Recent News

Litigating In California From Washington State

Washington State Litigation, and Business and Real Estate Law Lawyer Andrew M. McKenzie | 5/5/2020
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

Prerequisite To Lien Claim (RCW 18.27.114) – A Reminder

The Lawyers at Beresford Booth | 5/1/2020
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

Washington State Garnishment Moratorium (Governor’s Proclamation No. 20-49)

Washington State Litigation and Business Law Lawyer Todd J. Cook | 4/16/2020
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

COVID-19 And The Force Majeure Doctrine

Washington State Business & Real Estate Law Lawyer Babak Shamsi | 4/15/2020
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

Settlements In Multi-Party Litigation

Washington State Litigation Lawyer Andrew M. McKenzie | 4/6/2020
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

Washington Supreme Court Halts All Non-Emergency Civil Cases Until After April 24

Washington State Business & Real Estate Lawyer William O. Kessler | 3/23/2020
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

What Is Contribution?

Washington State Litigation Lawyer Andrew M. McKenzie | 3/3/2020
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

Discharging Student Loans In Bankruptcy

Washington State Litigation Lawyer Andrew M. McKenzie | 2/3/2020
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

Boundary Line Adjustments In Washington State – Update

Washington State Business & Real Estate Lawyer William O. Kessler | 1/22/2020
In 2013, I wrote an article touting the “Friendly Quiet Title” as a more efficient means of adjusting your boundary line, when compared to a city/county boundary line adjustment (“BLA”). In recent years, the time and money savings of a Friendly Quiet Title have only increased when compared to the BLA. For example, as of… Read More