Supreme Court Calendar

9:00 A.M.

Olympia

January 28, 2010

THREE CASES ONLY — TWO CASES IN A.M. – ONE IN P.M.

Case No. 1 - 82311-1

COUNSEL

MICHAEL BROOM, et al.
     v.
MORGAN STANLEY DW INCORPORATED,
et al.

Kevin Sullivan/Michael Schein

Michael Garone/Thomas Dulcich
 & Stephanie Pennix Berntsen

SYNOPSIS: Is facial legal error a valid ground for vacating a private arbitration award? If so, does Washington law authorize arbitrators to apply state statutes of limitations to bar a party’s claims?

Case No. 2 – 82476-2

COUNSEL

CITY OF ABERDEEN
     v.
FRANCIS JAMES REGAN

Eric Nelson

Eric Nielsen/David Koch

SYNOPSIS: When a probation condition reads, “No criminal violations of law or alcohol related infractions” and the probationer is charged with a crime, may a court revoke probation even if the probationer is acquitted of the crime? Does the rule of lenity apply to probation conditions?


1:30 P.M.

Case No. 3 – 82659-5

COUNSEL

JULIANNE McGUIRE
     v.
ROBERT BATES; B&H CONSTRUCTION
SERVICES, INC.

James Hoogestraat

Philip Buri/Rolf Beckhusen, Jr.

SYNOPSIS: Did a defendant’s offer to settle “all claims” for $2,180 include attorney fees, thereby precluding a plaintiff who accepted the offer from seeking more than $6,000 in attorney fees when the settlement was reduced to judgment? If not, was the plaintiff a “prevailing party” entitled to attorney fees?

These summaries are not formulated by the Court and are provided only for the convenience of the public.

 

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