Washington Case Commentaries

Independent Effects Doctrine Affirmed: Separate Felony Murder and Robbery Convictions Do Not Merge Under Double Jeopardy

Date: Oct 9, 2020

Independent Effects Doctrine Affirmed: Separate Felony Murder and Robbery Convictions Do Not Merge Under Double Jeopardy Introduction In the landmark case In the Matter of the Personal Restraint of:...

Materiality Not Required for Affirmative Misrepresentation under Washington's Consumer Protection Act

Date: Sep 25, 2020

Materiality Not Required for Affirmative Misrepresentation under Washington's Consumer Protection Act Introduction The case of Duane Young v. Toyota Motor Sales, U.S.A. (196 Wash. 2d 310) adjudicated...

Valuable Permanent Improvements Required for Equitable Grace Period in Lease Options: Borton v. Burbank

Date: Sep 11, 2020

Valuable Permanent Improvements Required for Equitable Grace Period in Lease Options: Borton v. Burbank Introduction Borton & Sons, Inc. v. Burbank Properties, LLC is a landmark case decided by the...

Washington Supreme Court Broadens 'Reason to Know' Standard under ICWA and WICWA in Z.J.G. and M.E.J.G. Dependency Case

Date: Sep 4, 2020

Washington Supreme Court Broadens 'Reason to Know' Standard under ICWA and WICWA in Z.J.G. and M.E.J.G. Dependency Case Introduction The Washington Supreme Court's decision in In the Matter of the...

Reinstating Landlord Accountability: The Broader Scope of Negligent Maintenance in Gerlach v. Cove Apartments

Date: Aug 28, 2020

Reinstating Landlord Accountability: The Broader Scope of Negligent Maintenance in Gerlach v. Cove Apartments Introduction Gerlach v. Cove Apartments, LLC is a landmark decision by the Supreme Court...

Reversing Fair Trial Rights: Limitations on Prosecutorial ‘War on Drugs’ Rhetoric

Date: Aug 21, 2020

Reversing Fair Trial Rights: Limitations on Prosecutorial ‘War on Drugs’ Rhetoric Introduction In the landmark case of State of Washington v. Gregg A. Loughbom, the Supreme Court of the State of...

Unenforceability of Mandatory Arbitration Clauses in Employment Agreements: Insights from Burnett v. Pagliacci Pizza, Inc.

Date: Aug 21, 2020

Unenforceability of Mandatory Arbitration Clauses in Employment Agreements: Insights from Burnett v. Pagliacci Pizza, Inc. Introduction In the landmark case of Burnett v. Pagliacci Pizza, Inc., the...

Ensuring Due Process in Parental Rights Termination: A New Precedent on Burden of Proof

Date: Aug 21, 2020

Ensuring Due Process in Parental Rights Termination: A New Precedent on Burden of Proof Introduction The case of In the Matter of the Welfare of D.E., V.E., and M.E., Minor children (98043-8)...

Separation of Powers Upholds Executive Discretion in Correctional COVID-19 Response

Date: Jul 24, 2020

Separation of Powers Upholds Executive Discretion in Correctional COVID-19 Response Introduction In the landmark case of Colvin et al. v. Inslee, the Supreme Court of the State of Washington...

Demand for Individualized Inquiry in Pretrial Shackling: State v. Jackson Establishes New Standards

Date: Jul 17, 2020

Demand for Individualized Inquiry in Pretrial Shackling: State v. Jackson Establishes New Standards Introduction State of Washington v. John W. Jackson, Sr. is a landmark decision by the Supreme...

Municipal Taxation Authority: Federal Way v. Water Sewer Districts Establishes Broad Legislative Delegation for Excise Taxes

Date: Jun 19, 2020

Municipal Taxation Authority: Federal Way v. Water Sewer Districts Establishes Broad Legislative Delegation for Excise Taxes Introduction In the landmark case of Lakehaven Water and Sewer District,...

Affirming Termination of Parental Rights: Compliance with RCW 13.34.180(1)(d) Services Obligations

Date: Jun 5, 2020

Affirming Termination of Parental Rights: Compliance with RCW 13.34.180(1)(d) Services Obligations Introduction The case of B.B. v. State of Washington, Department of Social and Health Services...

Establishing Waiver of Arbitration Rights: Supreme Court Affirms in Lee & McFarland v. Evergreen Hospital

Date: Jun 5, 2020

Establishing Waiver of Arbitration Rights: Supreme Court Affirms in Lee & McFarland v. Evergreen Hospital Introduction The Supreme Court of the State of Washington rendered a significant decision on...

Washington Supreme Court Establishes Dismissed Convictions as SRA Convictions: Implications for Offender Scoring

Date: Apr 24, 2020

Washington Supreme Court Establishes Dismissed Convictions as SRA Convictions: Implications for Offender Scoring Introduction In the landmark case State of Washington v. David Brent Haggard, the...

Clarifying the Public Duty Doctrine in Governmental Liability: Washington Supreme Court in Ehrhart v. King County

Date: Apr 3, 2020

Clarifying the Public Duty Doctrine in Governmental Liability: Washington Supreme Court in Ehrhart v. King County Introduction The Supreme Court of the State of Washington addressed a pivotal case in...

Clarifying the Application of First Aggressor Instructions: Analysis of State of Washington v. Grott

Date: Feb 21, 2020

Clarifying the Application of First Aggressor Instructions: Analysis of State of Washington v. Grott Introduction In the landmark case of State of Washington v. Robert Deshawn Grott, the Supreme...

Strict Liability in the Unlawful Practice of Law: Insights from State v. Yishmael

Date: Feb 7, 2020

Strict Liability in the Unlawful Practice of Law: Insights from State v. Yishmael Introduction State of Washington v. Naziyr Yishmael (456 P.3d 1172) represents a significant judicial examination of...

State v. Delbosque: Establishing Direct Appeal Rights in Miller-Fix Juvenile Resentencing

Date: Jan 31, 2020

State v. Delbosque: Establishing Direct Appeal Rights in Miller-Fix Juvenile Resentencing Introduction State of Washington v. Cristian Delbosque is a landmark decision by the Supreme Court of the...

LOWE'S HOME CENTERS, LLC v. Department of Revenue: Establishing the Guarantor's Entitlement to Sales and B&O Tax Refunds

Date: Jan 17, 2020

LOWE'S HOME CENTERS, LLC v. Department of Revenue: Establishing the Guarantor's Entitlement to Sales and B&O Tax Refunds Introduction The case of LOWE'S HOME CENTERS, LLC v. Department of Revenue,...

State v. Arndt: Affirmation of Multiple Punishments and Defense Rights under Double Jeopardy and Sixth Amendment

Date: Dec 6, 2019

State v. Arndt: Affirmation of Multiple Punishments and Defense Rights under Double Jeopardy and Sixth Amendment Introduction In the landmark case State of Washington v. Shelly Margaret Arndt (194...