Dean Wilcox fell 50 feet through an open catwalk hatch onto a
concrete floor. Having sustained severe injuries, he sued the on-site safety planner,
Steven Basehore, for negligent planning causing the fall; Wilcox also named the
safety planner's employer, Bartlett Services, Inc. (Bartlett), and an intermediary
company, ELR Consulting, Inc. (ELR), in respondeat superior. Before trial... More...    $0 (02-09-2017 - WA)

Civil Rule 2A precludes enforcement of a settlement agreement
where there is a genuine dispute of material fact regarding the existence of the
agreement. Under principles of contract law, which govern settlement agreements,
mutual assent is an essential element for the formation, or existence, of a valid
agreement. Here, the plaintiffs demonstrated a question of material fact as to... More...    $0 (04-13-2015 - WA)

This is the latest iteration of cigarette vendors’ challenge to taxes imposed by virtue of the authority vested in an Indian tribe. Appellants Daniel T. Miller (Miller), Amber Lanphere (Lanphere), and Paul M. Matheson (Matheson) appeal the district court’s dismissal of their antitrust action against appellees Herman Dillon (Dillon), Chad Wright (Wright) and the Puyallup Tribe (the Tribe). The ... More...    $0 (01-17-2013 - WA)

When an insured defendant believes its insurer is refusing

to settle a plaintiff's claims in bad faith, the insured can negotiate an independent

pretrial settlement with the plaintiff. These settlements typically involve a stipulated

judgment against the insured, a covenant not to execute on that judgment against the

insured, and an assignment to the plaint... More...    $0 (10-25-2012 - WA)

The Washington product liability act (WPLA), chapter 7.72 RCW, sets forth a statutory form of vicarious liability whereby a product seller assumes the liability of a manufacturer where a product is marketed under the seller’s brand name. Because permitting the product seller to attribute fault to the actual manufacturer would abrogate this provision of the WPLA, principles of comparative fault d... More...    $0 (02-07-2011 - WA)

Leroy Bushnell, as the personal representative of the Estate of Evelyn Bushnell (Bushnell), appeals summary judgment dismissal of the lawsuit against Medico Insurance Company of Nebraska (Medico) for denial of coverage under a nursing care insurance policy issued to Evelyn Bushnell in 1987. Medico denied Bushnell’s claim for nursing care benefits on the grounds that the three-day prior hospitali... More...    $0 (02-07-2011 - WA)

We are asked to decide under the Manufactured/Mobile

Home Landlord-Tenant Act (MHLTA), chapter 59.20 RCW, whether a landlord

and tenant can lawfully agree to a 25-year lease that will convert to a one-year

lease if the tenant assigns it. Because the MHLTA expressly preserves the right

of a landlord and tenant to negotiate and agree to the term of a rental agreement... More...    $0 (07-22-2010 - WA)

This court is called upon to decide whether a complaint alleging that postassault negligence caused or exacerbated injuries falls under an insurance policy's assault and battery exclusion. We find it does not. We are also asked whether an insurer breached its duty to defend as a matter of law when, relying upon an equivocal interpretation of case law, it gave itself the benefit of the doubt ... More...    $0 (03-18-2010 - WA)

The False Claims Act (“FCA”) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.” Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov... More...    $0 (01-06-2010 - WA)

The False Claims Act (“FCA”) was designed to encourage reporting of false or fraudulent claims that are submitted to the federal government for approval or payment. Typically a relator—a whistle-blowing employee, a business partner or competitor—brings suit “for the benefit of the United States.” Mortgages, Inc. v. U.S. Dist. Ct., 934 F.2d 209, 210 (9th Cir. 1991) (per curiam). The gov... More...    $0 (11-19-2009 - WA)

The origins of this case trace back more than sixty years to the height of World War II when the federal government solicited Appellants E.I. DuPont de Nemours & Co., General Electric, Inc., UNC Nuclear Industries, Inc., Atlantic Richfield Co., and Rockwell International Corp., (collectively "Defendants") to operate the Hanford Nuclear Weapons Reservation ("Hanford") in southeastern Washingt... More...    $0 (04-09-2008 - WA)

Plaintiff Oak Harbor Freight Lines, Inc. ("Oak Harbor"), brought suit against Defendants Sears Roebuck & Co. ("Sears") and National Logistics Corporation ("NLC") to recover nearly half a million dollars for transportation of Sears' freight. NLC arranged the transportation, which Oak Harbor provided. Following cross-motions for summary judgment, the district court held NLC and Sears join... More...    $0 (01-19-2008 - WA)

This case arises from a commercial property insurance policy Plaintiff-Appellee Caliber One Indemnity Company ("Caliber One") issued to the Defendant Wade Cook Financial Corporation ("Cook"). Cook - through its trustee Diana K. Carey - appeals the district court's summary judgment under Washington law that the insurance contract between Cook and Caliber One limited earthquake coverage... More...    $0 (06-26-2007 - WA)

The Hartford Accident and Indemnity Company (Hartford) challenges the decision of the Court of Appeals that, under the terms of the Commercial General Liability (CGL) policy that Hartford sold to Fluke Corporation (Fluke), Hartford was obligated to pay both the compensatory and punitive damages that a California jury awarded against Fluke in a malicious prosecution action. In this declarator... More...    $0 (11-26-2001 - WA)

During a storm in November, 1995, two of the Quigg Brothers' construction barges, the SKOOKUM and the NO. 11 SCOW, broke from their moorings n... More...    $0 (09-05-2000 - WA)