Recent News

What Is The Difference Between A Prescriptive Easement And Adverse Possession?

Washington State Litigation and Real Estate Law Lawyer Andrew M. McKenzie | 3/2/2021
Most non-lawyers have probably heard about adverse possession- the concept that you can become the owner of someone else’s property by treating it as your own.  But the term “prescriptive easement” is not as well known.  The two concepts have different requirements and implications for the rights of the parties.  Adverse Possession concerns a claim of ownership of… Read More

Dairy Worker Wage-Exception Unconstitutional

Washington State Litigation Lawyer Eli K. Yim | 3/1/2021
The Washington Supreme Court, in a 5-4 decision, recently held that a 60-year exception to the state’s wage/hour laws for dairy workers is unconstitutional.  At issue was RCW 49.46.130(2)(g)—that section of the Washington Minimum Wage Act which exempts agricultural workers from earning overtime pay. In Martinez-Cuevas, et al. v. DeRuyter, et al., Jose Martinez-Cuevas and… Read More

Webinar – Washington Timber Trespass Act

BeresfordBooth | 2/26/2021
February 25th, 2021 Todd J. Cook discusses the Washington Timber Trespass Act. During the webinar, he will discuss: The definition of a Timber Trespass under Washington law;The distinction between a Timber Trespass Claim (RCW 64.12.030) and a Waste Claim (RCW 4.24.630);Damages theories applicable to Timber Trespass Claims;Common issues in prosecuting or defending a Timber Trespass… Read More

Before You Sue For Defamation

Washington State Litigation Lawyer Andrew M. McKenzie | 2/3/2021
More than ever before in human history, negative messages are capable of viral dissemination.  Online platforms and various forms of social media spread information, good and bad, with various levels of accuracy, faster than ever before.  For both businesses and individuals, negative information can deal a devastating blow to reputation.  People and businesses who feel… Read More

A Tale Of Two Tails: Lingering Claims Under Statutory Warranty Deeds

Washington State Business and Real Estate Law, and Litigation Lawyer Andrew M. McKenzie | 12/2/2020
Not all deeds are created equal.  For example, in the case of a quit claim deed, the grantor makes no warranty that they even own the property being conveyed.  Rather, the grantor merely transfers whatever the transferor actually owns.  But in the case of a statutory warranty deed, the grantor makes certain promises which give… Read More

Suing After Closing: Is My Claim Barred By The Merger Doctrine?

Washington State Business and Real Estate Law, and Litigation Lawyer Andrew M. McKenzie | 11/20/2020
In almost all instances, the sale of real property occurs pursuant to some written contract, typically a purchase and sale agreement.  The sale generally becomes complete when title to the property transfers to the buyer via a deed.  But what happens if, after consummation of the sale, one of the parties claims the contract was… Read More

Washington’s Unfair Business Practices Act – Expanded Application

Washington State Business & Real Estate Lawyer William O. Kessler | 10/27/2020
In the Washington Supreme Court’s recent opinion in Young v. Toyota Motor Sales, U.S.A., many plaintiffs’ attorneys added a bigger hammer to their tool belt. The case effectively broadens the applicability of Washington’s Unfair Business Practices Act (or Consumer Protection Act, “CPA”), RCW 19.86. Many civil litigants and their counsel should be aware of the… Read More