 2d 107) marked a significant...

Establishing Gang-Motivation and Community Impact as Aggravating Factors in Sentencing: Analysis of STATE v. JOHNSON

Date: May 27, 1994

Establishing Gang-Motivation and Community Impact as Aggravating Factors in Sentencing: Analysis of STATE v. JOHNSON Introduction State of Washington v. Antwon Lanell Johnson is a landmark case...

Possession of Controlled Substances: Clarification on Unwitting and Momentary Possession in STATE v. STALEY

Date: Apr 22, 1994

Possession of Controlled Substances: Clarification on Unwitting and Momentary Possession in STATE v. STALEY Introduction State of Washington v. Benny Dean Staley, 123 Wn. 2d 794 (1994), involves the...

State v. Hanna: Upholding Permissive Inferences in Vehicular Homicide Cases

Date: Apr 1, 1994

State v. Hanna: Upholding Permissive Inferences in Vehicular Homicide Cases Introduction State of Washington v. Craig Mitchell Hanna is a seminal case adjudicated by the Supreme Court of Washington...

Ambiguity in "Acquisition" Clause Interpreted Against Insurer in Lynott v. National Union Fire Insurance

Date: Apr 1, 1994

Ambiguity in "Acquisition" Clause Interpreted Against Insurer in Lynott v. National Union Fire Insurance Co. Introduction The case of FRANK B. LYNOTT, ET AL v. NATIONAL UNION FIRE INSURANCE COMPANY...

Mandatory Pass-Through of Disposal Fees and Limitations on Administrative Authority: Waste Management of Seattle, Inc. v. Utilities and Transportation Commission

Date: Mar 18, 1994

Mandatory Pass-Through of Disposal Fees and Limitations on Administrative Authority: Waste Management of Seattle, Inc. v. Utilities and Transportation Commission Introduction The case of Waste...