Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
00CA2007
|
W.O. Brisben Companies Inc. v. Krystkowiak
Complaint is properly dismissed where it failed to state claim upon which relief could be granted. |
Civil Procedure |
|
Sep. 9, 2002 | |
01CA2087
|
Marriage of Villalva
Grandparent's visitation rights can be determined in county of original dissolution action despite parent's move to another county. |
Family Law |
|
Sep. 9, 2002 | |
01CA1791
|
Cotter Corp. v. American Empire Surplus Lines Insurance Co.
Pollution exclusion clause in insurance contract protected insurers from liability for release of toxic chemicals. |
Insurance |
|
Sep. 9, 2002 | |
01CA0381
|
Hlavac v. Davidson
Failure to report personal expenditures constituted violation of Fair Campaign Practices Act. |
Administrative Agencies |
|
Sep. 9, 2002 | |
01-3368
|
Casad v. U.S. Department of Health and Human Services
NIH summary statement of grant application falls within deliberative process exception of Freedom of Information Act. |
Government |
|
Sep. 9, 2002 | |
01-1484
|
Rakity v. Dillon Co,
Plaintiff's lifting limitation is not disability within meaning of ADA. |
Employment Law |
|
Sep. 9, 2002 | |
00-5196
|
Tax Accounting Software Corp. v. United States
Software developers were not entitled to tax credit for research and development expenses. |
Taxation |
|
Sep. 9, 2002 | |
71095-3
|
Olivine Corp. v. United Capitol Insurance Co.
Party seeking cancellation of insurance policy may cancel only interests covered by its power of attorney. |
Insurance |
|
Sep. 9, 2002 | |
01-6085
|
Gilbert v. Mullin
Supplemental jury instruction, intended to urge jurors to reach unanimous decision, is not coercive. |
Criminal Law and Procedure |
|
Sep. 9, 2002 | |
02-2054
|
U.S. v. Magallanes
District court should not have decided merits of issue not covered by certificate of appealability issued by appellate court. |
Criminal Law and Procedure |
|
Sep. 9, 2002 | |
00-6358
|
Ellis v. Hargett
Defendant who failed to request jury instruction or raise due process claim on direct appeal is denied habeas relief. |
Criminal Law and Procedure |
|
Sep. 9, 2002 | |
01-2240
|
Chapman v. LeMaster
Because state would not apply 'Ortega' rule retroactively to prisoner's felony murder conviction, his conviction does not violate federal due process standards. |
Criminal Law and Procedure |
|
Sep. 9, 2002 | |
01-1217
|
U.S. v. Power Engineering Co.
EPA may bring separate enforcement action against polluter even though state has also brought action against same polluter. |
Administrative Agencies |
|
Sep. 9, 2002 | |
00-6292
|
Duckett v. Mullin
Prosecutor's comments during voir dire did not constitute prejudicial misconduct in violation of due process. |
Criminal Law and Procedure |
|
Sep. 9, 2002 | |
00-1486
|
King v. United States
Government's cross claim was essentially contract claim for liability and subject to federal six-year statute of limitations. |
Civil Procedure |
|
Sep. 9, 2002 | |
00-6286 and 01-6179
|
Midland Mortgage Co. v. U.S. Fidelity and Guaranty Co.
U.S. Fidelity & Guaranty Co. is required to provide defense in class action lawsuit against mortgage company. |
Insurance |
|
Sep. 9, 2002 | |
02SA53
|
In re Alliance Construction Solutions, Inc.
Upon satisfaction of four-part test, attorney-client privilege protects documents and communications between governmental entity and its independent contractor. |
Civil Procedure |
|
Sep. 9, 2002 | |
19882-1
|
State v. Eaker
Conviction for child rape is reversed because of impermissible jury instruction commenting on the evidence. |
Criminal Law and Procedure |
|
Sep. 9, 2002 | |
01SA295
|
State Engineer v. Bradley
Water court's conclusion that plaintiff satisfied his burden of proving historic use of water right to be changed isn't supported by record. |
Real Property |
|
Sep. 9, 2002 | |
02SA156
|
People v. Diaz
Police violated Fourth Amendment by obtaining blood and hair samples through warrantless search without court order. |
Criminal Law and Procedure |
|
Sep. 9, 2002 | |
71485-1
|
Bell v. State of Washington
Plaintiff alleging negligent parole supervision must prove the inadequate supervision proximately caused injuries. |
Criminal Law and Procedure |
|
Sep. 9, 2002 | |
71619-6
|
Marriage of Wright
Value of spouse's pension may be calculated based on likely retirement age for purpose of dissolution proceeding. |
Family Law |
|
Sep. 9, 2002 | |
00SC672
|
People v. Stewart
Reasonable distinctions between second degree and vehicular assault statutes do not violate equal protection. |
Criminal Law and Procedure |
|
Sep. 9, 2002 | |
01SC136
|
In the Matter of Estate of DeWitt
Statute that automatically revokes designation of spouse as life insurance beneficiary upon dissolution of marriage is constitutional. |
Constitutional Law |
|
Sep. 9, 2002 | |
00-8069
|
Estes v. Wyoming Department of Transportation
State agency waives sovereign immunity when it removes action to federal court. |
Employment Law |
|
Sep. 9, 2002 | |
00-10307
|
U.S. v. Gamez
Murder cross-reference applies to sentencing for drug offense even though defendant was acquitted of murder. |
Criminal Law and Procedure |
|
Sep. 8, 2002 | |
01-56047
|
In re Pacific/West Communications Group, Inc. (Fifteenth RMA Partners, L.P. v. Pacific/West Communications Group, Inc.)
Former regulation precluding attachment of tort proceeds applies where attachment occurred prior to law's revision. |
Bankruptcy |
|
Sep. 8, 2002 | |
01-70915
|
Ruano v. Ashcroft
Petitioner establishes past persecution where he received death threats for six years at his home and was repeatedly chased by armed men. |
Immigration |
|
Sep. 8, 2002 | |
01-35276
|
Mendoza v. Zirkle Fruit Co.
Legally documented agricultural workers have standing to sue their employers, whom they allege depressed their salaries by hiring undocumented workers at below market wages. |
Civil Procedure |
|
Sep. 8, 2002 | |
99-17311
|
Campbell v. Rice
Defendant was denied due process by exclusion from hearing to determine whether his attorney had conflict of interest. |
Criminal Law and Procedure |
|
Sep. 8, 2002 |