Washington Case Commentaries

No “Direct Nexus” Required: Washington Supreme Court Upholds BA/UA Monitoring of Valid Sobriety and Drug-Use Conditions Under Article I, § 7

Date: Mar 28, 2025

No “Direct Nexus” Required: Washington Supreme Court Upholds BA/UA Monitoring of Valid Sobriety and Drug-Use Conditions Under Article I, § 7 Introduction In State v. Nelson, No. 102942-0 (Wash. Mar....

Strict Enforcement of Appellate Deadlines in Recall Appeals: Washington Supreme Court Affirms Inherent Power to Dismiss for Failure to Prosecute

Date: Mar 28, 2025

Strict Enforcement of Appellate Deadlines in Recall Appeals: Washington Supreme Court Affirms Inherent Power to Dismiss for Failure to Prosecute Introduction In In re Recall of Ruelas, the Washington...

"Only Constituents May Recall": Washington Supreme Court Establishes Constitutional Standing Rule for Local Recalls and Affirms Fee Sanctions for Bad-Faith Petitions

Date: Mar 28, 2025

"Only Constituents May Recall": Washington Supreme Court Establishes Constitutional Standing Rule for Local Recalls and Affirms Fee Sanctions for Bad-Faith Petitions Introduction In In re Recall of...

Beyond Procedure: RAP 2.3(b)(3) Authorizes Discretionary Review for Substantive Departures from the Accepted Course of Proceedings

Date: Mar 28, 2025

Beyond Procedure: RAP 2.3(b)(3) Authorizes Discretionary Review for Substantive Departures from the Accepted Course of Proceedings Case: In re Dependency of C.J.J.I., C.V.I., and R.A.R., Jr. Court:...

Raab v. Nu Skin: CR 12(b)(3) Is Not the Vehicle to Enforce Out-of-State Forum-Selection Clauses in Washington; Voicelink Overruled

Date: Mar 28, 2025

Raab v. Nu Skin: CR 12(b)(3) Is Not the Vehicle to Enforce Out-of-State Forum-Selection Clauses in Washington; Voicelink Overruled Introduction In a significant procedural ruling with statewide...

Only Actions Specifically Permitted by Nonenumerated Regulators Qualify for Washington’s CPA Safe Harbor: Hall v. Walgreens Boots Alliance

Date: Mar 21, 2025

Only Actions Specifically Permitted by Nonenumerated Regulators Qualify for Washington’s CPA Safe Harbor Hall v. Walgreens Boots Alliance, Inc., No. 102829-6 (Wash. Mar. 20, 2025) (en banc)...

Reaffirming the Reasonable Foreseeability Exception in Premises Liability: Implications for Falling Merchandise Cases

Date: Mar 14, 2025

Reaffirming the Reasonable Foreseeability Exception in Premises Liability: Implications for Falling Merchandise Cases Introduction In the case of HWAYO JENNY GALASSI and MICHAEL GALASSI, wife and...

Galassi v. Lowe’s: Reasonable Foreseeability Exception Applies to Falling Merchandise and Defendants Must Carry the Initial Summary-Judgment Burden

Date: Mar 14, 2025

Galassi v. Lowe’s: Reasonable Foreseeability Exception Applies to Falling Merchandise and Defendants Must Carry the Initial Summary-Judgment Burden Court: Supreme Court of Washington (En Banc) Date:...

Redefining the Boundaries of Consent Searches: The Limited Reach of Ferrier Warnings

Date: Mar 11, 2025

Redefining the Boundaries of Consent Searches: The Limited Reach of Ferrier Warnings Introduction In State of Washington, Respondent, v. Mary Margaret Mercedes, Petitioner, the Supreme Court of...

Constitutional Endorsement of Signature Verification Coupled with Expansive Cure Provisions in Washington Elections

Date: Mar 11, 2025

Constitutional Endorsement of Signature Verification Coupled with Expansive Cure Provisions in Washington Elections Introduction The case before the Supreme Court of Washington – Vet Voice...

New Precedent: 30-Day Eviction Notice under the CARES Act Applies Only to Nonpayment Evictions

Date: Feb 25, 2025

New Precedent: 30-Day Eviction Notice under the CARES Act Applies Only to Nonpayment Evictions Introduction This commentary examines the recent Supreme Court of Washington decision in THE HOUSING...

Public Employee Conduct in Public Events: Clarifying Privacy Limits and PRA Disclosure Standards

Date: Feb 19, 2025

Public Employee Conduct in Public Events: Clarifying Privacy Limits and PRA Disclosure Standards Introduction This Judgment, rendered by the Supreme Court of Washington on February 13, 2025,...

Washington Supreme Court Clarifies Scope of RCW 4.24.595(1) in Child Abuse Investigations

Date: Feb 11, 2025

Washington Supreme Court Clarifies Scope of RCW 4.24.595(1) in Child Abuse Investigations Introduction The case of Ian Atkerson v. State of Washington, Department of Children, Youth, and Families...

Mandatory CVCA Restitution: Washington Supreme Court Upholds Non-Discretionary Restitution Orders in State v. Morgan

Date: Jan 24, 2025

Mandatory CVCA Restitution: Washington Supreme Court Upholds Non-Discretionary Restitution Orders in State v. Morgan Introduction In the landmark case of State of Washington v. Montreal Leanthony...

Supreme Court of Washington Clarifies Limits on Noncompete Agreements for Low-Wage Workers under RCW 49.62.070

Date: Jan 24, 2025

Supreme Court of Washington Clarifies Limits on Noncompete Agreements for Low-Wage Workers under RCW 49.62.070 Introduction The case of Jeremy David and Mark Springer v. Freedom Vans LLC addresses...

Ensuring Judicial Impartiality: State of Washington v. J.M.H.

Date: Jan 23, 2025

Ensuring Judicial Impartiality: State of Washington v. J.M.H. Introduction In the landmark case of State of Washington, Respondent, v. J.M.H., Petitioner, decided on January 16, 2025, the Supreme...

Broad Immunity Affirmed for Forestland Owners under RCW 76.09.330: Public Utility District No. 1 v. State of Washington

Date: Jan 23, 2025

Broad Immunity Affirmed for Forestland Owners under RCW 76.09.330: Public Utility District No. 1 v. State of Washington Introduction In the landmark case Public Utility District No. 1 of Snohomish...

Vasquez v. State: Expanding Judicial Discretion in Resentencing Proceedings

Date: Dec 23, 2024

Vasquez v. State: Expanding Judicial Discretion in Resentencing Proceedings Introduction The Supreme Court of Washington in State of Washington v. Anthony Rene Vasquez addresses critical aspects of...

State v. Kelly: Upholding Time Bar on Collateral Resentencing and Mandating Consecutive Firearm Enhancements

Date: Dec 23, 2024

State v. Kelly: Upholding Time Bar on Collateral Resentencing and Mandating Consecutive Firearm Enhancements Introduction In the landmark case of State of Washington v. Timothy Michael Kelly, the...

Envolve Pharmacy Solutions Exempted from B&O Tax Under RCW 82.04.320: A Comprehensive Legal Commentary

Date: Dec 18, 2024

Envolve Pharmacy Solutions Exempted from B&O Tax Under RCW 82.04.320: A Comprehensive Legal Commentary Introduction The case of Envolve Pharmacy Solutions, Inc. v. Department of Revenue adjudicated...