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Rekstad v. First Bank System, Inc.
Grant of summary judgment on ERISA claim does not qualify as final decision when court remands to plan administrator question of damages.
Civil Procedure May 6, 2001
Sorenson v. Mink
Cost of living adjustment to award of attorney fees should be computed according to consumer price index for same year work completed.
Civil Procedure May 6, 2001
City of Los Angeles v. U.S. Federal Aviation Administration
Federal appeals court does not have jurisdiction to hear original action by city against FAA challenging revenue-use policy.
Civil Procedure May 6, 2001
Pfaff v. State Farm Mutual Auto Insurance Co.
Party may have default set aside when it presents evidence of a defense to underlying action.
Civil Procedure May 4, 2001
Wiley v. Rehak
Court lacks authority to allow addition of aggrieved party after the deadline for trial de novo request expired.
Civil Procedure May 4, 2001
Aziz v. Rosa
Order
Civil Procedure May 3, 2001
Miller v. V.A. Medical Center
Order
Civil Procedure May 3, 2001
Personal Restraint Petition of Bratz
Mere threatened use of deadly weapon in commission of robbery, unaccompanied by any physical manifestation indicating a weapon, is second degree robbery, not first.
Civil Procedure May 3, 2001
Miles v. Children's Hospital
Order of dependency based on parents' abuse and neglect is final judgments that cannot be relitigated.
Civil Procedure May 3, 2001
Koncicky v. Sekac
Interpleader plaintiff in dispute over earnest money is liable for attorney fees where she actively asserts interest in money.
Civil Procedure May 3, 2001
Pulich v. Dame
Plaintiff who prevails before arbitrator, but loses at trial, cannot challenge trial judgment based on failure to file proof of service.
Civil Procedure May 2, 2001
Nielson v. Eisenhower & Carlson
In legal malpractice action, trial court properly applies 'but for' test to proximate cause element.
Civil Procedure May 2, 2001
Sunderland v. Allstate Indemnity Co.
Messenger's sworn attestation is not required to prove service by delivery.
Civil Procedure May 2, 2001
Curley v. Perry
Inmate's suit was properly dismissed for failure to state claim because no amendment could cure complaint, and statute was constitutional.
Civil Procedure May 1, 2001
Chaney v. Fetterly
Doctrine of exhaustion of administrative remedies does not apply where Superior Court and quasi-judicial administrative agency have concurrent original jurisdiction.
Civil Procedure May 1, 2001
Demont v. Mehlenbacher
Court remands to determine the extent to which two actions, which were later severed, were intertwined for purposes of attorney fees.
Civil Procedure May 1, 2001
Right-Price Recreation LLC v. Connells Prairie Community Council
Party's request for production of documents and correspondence of opposition violate associational privilege under First Amendment.
Civil Procedure Apr. 30, 2001
Crognale v. King
Court may consider number of factors to stay civil proceedings to protect defendant's rights in potential criminal proceeding.
Civil Procedure Apr. 30, 2001
Scott v. Grader
Court may exclude testimony of expert who fails to produce subpoenaed financial documents at deposition.
Civil Procedure Apr. 30, 2001
Parry v. Windmere Real Estate East
Timely raised defense of insufficient service of process is not waived by subsequent siging of confirmation of joinder.
Civil Procedure Apr. 29, 2001
Braut v. Wierzbicki
Court does not abuse discretion in admitting photocopy of document when record establishes tenable basis for its decision.
Civil Procedure Apr. 29, 2001
Files v. The Honorable Margarita Bernal
Superior court abuses discretion in granting special-action relief to man who offered undercover cop posing as prostitute money for sex.
Civil Procedure Apr. 27, 2001
Estate of Jones v. State of Washington
In rape and murder case, jury should have considered whether State was negligent in placing defendant in minimum security facility.
Civil Procedure Apr. 27, 2001
Clemens v. Boeing Co.
Boeing Co. is properly granted summary judgment in contract action brought by employee.
Civil Procedure Apr. 26, 2001
Summers v. Dept. of Revenue for the State of Washington
Judgment to extend tax lien is not void because court has authority to allow the extension pursuant to civil judgment statutes.
Civil Procedure Apr. 26, 2001
Dinh v. Salins
All discovery matters must be decided by arbitrator once case is assigned to arbitration.
Civil Procedure Apr. 23, 2001
State v. S.H.
Judge may impose sanctions where there is express finding of bad faith in preserving judicial economy.
Civil Procedure Apr. 23, 2001
Pickett v. Bebchick
Choice of law improper basis to deny class certification when claimants' suit is based on contract that provides Washington law controls.
Civil Procedure Apr. 22, 2001
Lakeview Boulevard v. Apartment Sales Corp.
The six-year construction statute of repose bars claims brought by condominium association against construction contractors.
Civil Procedure Apr. 22, 2001
In re Gordon
Commitment as sexually violent predator appropriate despite individual's ineligibility for confinement under different mental health law.
Civil Procedure Apr. 22, 2001