In a Washington negligence case, the plaintiff must prove the defendant breached a duty of care and that the breach was the proximate cause of the plaintiff’s injury. Generally, there is not a duty for one person to prevent someone else from causing injury to another person, but there may…
Under Washington rules of criminal procedure, a court may dismiss a criminal prosecution due to arbitrary action or governmental misconduct if the accused rights have been prejudiced and his or her right to a fair trial has been materially affected. CrRLJ 8.3(b) and CrR 8.3(b). Washington case law has held…
When a Washington civil protection order is in place, any contact with the protected party could result in a charge for a violation of the order. In a recent case, a defendant challenged his conviction for violation of a no contact order, claiming the state did not prove he knowingly…
The public often hears about due process violations in schools and universities after an accused student files a Title IX claim in federal court. It is important to remember, though, that there may be an internal appeals process as well as an opportunity to appeal to Washington state court when…
A trial court in a Washington divorce generally has broad discretion in the disposition of property and debts. Once the court enters the dissolution decree, though, it generally may not modify the property division unless there are conditions justifying the reopening of a judgment. The court may, however, correct clerical…
Generally, a police officer needs a warrant to seize a person suspected of a crime. There are some exceptions to the warrant requirement, including the Terry stop. Terry allows an officer to briefly stop and question someone if the officer had reasonable suspicion of criminal activity. The officer’s suspicion must…
A DUI in Washington is generally a gross misdemeanor, but it can be elevated to a felony if the defendant has three prior offenses, as defined under the statutes within the past 10 years. RCW 46.61.502. RCW 46.61.5055 sets out which convictions qualify as prior offenses, including reckless driving if…
A person who has experienced domestic violence may seek a protection order with the assistance of a Seattle civil protection order lawyer. Courts may order a protection order based upon violence against a child. Washington law does, however, recognize a parent’s right to physically discipline his or her child, as…
The Sixth Circuit recently weighed in on a circuit split involving a school’s liability for its response to sexual harassment. While this does not directly affect Washington Title IX cases, it shows the contrasting interpretations of Title IX throughout the country. Four female students filed suit against a University, alleging…
Unfortunately, in some cases, a Washington car accident victim’s biggest adversary may be his or her own insurance company. Washington automobile insurers must offer personal injury protection (PIP) coverage to their policyholders. PIP provides no-fault coverage for the insured’s medical expenses arising from an automobile accident. Insurers must conduct a…