6 results for 'judge:"Lawrence-Berrey"'.
J. Lawrence-Berrey finds that the lower court improperly applied the wrong statute against a man and his attorneys who were caught making up statements to support manufactured class claims against Robinhood Financial. The lower court used a minor claims statute to support the sanctions, and while the claims were manufactured, their existence as being class claims do not make them minor. The matter is remanded to determine what amount of sanctions under the correct statute are called for to deter their actions going forward. Reversed.
Court: Washington Court Of Appeals, Judge: Lawrence-Berrey , Filed On: May 2, 2024, Case #: 38623-6-III, Categories: Sanctions
J. Lawrence-Berrey finds that the lower court improperly struck the opinion of an expert and former judge in a dispute between the Department of Children, Youth, and Families and the estate of a boy whose injuries were the subject of investigation over potential child abuse. The lower court seemed to strike the testimony on the idea that a jury would attach too much weight to the opinion of a former judge, but the testimony was not likely to "arouse an emotional response from jurors," given that it was largely centered around what a judge would have done in regards to the child being removed from his mother's care. Reversed.
Court: Washington Court Of Appeals, Judge: Lawrence-Berrey, Filed On: January 30, 2024, Case #: 39483-2-III, Categories: Family Law, Experts
J. Lawrence-Berrey finds that the lower court properly in part resolved a series of questions stemming from a defamation dispute between an individual and a local paper. The dispute presented a series of legal issues over the Uniform Public Expression Protection Act and how it relates to actions pending on the law's effective date. A proper interpretation of law finds that the Act does apply to causes of action made on or after the its effective date and service of amended pleadings restarts the 60-day clock. Affirmed in part.
Court: Washington Court Of Appeals, Judge: Lawrence-Berrey, Filed On: January 11, 2024, Case #: 38991-0-III, Categories: Civil Procedure, Defamation, First Amendment
J. Lawrence-Berrey finds that the lower court properly denied a grandmother's petition to intervene in dependency proceedings for her granddaughter. The women tried to intervene to establish her petition for de facto parentage of her granddaughter, but she lacked standing to do because a relative who has placement of a child does not necessarily satisfy the legal requirement of taking on full parental responsibilities or have all the legal rights a parent has. Affirmed.
Court: Washington Court Of Appeals, Judge: Lawrence-Berrey, Filed On: September 28, 2023, Case #: 39276-7-III, Categories: Family Law
J. Lawrence-Berrey finds that the lower court properly in part ruled in favor of a series of local governments and districts who sued the Department of Ecology over changes to the regulation of nitrogen discharges. The local entities claim that the department violated the rulemaking process when it adopted the new rules based on two documents produced by the department, and the lower court found in their favor. At the heart of the dispute is the question of whether three key "rules" that were changed are even rules at all under the Administrative Procedure Act. While two of the challenged rules cannot be considered as such, the third one does meet the definition under the APA. This means that certain new permit-related requirements are unlawful, and if the department would like to act on them further, they must go through the proper rulemaking procedures. Affirmed in part.
Court: Washington Court Of Appeals, Judge: Lawrence-Berrey, Filed On: September 14, 2023, Case #: 39494-8-III, Categories: Administrative Law, Environment, Agency
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