From Self-Service to “Reasonable Foreseeability:” the Eight-Year Journey of Johnson v. Washington State Liquor & Cannabis Board
9/20/2023
Mike Throgmorton, Law, Lyman Daniel Kamerrer & Bogdanovich
When it landed on my desk in November of 2015, Johnson v. Washington State Liquor and Cannabis Board was as inauspicious as any of the other dozen or so cases I inherited on my first day in the Torts Division of the Attorney General’s Office.
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Washington Contractors Be Wary: One-Year Warranty Limitations Are Unconscionable
by: Natasha A. Khachatourians, Betts Patterson Mines, P.S.

9/20/2023

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In late October 2022, in a narrow 5-4 decision, Washington’s Supreme Court struck another blow to general contractors—this time hitting them with a ruling holding that a one-year limitation period to file a lawsuit under a residential construction contract is “substantively unconscionable” and “void and unenforceable.”
Hypothesis and Predictions – The Scientific Method in Claims and Litigation
by: Wade Lanning, Ph.D., Senior Engineer, ARCCA Inc.

9/20/2023

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The collaboration between an attorney and an investigator comes with challenges, particularly when it comes to communication between experts and non-experts.
Henderson v. Thompson – Shifting the Burden of Proving Racial Bias
by: Peter C. Nierman, Forsberg & Umlauf, P.S.

7/1/2023

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In Henderson v. Thompson, 200 Wn.2d 417, 518 P.3d 1011 (2022), the Washington Supreme Court held that once a prima facie showing of racial bias has been made at a civil trial, the party claiming bias is entitled to an evidentiary hearing on a motion for new trial, where the burden of disproving racial bias falls on the party seeking to preserve the verdict. While the right to an impartial jury is critical to our justice system, the Court’s decision in Henderson begs the question of what arguments a defense attorney can make that will not trigger a presumption that racial bias played a role in a jury’s verdict.