Posts in Law Explained
Washington might finally change its appalling racist wrongful death law

Because HaRam Kim was a single adult with no children, just starting her life in college, and because her parents did not live in the United States, the loss of her as a person is worth nothing under current Washington law. In contrast, the sons of Claudia Derschmidt, killed on the same bus and in the same crash, could make a claim for the loss of their mother.

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Excluding Defense Experts Wickizer and Partin, By Andrew Ackley and Garth Jones

By Andrew Ackley and Garth L. Jones

Published in the July/August edition of WSAJ Trial News.

For years, plaintiffs’ attorneys have routinely asked their opponents to admit the reasonableness of the amounts billed for an injured party’s medical and household expenses. And for years, the defense bar has routinely admitted such bills, unless there was a specific problem with a bill that warranted a denial or an objection.

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WA Supreme Court Affirms No Emotional Distress Damages for Tenant Relocation

In a previous post I addressed the limitations on tenants’ legal remedies against landlords.  Today the Washington Supreme Court unanimously found that “actual damages” under RCW 59.18.085 does not include emotional distress damages in connection with tenant relocation from a condemned dwelling.  The Court’s decision is based on its interpretation of the legislative intent of the Residential Landlord Tenant Act (“RLTA”).

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Why Criminal Assailants Are Not At “Fault” in a Business Premises Case

One of the most commonly misunderstood areas of tort law, including within the legal community,  is the issue of the fault of the assailant.  When a plaintiff files a lawsuit alleging that the business failed to use reasonable care to protect a customer from foreseeable criminal conduct, at the surface level it seems logical that the criminal should share blame.  But that is not the case.

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Tenant Rights in Washington

Tenants in disputes with landlords are one of the most underserved populations in need of legal services.  Landlords can afford to hire attorneys and attorneys are attracted to repeat clients.  Tenants, on the other hand, are far less likely to need legal services again, and their claims are typically not large enough to entice lawyer involvement.

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