9:00 A.M.

Olympia

Tuesday, January 29, 2002

Case No. 1 - 71070-8

COUNSEL

State of Washington,
     v.
Donald Theodore Townsend

Kevin Korsmo

Paul Wasson

SYNOPSIS: Whether the Privacy Act, chapter 9.73 RCW, applies to e-mail and real-time computer communications, and if so, whether the defendant in this criminal prosecution impliedly consented to the recording of his communications.

Case No. 2 - 71071-6

COUNSEL

Robert E. Besel,
     v.
Viking Insurance Company Of Wisconsin, a foreign insurer

Michael Riccelli

James King

SYNOPSIS: Whether a settlement between an insured tortfeasor and his injured victim, approved by a trial court as reasonable under the factors enumerated in Chaussee v. Maryland Cas. Co., 60 Wn. App. 504, 803 P.2d 1339, 812 P.2d 487 (1991), binds the insurer in a subsequent suit brought by the victim (as assignee of the insured) alleging insurer bad faith.

Case No. 3 - 71099-6

COUNSEL

Right-Price Recreation, L.L.C., a Washington limited liability company,
     v.
Connells Prairie Community Council, Pierce County Rural Citizens Association, et al.

Matthew Sweeney

Sharon Lee Gain
Michael Gendler
Shawn Newman

SYNOPSIS: Whether the Court of Appeals, having granted discretionary review of an order compelling discovery in this action for slander and commercial disparagement, tortious interference, and civil conspiracy, should also have reviewed a prior order denying a motion to dismiss that was not designated in the notice for discretionary review.

Case No. 4 - 71188-7

COUNSEL

State of Washington,
     v.
Jeremy Mark Read

Douglas Shae

David Koch

SYNOPSIS: Whether the constitutional standard for harmless error applies to a constitutional evidentiary error made in a criminal bench trial.