Recent News

Beware The Statute Of Limitations

Washington State Business Law and Litigation Lawyer Babak Shamsi | 9/30/2019
The decision to initiate litigation can be a complicated calculation fraught with emotional and financial consequences.  It behooves individuals to proceed deliberately, and with caution, so that they can see the road ahead of them as clearly as possible.  In many instances, this involves consultation with legal counsel to understand the legal ramifications of a… Read More

Small Claims Courts Of Washington State

Washington State Business Law and Litigation Lawyer Babak Shamsi | 8/26/2019
Each district court in Washington State has a small claims division that provides an avenue for parties to resolve small monetary disputes.  This division is generally referred to as small claims court.  Small claims court utilizes a very streamlined process so that parties can resolve small disputes without having to spend extensive time and money… Read More

Litigation Update: Washington Supreme Court Clarifies Interplay Between CRLJ 14A(b) and CRLJ 12(h)(3)

Washington State Litigation Lawyer Todd J. Cook | 8/12/2019
The Washington Supreme Court’s recent decision in Banowsky v. Backstrom, No. 96200-6, 2019 WL 3333172, -- P.3d – (Wn. July 25, 2019), clarifies the interplay between two seemingly conflicting Civil Rules for Courts of Limited Jurisdiction (“CRLJ”)—CRLJ 14A(b) and CRLJ 12(h)(3)—in a matter improperly (but in good faith) filed in Washington State District Court.  Reversing… Read More

Washington’s Insurance Fair Conduct Act

Washington State Business Law and Litigation Lawyer Babak Shamsi | 7/31/2019
What is IFCA? Washington’s Insurance Fair Conduct Act (“IFCA” or the “Act”) took effect in 2007 to protect insureds against unfair practices by insurance companies.  IFCA provides protections and remedies to insurance policyholders upon an unreasonable denial of a claim for coverage or for payment of benefits.  Additionally, IFCA establishes a statutory scheme to ensure… Read More

Washington’s Timber Trespass Statute, RCW 64.12.030

Todd J. Cook | 7/17/2019
Washington State is known as the “Evergreen State” for a reason – our majestic evergreen trees are abundant, and we value them.  In the Timber Trespass Statute (codified at RCW 64.12.030), Washington’s legislature has created an effective tool for landowners seeking redress for the unauthorized removal of their trees (whether timber, ornamental trees, or shrubs).… Read More

Earnest Money Disputes In Washington State

Washington State Business Law and Litigation Lawyer Babak Shamsi | 6/20/2019
What is Earnest Money? In the purchase of real estate, it is common for a buyer to put down a deposit called earnest money. This deposit is made to a seller to represent the buyer’s good faith towards buying the real property at issue.  Earnest money is typically held in an escrow account until closing,… Read More

Construction Warranties And Defects

The Lawyers at Beresford Booth | 6/3/2019
The economic and population growth throughout Washington State keeps builders, contractors, subcontractors and others involved in the construction industry very busy.  With that high demand, however, comes the added risk of mistakes and defects that may potentially lead to disputes and litigation.  Whether you are in the market for builders or in the industry itself,… Read More

Litigation Update: Proximate Cause Under The WPLA (Washington Product Liability Act)

Washington State Litigation Lawyer Todd J. Cook | 5/29/2019
The Washington Court of Appeals recently issued a published decision in Sherman v. Pfizer et al., No. 50914-8-II, 2019 WL 1923583, -- P.3d -- (Wn. App. April 30, 2019), providing valuable guidance for attorneys litigating duty to warn cases under the Washington Product Liability Act (“WPLA”), RCW 7.72.  In Sherman, the plaintiff allegedly developed a… Read More

Construction Liens In Washington State

Washington State Business Law and Litigation Lawyer Babak Shamsi | 4/22/2019
In Washington, disputes in construction projects often involve complex issues between numerous parties.  Parties to a construction project may include prime contractors, subcontractors, suppliers, and laborers, all of whom work with the expectation of compensation for their services.  When these parties are not paid for their work they may file and attempt to enforce liens… Read More