Justia Civil Procedure Opinion Summaries

Scottye Miller murdered his longtime girlfriend, Tricia Patricelli, 15 days after he was released from prison on Department of Corrections (DOC)-supervised probation. Patricelli, Patricelli's family and friends, and DOC—knew that Miller had physically abused Patricelli in the past and would likely do so again if they resumed their relationship. Patricelli hid the renewed relationship from her friends, family members, and DOC. In fact, Patricelli explicitly assured DOC that she was not in a relationship with Miller, that she was moving to a place where he could not find her, and that she would call the police if she saw him. Miller's mother also verified in writing that he was sleeping at her home, though it turns out that he was actually living with Patricelli. The question this case presented for the Washington Supreme Court’s review was whether DOC was liable for Patricelli's death, despite Patricelli's, Miller's, and his mother's active and successful efforts to prevent DOC from knowing that Miller was in contact with Patricelli. The parties agree that DOC had a duty to supervise Miller while he was on probation and that DOC was not liable unless its supervision constituted “gross negligence.” The parties disagreed on whether DOC’s actions rose to the level of gross negligence. The trial court dismissed on summary judgment, finding the DOC’s failure to take additional steps to verify Patricelli’s statement’s or Miller’s housing arrangements could qualify as gross negligence. The Supreme Court reversed the Court of Appeals and affirmed the trial court's order granting summary judgment for DOC. Tricia Patricelli’s Estate failed to produce sufficient evidence to raise a genuine issue of material fact on the question of gross negligence. View "Harper v. Washington" on Justia Law

The Washington Supreme Court was presented an issue of first impression: whether Washington should adopt the "apparent manufacturer" doctrine for common law product liability claims predating the 1981 product liability and tort reform act (WPLA). By this opinion, the Court joined the clear majority of states that formally adopted the apparent manufacturer doctrine. Applying that doctrine to the particular facts of this case, the Court held genuine issues of material fact existed as to whether a reasonable consumer could have believed Pfizer was a manufacturer of asbestos products that caused Vernon Rublee's illness and death. The Court reversed the court of appeals and remanded this case for further proceedings. View "Rublee v. Carrier Corp." on Justia Law

Former foster children brought a case against the Department of Social and Health Service (DSHS) alleging negligence in failing to protect them from the tortious or criminal acts of their foster (and later, adoptive) parents. At the close of evidence, the trial court granted the Department's CR 50 motion and dismissed the children's claims of negligence concerning the preadoption-foster care period. The Court of Appeals reversed, holding DSHS owed them a common law duty to protect dependent foster children from foreseeable harm based on the special relationship between DSHS and such children. The Washington Supreme Court agreed with this reasoning, and remanded for trial on the children's preadoption claims. View "H.B.H. v. Washington" on Justia Law

In 2012 and 2013, petitioners submitted permit applications to the San Juan County Department of Community Development. The county code listed 19 items that a party must submit to complete an application, one of which is paying "[t]he applicable fee." Petitioners paid the applicable fees, and the permits were issued. On March 18, 2015, almost three years later, petitioners filed this lawsuit, seeking a partial refund of the fees they now characterized as "illegally excessive" in violation of RCW 82.02.020. They sought certification as a class action lawsuit for everyone who paid San Juan County for consideration of land use and building permits, modifications, or renewals during the preceding three years. Petitioners requested a declaratory judgment, payment to the putative class reaching back three years for any amount found to be an overcharge, and attorney fees. The trial court dismissed the suit, finding the Land Use Petition Act (LUPA) governed, and a failure to file suit within 21 days barred the action. Finding no reversible error, the Washington Supreme Court affirmed dismissal. View "Cmty. Treasures v. San Juan County" on Justia Law

This matter involved two unrelated juveniles, E.H. and S.K.-P. in unrelated dependency proceedings. R.R., E.H.;s mother, and S.K.-P. both challenged the validity of RCW 13.34.100's discretionary standard for appointment of counsel for children in dependency proceedings, and sought instead a categorical right to counsel for all children in dependency proceedings. The Washington Supreme Court consolidate these cases to address that issue. The Supreme Court determined RCW 13.34.100(7)(a) was adequate under the Washington Constitution, and that the trial court did not abuse its discretion in denying a motion to appoint counsel. In light of GR 15, the Supreme Court held confidential juvenile court records remain sealed and confidential on appeal, and granted a joint motion to seal records in these matters. View "In re Dependency of E.H." on Justia Law

Christopher Belling was forced to litigate to receive workers' compensation. The Employment Security Department sought to share in his award. Under some circumstances, when a person is forced to litigate to recover an award, others who seek to share in that award must also share in attorney fees. Under RCW 50.20.190, when a person receives both unemployment and workers' compensation benefits, the unemployment benefits must be repaid. The statute allows for situations when "equity and good conscience" makes repayment unfair under the circumstances. The Washington Supreme Court held in this case, the Department has to consider whether equity and good conscience required it to share in Belling's attorney fees as part of its large consideration of whether it would be fair to partially waive reimbursement of overpaid benefits under RCW 50.20.190(2). Given the case presented to the Department, the Supreme Court could not say the Department erred in declining to reduce reimbursement to account for Belling's attorney fees and costs. View "Belling v. Emp't Sec. Dep't" on Justia Law

David Martin's employment with Gonzaga University was terminated. He sued, alleging he was wrongfully discharged because of whistle-blowing, and asserted a private cause of action under RCW 49.12.250 for an alleged violation of the statute's requirement he be provided with his complete personnel file. Gonzaga successfully moved for summary judgment, dismissing the case, and the Court of Appeals affirmed dismissal of the wrongful discharge, but remanded the personnel file claim for further findings of fact. The issue this appeal presented for the Washington Supreme Court's review centered on whether the Court of Appeals applied the proper test to Martin's whistle-blower claim. The Supreme Court determined the appellate court applied the incorrect standard, and that the personnel file claim was not yet justiciable. So the Supreme Court affirmed dismissal of the whistle-blower claim, and reversed the personnel file claim, finding Gonzaga was entitled to summary judgment on both claims. View "Martin v. Gonzaga Univ." on Justia Law

The Washington civil forfeiture statute allows law enforcement agencies to seize and take ownership of property that had a sufficient factual nexus to certain controlled substance violations; if law enforcement cannot prove the forfeiture is authorized, the claimant would be entitled to have the property returned and receive reasonable attorneys' fees incurred to get the property back. This case presented two issues of first impression for the Washington Supreme Court regarding the attorney fee provision of the statute: (1) who qualifies as a claimant when the property at issue is owned by a corporation; and (2) is a substantially prevailing claimant's fee award strictly limited to fees incurred in the forfeiture proceeding itself? The Court held: (1) a corporate shareholder who did not file a claim in the forfeiture case is not a claimant and cannot recover fees pursuant to the statute's plain language; and (2) the award is not strictly limited to fees incurred in the forfeiture proceeding itself - the statute gives courts discretion to award fees from the related criminal case if reasonably incurred for the primary purpose of resisting the forfeiture. View "Olympic Peninsula Narcotics Enf't Team v. Junction City Lots 1 through 12 Inclusive" on Justia Law

The central issue in this case was whether the administrative exhaustion rule found in the Land Use Petition Act (LUPA) applies to all tort claims that arise during the land use decision-making process. In late 2009, Maytown purchased real property in Thurston County, Washington from the Port of Tacoma (Port) for the express purpose of operating a mine. The property came with an approved 20-year special use permit (permit) from Thurston County (County) for mining gravel. Maytown and the Port claimed the County's board of commissioners (Board) succumbed to political pressure from opponents to the mine and directed the County's Resource Stewardship Department to impose unnecessary procedural hurdles meant to obstruct and stall the mining operation. Because the property had been designated by the County as "mineral land of long term commercial significance," the County was obligated to balance the protection of the mineral land with the protection of critical areas. Other issues raised by this case centered on whether the evidence was sufficient to support the jury's finding of a substantive due process violation 42 U.S.C. 1983; whether an aggrieved party can recover prelitigation, administrative fora attorney fees intentionally caused by the tortfeasor under a tortious interference claim; and, whether the Court of Appeals erred in awarding a request under RAP 18.1(b) for appellate attorney fees that was not made in a separate section devoted solely to that request. The Washington Supreme Court affirmed the Court of Appeals on all but the third issue raised: the tortious interference claims pled in this case did not authorize recovery of prelitigation, administrative fora attorney fees. The Supreme Court therefore affirmed in part, and reversed in part. View "Maytown Sand & Gravel, LLC v. Thurston County" on Justia Law

Sheila Rosenberg was invited to the home of Igor Lukashevich, her high school basketball coach. Lukashevich drank shots of vodka with Rosenberg, then shortly after leaving Lukashevich's home, Rosenberg was killed along with her boyfriend in a car accident. Michele Anderson, Rosenberg's mother sued Lukashevich's employer Soap Lake School District, but the trial court determined she failed to present sufficient evidence to support her claims. Therefore, the Washington Supreme Court concluded the trial court properly granted summary judgment to the school district. View "Anderson v. Soap Lake Sch. Dist." on Justia Law