Civil Litigation Law Blog

In Thompson v. Hanson, --- P.3d ---- (2009) the Supreme Court made it easier to reverse fraudulent conveyances – at least in the Eastern Division of Washington State.

Under Washington's Uniform Fraudulent Transfer Act (UFTA), chapter 19.40 RCW, creditors have a cause of action against transferees who received fraudulently conveyed property of debtors. Division III added (“read in”) the requirement that there be intent to... Read More

Many causes of actions were invented by courts and are part of the unwritten common law. Negligence and negligent misrepresentation are examples of these court-made laws. To prove negligence the plaintiff must prove that the defendant owed a duty to the plaintiff. If the duty arises because there is a contract between the parties, courts have held that the plaintiff can only bring an action for breach of contract. A negligence action is not allowed. This is called the... Read More

Weber v. Associated Surgeons, P.S., 206 P.3d 671, 2009 WL 1241275 (Wash. May 07, 2009) (NO. 82163-1)

The defendant doctor was the registered agent of the defendant doctor’s former medical corporation. The Court of Appeals held that the practice manager of the new medical corporation for which the registered agent worked could not accept service for the defendant doctor in his capacity as registered agent of the former medical corporation... Read More

Ledcor Industries (USA), Inc. v. Mutual of Enumclaw Ins. Co., --- P.3d ----, 2009 WL 1191783 (Wash.App. Div. 1 May 04, 2009) (NO. 59705-1-I)

Ledcor Industries (USA), Inc. alleged Mutual of Enumclaw (MOE) MOE failed to promptly accept Ledcor's tender of defense as an additional insured on its subcontractor's policy and failed to investigate or indemnify Ledcor resulting in liability for bad faith, breach of contract, and violations of the... Read More

Vance v. XXXL Development, LLC, --- P.3d ----, 2009 WL 1202596 (Wash.App. Div. 2 May 05, 2009) (NO. 37503-6-II)

In 1988, Vance bought a house in Longview, Washington for $205,000. In 2006, XXXL sought approval for a residential development just to the north of Vance's property. It constructed a retaining wall two feet from Vance's property line. The concrete block wall is approximately 25 feet high and more than 100 feet long.

Hollenback v. Shriners Hospitals for Children, --- P.3d ----, 2009 WL 1152042 (Wash.App. Div. 3 Mar 17, 2009) (NO. 26626-5-III)

In 1996, Cheryl Hollenback was hired as an at-will employee by Shriners Hospitals for Children in Spokane, Washington. At the time she was terminated in 2006, Ms. Hollenback held the position of Director of Patient Care Services, one of three top management positions at Shriners. Ms. Hollenback reported... Read More