Articles Posted in Washington Supreme Court

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In 2006, the Washington legislature enacted legislation establishing a state health technology assessment program. Part of that legislation formed the Health Technology Clinical Committee ("HTCC") as an independent committee to judge selected medical technology and procedures by their safety, efficacy, cost-effectiveness, and health outcomes. In 2010, the HTCC began its review of a controversial procedure - femoroacetabular impingement (FAI) syndrome hip surgery. Michael Murray sustained a hip injury while at work in August 2009. L&I allowed his claim and provided medical treatment. Murray's physician, Dr. James Bruckner, asked the Washington Department of Labor and Industries ("L&I") to authorize surgery regarding Murray's hip condition, FAI syndrome. L&I denied payment for FAI surgery because the HTCC disallowed coverage for that procedure. Dr. Bruckner performed the surgery on Murray without authorization from L&I. The FAI surgery purportedly successfully rehabilitated Murray's hip injury. Murray appealed L&I's decision denying payment for the surgery to the Board of Industrial Insurance Appeals (Board or BIIA), which affirmed L&I. Murray appealed to the superior court, which affirmed the Board. Murray appealed to the Court of Appeals, which affirmed the superior court. Murray then petitioned the Washington Supreme Court, which reversed. The Supreme Court "harmonized" the HTCC legislation with the Industrial Insurance Act, and in doing so, determined that applying L&I's Medical Aid Rules, HTCC determinations were one of several sources of information L&I used to make medical coverage decisions. "While HTCC determinations are given considerable weight, the Medical Aid Rules do not afford such determinations preclusive effect. Under Medical Aid Rules, L&I, not the HTCC, remains responsible for medical treatment coverage decisions. Accordingly, such Department medical coverage decisions are then subject to review before the BIIA and in superior court, pursuant to chapter 51.52 RCW." Murray's reimbursement claim to L&I was remanded for further proceedings. View "Murray v. Dep't of Labor & Indus." on Justia Law

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A trial court granted summary judgment in favor of Microsoft Corporation after Dawn Cornwell, a former employee, alleged the company retaliated against her. While working for Microsoft, Cornwell believed that her then-supervisor was discriminating against her on the basis of sex, engaging in romantic favoritism, and taking retaliatory action against her. She hired an attorney and settled the case with Microsoft.The settlement was confidential, and Cornwell was no longer required to work under her then-manager, Todd Parsons. Seven years later, Cornwell's new manager, Mary Anne Blake, asked Cornwell to mentor under another Microsoft employee. After learning that the employee reported to Parsons, Cornwell told Blake that she could not mentor under the employee. Blake asked Cornwell why, and Cornwell responded that it was because she had filed a "lawsuit" against Microsoft and could not report to Parsons. Cornwell also told Blake that the suit involved a review score issue and was confidential. Blake sought more information about the lawsuit from human resources and her direct supervisor, Nicole McKinley. Human resources did not have any information on file about the lawsuit and promised to follow up on the issue. Shortly after Cornwell told her about the suit, Blake conducted a mandatory performance review of Cornwell. Though Cornwell previously received high scores in her reviews, at this particular review, she received the lowest possible score. Human resources told Blake to not inform Cornwell of her review score "unless she asked about it." Cornwell would be laid off as part of a larger reduction in force. Cornwell did not learn about her low score until several years later when she was told that she could not be rehired at Microsoft because her final performance rating was so poor. Based on these events, Cornwell filed suit against Microsoft, alleging retaliation in violation of the Washington Law Against Discrimination. The Washington Supreme Court found Cornwell presented sufficient evidence to survive summary judgment on the issues of knowledge and causation, reversed the Court of Appeals and remanded the case to the trial court for further proceedings. View "Cornwell v. Microsoft Corp." on Justia Law

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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

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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

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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

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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

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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

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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

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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

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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