51 results for 'court:"Washington Supreme Court"'.
J. Gonzalez finds that the lower court improperly convicted a man of illegally hunting a deer in 1924. The man was a citizen of the Yakama Nation, and after the case was brought back by a descendant of the man, it is clear that a treaty between the United States and the Yakama Nation gave the man and his people a right to hunt and fish on their land. The deer hunt in question happened on Yakama land, and he was improperly convicted as a result. Vacated.
Court: Washington Supreme Court, Judge: Gonzalez, Filed On: May 16, 2024, Case #: 20439-0, Categories: Criminal Procedure
J. Montoya-Lewis finds that the court of appeals properly ruled that the trial court should not have dismissed the personal injury dispute due to a failure to properly serve one of the parties. The person that was served was an HR manager at the business being sued, and given her employment position there, she was a proper person who could be served in a legal dispute. The case may now proceed to trial. Affirmed in part.
Court: Washington Supreme Court, Judge: Montoya-Lewis, Filed On: May 9, 2024, Case #: 102147-0, Categories: Civil Procedure, Tort
J. Yu finds that the lower court properly denied defendant's request for a new trial stemming from his child molestation conviction. Defendant claims that he is entitled to a new trial because his legal team did not propose a lesser included offense instruction for fourth-degree assault. Even if his counsel had requested the lesser instructions, they still would have been denied because there was no evidence on the record to support them. Affirmed.
Court: Washington Supreme Court, Judge: Yu, Filed On: April 18, 2024, Case #: 100953-4, Categories: Assault, Child Victims, Jury Instructions
J. Johnson denies a request from the Spokane County prosecutor for an order directing the secretary of the Washington State Department of Social and Health Services to provide "competency services" in criminal proceedings. For such a request to work, the secretary would have to be a state officer under the law. Because he is not, he cannot be compelled to do so.
Court: Washington Supreme Court, Judge: Johnson, Filed On: April 18, 2024, Case #: 101520-8, Categories: Civil Procedure, Government
J. Gonzalez finds that the lower court improperly ruled over what liability a hospital has over the death of a patient who, after appearing in an emergency room with pain in her left shoulder, was not properly diagnosed with necrotizing fasciitis and died shortly after. Her estate sued the hospital, claiming it was liable for not properly diagnosing her condition, but the lower court found it was not responsible. However, under state statutes, whenever a hospital offers emergency services, it creates a "nondelegable duty" of care that the doctors are then charged with carrying out. While the doctor is there to help carry out that duty, the hospital cannot escape liability by delegating that duty to them entirely. Reversed.
Court: Washington Supreme Court, Judge: Gonzalez, Filed On: April 11, 2024, Case #: 101745-6, Categories: Negligence, Wrongful Death
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J. Madsen finds that the lower court properly confirmed an arbitration order in an underlying dispute over loan payments. The lower court properly found that a motion to confirm an arbitration order does not render the entire underlying case moot. The lower court also correctly found that attaching an arbitration award does not act as a "judicial
endorsement" of the award, but instead simply identifies the reasoning for confirming it. Affirmed.
Court: Washington Supreme Court, Judge: Madsen, Filed On: April 11, 2024, Case #: 101872-0, Categories: Arbitration, Contract
J. Stephens finds that the lower court properly found that the Benton County Water Conservancy Board does not have the standing to challenge a policy from the state Department of Ecology that governs the division of water rights. The board has not been able to show that it suffered any injury after the department refused to accept proposed division forms under the policy, and its interests would not be redressed if the challenged policy were tossed. The board lacks all standing to challenge it as a result. Affirmed.
Court: Washington Supreme Court, Judge: Stephens, Filed On: April 11, 2024, Case #: 101838-0, Categories: Environment, Water
J. Gordon McCloud finds that the lower court improperly found that breath alcohol tests performed in Kitsap County and done on Dräger Alcotest 9510 machines violated local state statutes and could not be used for evidence. The lower court is correct that under Washington law, a state toxicologist must approve the methods and math behind test result calculations and the Dräger Alcotest machines do not calculate the math correctly under the statue. However, the machines do not need to do the math alone, as the state is still allowed to do the math according to the law, and there is nothing under the law that states the breath machines have to do that math. As long as the calculations were done correctly by the state, results from the breath tests can still be used as evidence. Reversed.
Court: Washington Supreme Court, Judge: Gordon McCloud , Filed On: April 4, 2024, Case #: 101171-7, Categories: Evidence, Dui
J. Stephens finds that the lower court improperly reversed defendant's murder conviction. The lower court found that because the state wrongfully delayed bringing charges against defendant, the resulting loss of key witness testimony violated defendant's due process rights. While the state was negligent in its delay, there is no proof that that defendant suffered any prejudice from the loss of witness testimony. Reversed.
Court: Washington Supreme Court, Judge: Stephens, Filed On: March 28, 2024, Case #: 101502-0, Categories: Murder, Speedy Trial, Due Process
J. Gordon McCloud finds that the lower court improperly tossed a 2018 Washington statute that sought to change the method for how the state calculates the wage for workers who worked on a public state project like a new bridge or road. The lower court tossed the new method on the grounds that it conflicted with an older statutory rule that stated the wage data collected could only be used in the county where that work was done. But a full reading of the statutes' exact wording show they do not conflict with each other. The older statute only covers data collection methods, while the new statute covers how wage data from collective bargaining agreements is used to pay public project workers. They apply to two different situations covering a broad and complicated overarching issue, and therefore do not cancel each other out. Reversed.
Court: Washington Supreme Court, Judge: Gordon McCloud, Filed On: March 14, 2024, Case #: 101997-1, Categories: Employment, Labor
J. Johnson finds that the lower court properly found that an insurance company had a duty to provide coverage in an underlying construct defects dispute. While it is true that under the language of the policy there is a "faulty workmanship exclusion" clause that would deny coverage, there is a loss exception portion of the policy that revives coverage in this case. Affirmed.
Court: Washington Supreme Court, Judge: Johnson, Filed On: March 14, 2024, Case #: 101892-4, Categories: Insurance
J. Madsen finds that the lower court properly found that a school district violated a student's rights when it suspended him without following the suspension procedures. The district suspended the student and denied him his right to return when it was time, and by doing so, the district ignored the steps that must be taken under the law and violated the student's due process rights. The lower court also correctly found that providing the student with a compensatory education could be a proper remedy for the violation, and the matter is remanded to further determine what else that remedy may be. Affirmed.
Court: Washington Supreme Court, Judge: Madsen, Filed On: March 7, 2024, Case #: 101799-5, Categories: Education, Due Process
J. Stephens finds that the lower court improperly determined the tax assessments against telecommunications carriers. The lower court determined that funds coming from the federal Lifeline program are subject to Washington's retail sales tax, finding that because the tax burden on the federal government was indirect, the assessments were legal. But this ignores that fact that the nonprofit appointed to administer the funds acts as an "instrumentality of the federal government." As a result, the assessments violate the intergovernmental tax immunity doctrine. Affirmed.
Court: Washington Supreme Court, Judge: Stephens, Filed On: March 7, 2024, Case #: 101873-8, Categories: Government, Tax
J. Montoya-Lewis finds that the lower court improperly found that there was not enough evidence to convict defendant of assault. There was enough evidence on the record that, during a road rage incident, defendant forced another driver to stop and then circled their car with an assault rife. This would be enough for a potential jury to find that defendant was guilty of second-degree assault beyond a reasonable doubt. Reversed.
Court: Washington Supreme Court, Judge: Montoya-Lewis, Filed On: February 29, 2024, Case #: 101635-2, Categories: Assault
J. Johnson finds that the lower courts improperly ruled that an insurance company's practice of reducing provider bills to an 80th percentile cap violates the Washington Consumer Protection Act. The insurance company's practices fall under the established standards of how an insurance company can determine the charges for medical procedures. Similar types of "80th percentile practices" by other companies in other jurisdictions have also been upheld by the courts, further supporting findings that it does not run afoul of the Consumer Protection Act. Reversed.
Court: Washington Supreme Court, Judge: Johnson, Filed On: February 15, 2024, Case #: 101576-3, Categories: Insurance, Class Action
J. Owens finds that the lower court improperly tossed claims from a subclass in a class action against the health care employer of a nurse who, while on duty, exposed emergency department patients with hepatitis C while she was diverting narcotics for her own use. The court improperly dismissed claims from a subclass of patients who were not directly assigned to the nurse. These patients can still establish a fear of disease transmission and can show damages during the "window of anxiety" period. Reversed.
Court: Washington Supreme Court, Judge: Owens, Filed On: January 18, 2024, Case #: 101537-2, Categories: Health Care, Class Action
J. Johnson finds that the lower court properly denied a request from insurance companies to dismiss claims against them from a series of educational institutions and colleges over losses stemming from the Covid-19 pandemic. The insurance companies moved to toss the claims on the grounds of forum non conveniens, but under the relevant agreements with the colleges, the colleges have the right to select their desired forum and the lower court did not abuse its discretion to enforce the forum selection clause. Affirmed.
Court: Washington Supreme Court, Judge: Johnson , Filed On: January 18, 2024, Case #: 100752-3, Categories: Insurance, Venue
J. Gonzalez finds that the lower court improperly ruled in a dispute over a labor and materials lien. A subcontractor claims it was not paid for the work it completed, leaving it to file a labor lien for labor without giving a pre-lien notice. This gives rise to the question of whether a pre-lien notice is required for labor liens under state law. Under the plain language of the statute and history from the legislature, a pre-lien notice is not required for cases such as this. Reversed.
Court: Washington Supreme Court, Judge: Gonzalez, Filed On: January 11, 2024, Case #: 101591-7, Categories: Construction, Contract
J. Madsen finds that the lower court properly ruled in a dispute over deductions from a business and occupation tax. A country club sought to deduct its initiation fees from its business and occupation tax, and because the fee must be paid by members before using any of the country club's services, the lower court correctly found the fees are entirely deductible under tax law. Affirmed.
Court: Washington Supreme Court, Judge: Madsen, Filed On: January 11, 2024, Case #: 101770-7, Categories: Tax
J. Johnson answers two certified questions before the court relating to an underlying sexual misconduct dispute at Washington State University. The two questions tie to the issues of whether, under state law, there is a special relationship between a university and its students that gives rise to a special duty of care, and if so, how far exactly does that duty go. The answer to the first question is yes, that duty is recognized under state law and a university must use reasonable practices to protect students from their peers. As for how far that duty goes, it is a duty that exists whenever a student is on campus or is involved in university-related activities.
Court: Washington Supreme Court, Judge: Johnson, Filed On: January 4, 2024, Case #: 101045-1, Categories: Civil Rights, Education
J. Johnson answers a series of certified questions regarding an underlying dispute over the wage practices involved with paying civil immigration detainees. Under state law, detained workers at private detention facilities are considered "employees" and are subject to the state's minimum wage requirements. The state's government-institutions exemption does not apply to the work performed by those detainees, and equitable relief is not barred by a damages award issued to the class in the underlying case.
Court: Washington Supreme Court, Judge: Johnson, Filed On: December 21, 2023, Case #: 101786-3, Categories: Employment, Immigration
J. Yu remands to the trial court an insurance lawsuit brought by two parents who say the insurance company denied their claim for long-term residential treatment for their child. After a series of dismissals and appeals, the insurance company prevails on the contract claims due to the state claims being based on former statutory language that doesn't apply. But the bad faith claims were improperly tossed for not producing evidence of "objective symptomatology," a requirement that does not apply to bad faith insurance disputes. Those claims are remanded for further proceedings. Affirmed in part.
Court: Washington Supreme Court, Judge: Yu, Filed On: December 21, 2023, Case #: 101561-5, Categories: Insurance
J. Montoya-Lewis finds that the lower court properly found in favor of an owner of a warehouse in a dispute stemming from the death of a man who fell off the warehouse roof while cleaning it. The estate of decedent sued the warehouse owner over his death, but the warehouse fulfilled its duty to decedent by reasonably delegating the duty of care to an independent contractor that had the experience to assume that responsibility. Affirmed.
Court: Washington Supreme Court, Judge: Montoya-Lewis , Filed On: December 7, 2023, Case #: 101176-8, Categories: Wrongful Death
J. Gonzalez finds that the lower court properly convicted defendant of murder and arson. Defendant claims on appeal that his convictions should be overturned on the grounds that his legal counsel should have been present at a preliminary hearing where his bail was set. While it is true his counsel should have been present for that hearing, it was not a critical stage of the prosecution against him and the violation did not influence the ultimate verdict against him. Affirmed.
Court: Washington Supreme Court, Judge: Gonzalez, Filed On: December 7, 2023, Case #: 101159-8, Categories: Fair Trial, Murder, Arson
J. Gonzalez finds that the lower court properly convicted defendant of rape. Defendant claims it was an error to proceed with his preliminary hearing without his legal counsel, and while it is true his counsel should have been present, it was ultimately a harmless error and did not influence the outcome of his trial. Affirmed.
Court: Washington Supreme Court, Judge: Gonzalez, Filed On: December 7, 2023, Case #: 101269-1, Categories: Fair Trial, Sex Offender
J. Pennell finds that the lower court improperly convicted defendant of murder based on the robbery of a safe. Defendant was also convicted of the robbery of a ring, but that conviction was ruled separate from the murder conviction so as not to violate double jeopardy. While there was sufficient evidence of the ring robbery, there was insufficient evidence as to the robbery of the safe. Therefore, "insufficient evidence supports a jury verdict for felony murder predicated on robbery of the safe." Vacated.
Court: Washington Supreme Court, Judge: Pennell, Filed On: November 9, 2023, Case #: 101068-1, Categories: Murder, Robbery
J. Owens finds that the lower court improperly reversed an order that granted a Sexual Assault Protection Order against an individual after they were accused of nonconsensual sex by another. The lower court reversed the order on the grounds that the trial court should have considered the man's affirmative defense, but doing so would go against the plan language of the statute. A protection order of this kind is intended to provide sexual assault victims with civil remedies separate from criminal code, and the law governing those orders clearly omits affirmative defenses. Reversed.
Court: Washington Supreme Court, Judge: Owens, Filed On: October 5, 2023, Case #: 101330-2 , Categories: Civil Procedure, Restraining Order
J. Yu finds that the lower court properly declined to offer instructions to a jury on a manslaughter charge during defendant's murder trial. Defendant did not bring forward any meaningful evidence that supported his request to have the jury instructed on a manslaughter charge as a lesser offense to his murder charge. Affirmed.
Court: Washington Supreme Court, Judge: Yu, Filed On: September 28, 2023, Case #: 101398-1 , Categories: Murder, Manslaughter, Jury Instructions
J. Gonzalez finds that the lower courts properly upheld the legality of Washington state's moratorium on evicting people from their homes due to unpaid rent as a result of the Covid-19 pandemic. State law gives the governor enhanced authority during emergencies such as the Covid-19 crisis, and his move to suspend evictions fell well within his "statutory and constitutional authority" that was expanded upon during the pandemic. Affirmed.
Court: Washington Supreme Court, Judge: Gonzalez , Filed On: September 28, 2023, Case #: 100992-5 , Categories: Government, Landlord Tenant, Covid-19
J. Gordon McCloud finds that the lower court improperly reversed defendant's convictions for criminal solicitation after she told her son he could be with her forever if he poisoned his father. The lower court reversed her convictions on the grounds that her offer to have the child be with her "forever" did not constitute a thing of value that must be offered for a criminal solicitation charge to stick. However, a thing of a value can encompass things outside of traditional economic importance, and her offer satisfies that broader definition. Reversed.
Court: Washington Supreme Court, Judge: Gordon McCloud , Filed On: September 28, 2023, Case #: 101442-2, Categories: Criminal Procedure