Recent News

When parties enter into a contract, they usually assume the contract will be performed.  But what happens in the event of a breach?  The default is for a dispute to spawn litigation if the parties cannot resolve it on their own.  Ordinarily the non-breaching party must establish with reasonable certainty their actual damages to obtain… Read More

California is the world’s sixth largest economy.  That fact combined with its west coast proximity to Washington spurs commerce between many Washington and California businesses.  Many Washingtonians have a second home in California, or may have other investments or contractual relationships affected by California laws. When disputes arise, parties located in Washington may be required to… Read More

On April 24, Governor Inslee released his Phase 1 Construction Restart plan signaling the beginning of a possible easing of Covid-19 related restrictions put in place under Gubernatorial Proclamation 20-25. As contractors return to work, it is the perfect time to reassess compliance with the Contractor Registration Act. A major component of the Act, is… Read More

On April 14, 2020, Washington Governor Jay Inslee issued Proclamation 20-49 titled “Garnishment and Accrual of Interest” (the “Garnishment Proclamation”).  In the Garnishment Proclamation, Governor Inslee finds that “a state of emergency continues to exist in all counties of Washington State.”  The Governor further finds that “a temporary moratorium on garnishment of wages and other income to… Read More

In the midst of the COVID-19 pandemic, many individuals and businesses find themselves in unprecedented circumstances where they do not believe they can perform under contracts that they have entered into, such as construction contracts, leases, or purchase and sale agreements. Parties who have difficulties performing under their contracts due to the COVID-19 pandemic face… Read More

Frequently a plaintiff’s injuries are attributable to the combined effects of the actions of multiple defendants.  In this context, the defendants may be jointly and severally liable to the plaintiff, which means that if one defendant is insolvent, the plaintiff may collect the full amount of the damages from the remaining defendant(s). Under RCW 4.22.040,… Read More

On Friday, the Washington Supreme Court issued an order suspending most state court proceedings due to the current public health crisis.  The order requires all civil jury trials to be suspended until after April 24, while trials currently in session may proceed.  Additionally, all non-emergency civil matters must be continued until after April 24, though… Read More

When you hear the word “contribution,” you probably think about someone helping others monetarily to accomplish some shared goal.  In the context of litigation, contribution refers to the right of co-defendants to force each other to share in paying damages owed or paid to a plaintiff. In the simplest example, plaintiff (“A”) is harmed by… Read More

Student loans are treated differently than other unsecured debts in bankruptcy.  A debtor seeking to discharge liability for a student loan must demonstrate “undue hardship.”  While this standard is more stringent than for ordinary unsecured debts, the a very high percentage of debtors with lingering student loan debt assume that student loans are by definition… Read More