Recent News

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

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 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

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

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

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

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

What is the Washington CPA? The Washington Legislature in 1961 enacted the Consumer Protection Act (“CPA”), (RCW 19.86), to protect consumers from unfair or deceptive trade and business practices. Historically, consumers were responsible under the old legal maxim of “caveat emptor,” or “buyer beware,” which required a high level of diligence and investigation on the… Read More

When parties form a contract, they usually write the contract with terms conforming to their intentions and expectations. Unfortunately, sometimes one or both parties err in accurately expressing these intentions and expectations within the terms of a contract.  To make matters worse, one party often reaps the benefit of that mistake and will defend the… Read More