Supreme Court Issues

January Term 2014

• Attorney and Client—Malpractice—Elements—Damages—Collectibility of Judgment—Proof—Burden of Proof
• Bail and Recognizance—Cash Bail—“Cash or Other Security”—In Addition to Bail Bond—Validity
• Building Regulations—Land Use Regulations—Judicial Review—Land Use Petition Act—“Land Use Decision”—What Constitutes—Departmental Decision on Building Permit Application—Attorney Fees—“Prevailing” Party—Dismissal for Lack of Jurisdiction
• Civil Rights—Employment Discrimination—Proof—Burden of Proof—Shifting Burdens of Production—Plaintiff’s Second Burden—Pretext—Proof—Sufficiency
• Contracts—Modification—Unilateral Modification—Contractual Provision
• Covenants—Equitable Covenant—Equitable Servitude—Remedy—Restoration and Permanent Operation of Facility
• Criminal Law—Assault—Second Degree Assault—Elements—Reckless Infliction of Substantial Bodily Harm—Definitional Instruction—Validity
• Criminal Law—Crimes—Alternative Means of Committing Offense—First Degree Trafficking in Stolen Property
• Criminal Law—Evidence—DNA Typing—Postconviction Request—Demonstration of Innocence
• Criminal Law—Former Jeopardy—Multiple Convictions—Assault Committed in Course of Burglary and Rape—Vacation of Assault Conviction—Necessity—Antimerger Statute—Effect
• Criminal Law—Former Jeopardy—Multiple Convictions—Assault—Unit of Prosecution—Multiple Assaultive Acts—Same Victim—Short Time Span
• Criminal Law—Homicide—First Degree Murder—Premeditation—Proof—Sufficiency
• Criminal Law—Homicide—Self-Defense—Instruction—Sufficiency of Evidence—Ruling at End of State’s Case-in-Chief—Authority—Right to Remain Silent
• Criminal Law—Indictment and Information—Sufficiency—Unlawful Imprisonment—Restraint—Without Legal Authority—Knowledge—Necessity
• Criminal Law—Jury—Replacement of Juror—After Commencing Deliberations—Instruction—Begin Deliberation Anew—Failure to Instruct—Manifest Error
• Criminal Law—Lesser Degree Offense Instruction—Necessity—Harmless Error
• Criminal Law—Obstructing Law Enforcement Officer—Freedom of Speech—Conduct in Addition to Speech—Necessity
• Criminal Law—Punishment—Sentence—Credit for Presentence Confinement—Partial Confinement—Community Center Program
• Criminal Law—Punishment—Sentence—Criminal History—Foreign Offenses—Comparability—Terrorist Threats in California—Felony Harassment in Washington—Factual Comparability—Right to Jury
• Criminal Law—Punishment—Sentence—Financial Assessments—Review—Issue First Raised on Appeal
• Criminal Law—Punishment—Sentence—Outside Standard Range—Aggravating Circumstances—Domestic Violence—Ongoing Pattern of Abuse—Multiple Victims
• Criminal Law—Right to Counsel—Invocation—Sufficiency—Invocation of Right to Counsel Under Foreign Law
• Criminal Law—Searches and Seizures—Stop and Frisk—Protective Search or Seizure—Scope—Small Flashlight Case
• Criminal Law—Sexual Offenses—Luring—Elements—Enticement—Sufficiency of Evidence
• Criminal Law—Sexual Offenses—Rape—Forcible Compulsion—Consent Defense—Defendant’s Burden of Proof—Validity
• Criminal Law—Third Degree Assault—Criminal Negligence—Leaving Loaded Firearm Where it is Easily Found and Taken by a Child
• Criminal Law—Trial—Instructions—Elements of Charged Crime—Definitional Instruction—Law of the Case
• Criminal Law—Trial—Misconduct of Prosecutor—Argument
• Deeds of Trust—Nonjudicial Foreclosure—Failure to Comply with Deed of Trust Act—Trustee’s Presale Actions—Availability of Action for Damages
• Divorce—Child Custody—Parenting Plan—Restrictions on Parent’s Conduct—Validity
• Eminent Domain—Public Lands—State Lands—School Trust Lands—Whether Devoted to or Reserved for a Particular Use by Law
• Employment—Compensation—Damages for Nonpayment of Wages—“Rebate”—What Constitutes—Bonus Portion Deposited in Capital Account
• Indians—Jurisdiction—Civil Jurisdiction—State Court—Breach of Contract Claim—Consent to Jurisdiction—Waiver of Sovereign Immunity
• Industrial Insurance—Employer’s Immunity—Scope—Tort Claim—Intent To Injure—Asbestos Exposure—Actual Knowledge—Proof—Sufficiency
• Insurance—Duty to Defend—Determination—Delay Pending Discovery—Validity
• Liens—Foreclosure—Redemption—Qualification—Condominium Superpriority Lien—Effect—Statutory Amendment—Retroactivity
• Medical Treatment—Malpractice—Standard of Care—Instructions—Exercise of Judgment—Evidence—Sufficiency
• Pensions—ERISA—Federal Preemption—“Relating to” Employee Benefit Plan—Public Contracts—Contractor’s Bond—Right of Action—Employee Benefit Contributions
• Property—Property Rights—Right Under Statute or Local Ordinance—Procedural Due Process—Issuance of Building Permit—Notice to Adjacent Landowners—Necessity—Land Use Petition Act—21-Day Limitation Period—Action Alleging Deprivation of Civil Rights
• Securities Regulation—Torts—Choice of Law—“Seller”—Auditor—Courts—Jurisdiction—In Personam—Nonresidents—Long-Arm Jurisdiction
• Taxation—Estate Tax—Marital Deduction Trusts—QTIP Trusts—Statutes—Amendment—Retroactivity—Validity—Property Tax—Uniformity—Applicability
• Unemployment Compensation—Voluntary Termination—Good Cause—Marital or Domestic Requirements—Quitting Employment to Follow Spouse—Statutory Provisions—Reasonableness Requirement

Attorney and Client—Malpractice—Elements—Damages—Collectibility of Judgment—Proof—Burden of Proof

Whether in a legal malpractice action based on an attorney’s mishandling of a personal injury action, the plaintiff must prove that the underlying action was collectible in order to establish damages.

No. 88460-9, Schmidt (petitioner) v. Coogan, et ux., et al. (respondent). (1/23/14)

171 Wn. App. 602 (2012)

Bail and Recognizance—Cash Bail—“Cash or Other Security”—In Addition to Bail Bond—Validity

Whether requiring a criminal defendant to deposit with the court 10 percent of the bail amount in cash or other property, in addition to executing a bond to secure the bail, violates article I, section 20 of the Washington Constitution, which provides that criminal defendants “shall be bailable by sufficient sureties.”

No. 89390-0, State (respondent) v. Barton (petitioner). (3/13/14)

Building Regulations—Land Use Regulations—Judicial Review—Land Use Petition Act—“Land Use Decision”—What Constitutes—Departmental Decision on Building Permit Application—Attorney Fees—“Prevailing” Party—Dismissal for Lack of Jurisdiction

Whether a land use petition challenging a building permit was properly dismissed because the petitioner failed to timely seek administrative remedies, thus resulting in no “land use decision” subject to judicial review, and if so, whether attorney fees are available to the permit applicant as the prevailing party under RCW 4.84.370 where a land use petition is dismissed on procedural grounds.

No. 89293-8 (consol. w/89745-0), Durland, et al. (petitioners) v. San Juan County, et al. (respondents); Durland, et al. (petitioners) v. San Juan County, et al. (respondents) (see also Property—Property Rights—Right Under Statute or Local Ordinance—Procedural Due Process—Issuance of Building Permit—Notice to Adjacent Landowners—Necessity—Land Use Petition Act—21-Day Limitation Period—Action Alleging Deprivation of Civil Rights). (3/13/14)

175 Wn. App. 316 (2013)

Civil Rights—Employment Discrimination—Proof—Burden of Proof—Shifting Burdens of Production—Plaintiff’s Second Burden—Pretext—Proof—Sufficiency

Whether to avoid summary judgment the plaintiff in an employment discrimination suit who lacks direct evidence of discrimination must present evidence that the employer’s asserted nondiscriminatory reason for the challenged action was pretextual, and if so, whether the plaintiff in this case presented sufficient evidence.

No. 89377-2, Scrivener (petitioner) v. Clark College (respondent). (3/20/14)

176 Wn. App. 405 (2013)

Contracts—Modification—Unilateral Modification—Contractual Provision

Whether the University of Washington breached a contractual obligation under its faculty handbook to pay annual two percent merit salary raises to eligible faculty members when it suspended the raises during the 2009-10 academic year.

No. 88323-8, Storti (petitioner) v. Univ. of Wash. (respondent). (1/21/14)

Covenants—Equitable Covenant—Equitable Servitude—Remedy—Restoration and Permanent Operation of Facility

Whether an action seeking to restore the operation of a golf course in a residential community under principles of equitable servitude may be dismissed on summary judgment on the basis that the relief sought is too harsh.

No. 88575-3, Riverview Cmty. Grp. (petitioner) v. Spencer & Livingston, et al. (respondent). (1/23/14)

173 Wn. App. 568 (2013)

Criminal Law—Assault—Second Degree Assault—Elements—Reckless Infliction of Substantial Bodily Harm—Definitional Instruction—Validity

Whether in a prosecution for second degree assault based on the reckless infliction of substantial bodily harm, the jury instructions must define “recklessness” in terms of the defendant’s knowledge of and disregard of a substantial risk of inflicting substantial bodily harm, not just a substantial risk that a “wrongful act” may occur.

No. 88683-1, State (petitioner) v. Johnson (respondent) (see also Criminal Law—Indictment and Information—Sufficiency—Unlawful Imprisonment—Restraint—Without Legal Authority—Knowledge—Necessity). (1/21/14)

172 Wn. App. 112 (2013)

Criminal Law—Crimes—Alternative Means of Committing Offense—First Degree Trafficking in Stolen Property

Whether first degree trafficking in stolen property is an alternative means crime, such that the evidence in a prosecution for the crime must support all of charged means in order to ensure juror unanimity.

No. 88905-8, State (petitioner) v. Owens (respondent). (1/21/14)

Criminal Law—Evidence—DNA Typing—Postconviction Request—Demonstration of Innocence

Whether in considering a postconviction motion for DNA testing under RCW 10.73.170(2)(a)(ii)(b), the trial court must presume that the test results would be favorable to the convicted felon.

No. 88336-0, State (respondent) v. Crumpton (petitioner). (2/13/14)

172 Wn. App. 408 (2012)

Criminal Law—Former Jeopardy—Multiple Convictions—Assault Committed in Course of Burglary and Rape—Vacation of Assault Conviction—Necessity—Antimerger Statute—Effect

Whether, notwithstanding the burglary antimerger statute, RCW 9A.52.050, double jeopardy principles require vacation of a conviction for assault committed in the course of a burglary when the assault was also used to elevate the degree of a rape charge.

No. 88073-5, In re Pers. Restraint of Tili, Fonotaga F. Tili (petitioner); State (respondent). (1/21/14)

Criminal Law—Former Jeopardy—Multiple Convictions—Assault—Unit of Prosecution—Multiple Assaultive Acts—Same Victim—Short Time Span

Whether under double jeopardy principles the defendant was improperly convicted of two offenses, second and fourth degree assault, based on an incident in which the defendant head-butted the victim and then held her by the throat.

No. 89364-1, State (petitioner) v. Villanueva-Gonzalez (respondent). (3/18/14)

175 Wn. App. 1 (2013)

Criminal Law—Homicide—First Degree Murder—Premeditation—Proof—Sufficiency

Whether in a prosecution for aggravated first degree murder, evidence that the defendant brought a loaded handgun to a residence intending to commit robbery and wielded the gun when he kicked down the door was sufficient to prove premeditation.

No. 88854-0, State (petitioner) v. Condon (respondent) (see also Criminal Law—Lesser Degree Offense Instruction—Necessity—Harmless Error). (2/25/14)

Criminal Law—Homicide—Self-Defense—Instruction—Sufficiency of Evidence—Ruling at End of State’s Case-in-Chief—Authority—Right to Remain Silent

Whether the trial court in a murder prosecution violated the defendant’s right not to testify when it declined to rule at the end of the State’s case-in-chief whether the evidence supported giving a self-defense jury instruction.

No. 88945-7, State (respondent) v. Mendes (petitioner). (1/14/14)

Criminal Law—Indictment and Information—Sufficiency—Unlawful Imprisonment—Restraint—Without Legal Authority—Knowledge—Necessity

Whether an information charging unlawful imprisonment failed to state the elements of the crime because it did not allege that the defendant knew that his restraint of the victim was without legal authority.

No. 88683-1, State (petitioner) v. Johnson (respondent) (see also Criminal Law—Assault—Second Degree Assault—Elements—Reckless Infliction of Substantial Bodily Harm—Definitional Instruction—Validity). (1/21/14)

172 Wn. App. 112 (2013)

Criminal Law—Jury—Replacement of Juror—After Commencing Deliberations—Instruction—Begin Deliberation Anew—Failure to Instruct—Manifest Error

Whether the trial court in this criminal prosecution committed manifest constitutional error, reviewable for the first time on appeal, when it failed to instruct the jury to begin deliberating anew after a juror was replaced with an alternate.

No. 89060-9, State (petitioner) v. Lamar (respondent). (2/27/14)

Criminal Law—Lesser Degree Offense Instruction—Necessity—Harmless Error

Whether in a prosecution for aggravated first degree murder the trial court erred in refusing to instruct the jury on second degree murder as a lesser degree crime, and if so, whether the error was harmless because the jury found the defendant guilty of aggravated first degree murder rather than the alternative charge of first degree felony murder.

No. 88854-0, State (petitioner) v. Condon (respondent) (see also Criminal Law—Homicide—First Degree Murder—Premeditation—Proof—Sufficiency). (2/25/14)

Criminal Law—Obstructing Law Enforcement Officer—Freedom of Speech—Conduct in Addition to Speech—Necessity

Whether a defendant’s conviction for obstructing a law enforcement officer violated the defendant’s free speech rights when the conviction was based on the defendant’s verbal criticism of officers’ treatment of his sister outside his house and his refusal to stay in his house with the front door closed.

No. 88694-6, State (respondent) v. E.J.J. (petitioner). (2/27/14)

Criminal Law—Punishment—Sentence—Credit for Presentence Confinement—Partial Confinement—Community Center Program

Whether a criminal defendant’s presentence time spent participating in King County’s Community Center for Alternative Programs constituted “partial confinement” entitling the defendant to credit against his sentence.

No. 89147-8, State (respondent) v. Medina (petitioner). (2/25/14)

Criminal Law—Punishment—Sentence—Criminal History—Foreign Offenses—Comparability—Terrorist Threats in California—Felony Harassment in Washington—Factual Comparability—Right to Jury

Whether, for purposes of calculating the offender score for a criminal conviction, a prior California conviction for making terrorist threats was factually comparable to the Washington crime of felony harassment, and if so, whether the trial court’s examination of the facts of the foreign conviction to determine comparability violates the right to a jury trial.

No. 89134-6, State (respondent) v. Olsen (petitioner). (1/16/14)

175 Wn. App. 269 (2013)

Criminal Law—Punishment—Sentence—Financial Assessments—Review—Issue First Raised on Appeal

Whether the imposition of legal financial obligations may be challenged for the first time on appeal.

No. 89028-5 (consol. w/89109-5), State (respondent) v. Blazina (petitioner); State (respondent) v. Paige-Colter (petitioner). (2/11/14)

174 Wn. App. 906 (2013)

Criminal Law—Punishment—Sentence—Outside Standard Range—Aggravating Circumstances—Domestic Violence—Ongoing Pattern of Abuse—Multiple Victims

Whether a defendant’s prior convictions involving domestic violence, which were included in the defendant’s criminal history in calculating his offender score, may be considered in determining whether the defendant has engaged in a pattern of abuse against “multiple victims” so as to justify an exceptional sentence.

No. 88663-6, State (petitioner) v. Sweat (respondent). (1/16/14)

174 Wn. App. 126 (2013)

Criminal Law—Right to Counsel—Invocation—Sufficiency—Invocation of Right to Counsel Under Foreign Law

Whether a criminal suspect detained in Canada validly waived his right to counsel before questioning under Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966), after previously invoking his right to counsel under the Canadian Charter of Rights and Freedoms.

No. 88577-0, State (respondent) v. Trochez-Jimenez (petitioner). (1/16/14)

173 Wn. App. 423 (2013)

Criminal Law—Searches and Seizures—Stop and Frisk—Protective Search or Seizure—Scope—Small Flashlight Case

Whether a police officer conducting a traffic stop lawfully patted down a bicyclist for weapons, and if so, whether the officer unlawfully exceeded the scope of the search by retrieving a small flashlight case from the detainee’s person and opening it to see whether it contained a weapon.

No. 89253-9, State (respondent) v. Russell (petitioner). (2/27/14)

Criminal Law—Sexual Offenses—Luring—Elements—Enticement—Sufficiency of Evidence

Whether the evidence supported the defendant’s luring conviction when it showed that the defendant, while riding a bicycle past a nine-year-old boy, asked the boy if he wanted some candy and said he had some at his house.

No. 88339-4, State (petitioner) v. Homan (respondent). (1/16/14)

172 Wn. App. 488 (2012

Criminal Law—Sexual Offenses—Rape—Forcible Compulsion—Consent Defense—Defendant’s Burden of Proof—Validity

Whether requiring a defendant accused of rape by forcible compulsion to prove the defense of consent unconstitutionally relieves the State of its burden of proving all elements of the crime beyond a reasonable doubt.

No. 88341-6, State (respondent) v. W.R., Jr. (petitioner). (3/20/14)

Criminal Law—Third Degree Assault—Criminal Negligence—Leaving Loaded Firearm Where it is Easily Found and Taken by a Child

Whether a defendant may be prosecuted for third degree assault when his girlfriend’s child found his loaded handgun and took it to school, where it accidentally discharged and injured another child.

No. 88559-1, State (respondent) v. Bauer (petitioner). (1/14/14)

174 Wn. App. 59 (2013)

Criminal Law—Trial—Instructions—Elements of Charged Crime—Definitional Instruction—Law of the Case

Whether an instruction in a criminal prosecution defining the term “threat,” stating that the threat had to be made to a person present at the time, became the law of the case, requiring the State to prove that the threat was made as defined.

No. 89235-1, State (respondent) v. France (petitioner). (3/13/14)

Criminal Law—Trial—Misconduct of Prosecutor—Argument

Whether the prosecutor in a criminal trial committed prejudicial misconduct by disparaging defense counsel, accusing the defendant of lying, whispering to the jury during closing argument, and making arguments minimizing the State’s burden of proof and asking the jury to “speak the truth” in rendering a verdict.

No. 88437-4, State (respondent) v. Lindsay (petitioner); State (respondent) v. Holmes (petitioner). (2/11/14)

171 Wn. App. 808 (2012) Published in Part

Deeds of Trust—Nonjudicial Foreclosure—Failure to Comply with Deed of Trust Act—Trustee’s Presale Actions—Availability of Action for Damages

Whether a plaintiff may bring a claim for damages for violations of the Deed of Trust Act when no trustee’s foreclosure sale has been completed, and if so, what principles govern the claim under the Deed of Trust Act and the Consumer Protection Act.

No. 89343-8, Frias (plaintiff) v. Asset Foreclosure Servs., Inc., et al. (defendant). (2/27/14)

Certified Question from U.S. District Court, for the Western District of Washington at Seattle

Divorce—Child Custody—Parenting Plan—Restrictions on Parent’s Conduct—Validity

Whether the trial court properly imposed parenting plan conditions that gradually increased the father’s visitation time if he met certain conditions, including abiding by the child’s bedtime routine, having the child sleep in her own room, and limiting the presence of the father’s parents in order to promote his parenting skills.

No. 89093-5, Chandola (respondent) v. Chandola (petitioner). (3/18/14)

Eminent Domain—Public Lands—State Lands—School Trust Lands—Whether Devoted to or Reserved for a Particular Use by Law

Whether school trust lands managed by the Department of Natural Resources and leased for grazing purposes use may be condemned by a public utility district for an electrical power transmission line easement.

No. 88949-0, Pub. Util. Dist. No. 1 (respondent) v. State, et al. (petitioners). (2/25/14)

174 Wn. App. 793 (2013)

Employment—Compensation—Damages for Nonpayment of Wages—“Rebate”—What Constitutes—Bonus Portion Deposited in Capital Account

Whether depositing a portion of an employee’s discretionary annual bonuses into a capital account of a limited liability company constituted a “rebate” of “wages” in violation of the wage rebate act, chapter 49.52 RCW.

No. 88298-3, LaCoursiere (petitioner) v. CamWest Dev., Inc., et al. (respondents). (2/11/14)

172 Wn. App. 142 (2012)

Indians—Jurisdiction—Civil Jurisdiction—State Court—Breach of Contract Claim—Consent to Jurisdiction—Waiver of Sovereign Immunity

Whether the superior court had jurisdiction over an action for breach of a loan agreement against a tribal corporation on the basis of the corporation’s waiver of sovereign immunity in the agreement.

No. 88482-0, Outsource Servs. Mgmt., LLC (respondent) v. Nooksack Bus. Corp. (petitioner). (2/13/14)

172 Wn. App. 799 (2013)

Industrial Insurance—Employer’s Immunity—Scope—Tort Claim—Intent To Injure—Asbestos Exposure—Actual Knowledge—Proof—Sufficiency

Whether an employee’s personal injury action against his former employer for damages stemming from workplace asbestos exposure is exempt from the Industrial Insurance Act’s exclusive remedy provision on the basis that the employer deliberately intended the injury.

No. 88511-7, Walston, et ux. (petitioners) v. The Boeing Co., et al. (respondents). (2/13/14)

173 Wn. App. 271 (2013)

Insurance—Duty to Defend—Determination—Delay Pending Discovery—Validity

Whether the trial court erred in delaying ruling on an insurer’s duty to defend its insured from third-party lawsuits pending further discovery of facts relevant to the issue of coverage.

No. 88673-3, Expedia, Inc., et al. (petitioners) v. Steadfast Ins. Co., et al. (respondents). (3/13/14)

Liens—Foreclosure—Redemption—Qualification—Condominium Superpriority Lien—Effect—Statutory Amendment—Retroactivity

Whether a lender bank could redeem a condominium unit foreclosed upon for nonpayment of condominium assessments where the bank recorded its deed of trust before the condominium fees became delinquent, and if not, whether a 2013 amendment to RCW 6.23.010(1)(b) retroactively allows the bank to redeem the property.

No. 88853-1, BAC Home Loans Servicing, LP (petitioner) v. Fulbright (respondents). (2/11/14)

174 Wn. App. 352 (2013)

Medical Treatment—Malpractice—Standard of Care—Instructions—Exercise of Judgment—Evidence—Sufficiency

Whether in a medical malpractice action a jury instruction on a physician’s “exercise of judgment” may be given only if there is evidence that the physician made a conscious choice among competing medical diagnoses.

No. 88819-1 (consol. w/89192-3), Fergen, et al. (petitioners) v. Sestero, et al. (respondents); Appukuttan (appellant) v. Overlake Med. Ctr., et al. (respondents). (1/14/14)

174 Wn. App. 393 (2013)

Pensions—ERISA—Federal Preemption—“Relating to” Employee Benefit Plan—Public Contracts—Contractor’s Bond—Right of Action—Employee Benefit Contributions

Whether the federal Employment Retirement Income Security Act, 29 U.S.C. §1144(a), preempts an employee benefit trust from seeking satisfaction under state law of a subcontractor’s unpaid benefit contributions from a general contractor’s performance bond and retention fund.

No. 88080-8, W.G. Clark Constr. Co. (respondent) v. Pac. Nw. Reg’l Council of Carpenters, et al. (appellants). (1/14/14)

Property—Property Rights—Right Under Statute or Local Ordinance—Procedural Due Process—Issuance of Building Permit—Notice to Adjacent Landowners—Necessity—Land Use Petition Act—21-Day Limitation Period—Action Alleging Deprivation of Civil Rights

Whether in dismissing as untimely an administrative appeal of a building permit brought by adjacent landowners, the county violated the landownwers’ due process rights in failing to notify them of the permit decision, and if so, whether a civil rights action under 42 U.S.C. § 1983 relating to a land use decision is subject to the 21-day time limit of the Land Use Petition Act.

No. 89293-8 (consol. w/89745-0), Durland, et al. (petitioners) v. San Juan County, et al. (respondents); Durland, et al. (petitioners) v. San Juan County, et al. (respondents) (see also Building Regulations—Land Use Regulations—Judicial Review—Land Use Petition Act—“Land Use Decision”—What Constitutes—Departmental Decision on Building Permit Application—Attorney Fees—“Prevailing” Party—Dismissal for Lack of Jurisdiction). (3/13/14)

Securities Regulation—Torts—Choice of Law—“Seller”—Auditor—Courts—Jurisdiction—In Personam—Nonresidents—Long-Arm Jurisdiction

Whether the Washington State Securities Act governs this action against foreign corporations, whether under the facts alleged a defendant accounting firm can be held liable as a “seller” of securities under the act, and whether the superior court has specific personal jurisdiction over a defendant out-of-state parent corporation.

No. 89303-9, FutureSelect Portfolio Mgmt., Inc., et al. (respondents) v. Tremont Grp. Holdings, Inc., et al. (petitioners). (3/20/14)

175 Wn. App. 840 (2013)

Taxation—Estate Tax—Marital Deduction Trusts—QTIP Trusts—Statutes—Amendment—Retroactivity—Validity—Property Tax—Uniformity—Applicability

Whether a 2013 legislative amendment to the Washington estate tax code in response to In re Estate of Bracken, 175 Wn.2d 549, 290 P.3d 99 (2012), clarifying that the State may collect estate taxes on qualified terminable interest property, may constitutionally be applied retroactively, and whether imposition of the estate tax on such property violates article VII, section 1 of the state constitution.

No. 89419-1, (consol. w/89500-7), In re Estate of Hambleton, Helen M. Hambleton,
Deceased; Hambleton (respondent) v. Dep’t of Revenue (appellant); MacBride, et al.
(appellants) v. Dep’t of Revenue (respondent). (2/25/14)

Unemployment Compensation—Voluntary Termination—Good Cause—Marital or Domestic Requirements—Quitting Employment to Follow Spouse—Statutory Provisions—Reasonableness Requirement

Whether, for purposes of qualifying for unemployment benefits under RCW 50.20.050(2)(b)(iii), a claimant who quit his teaching position seven months before his spouse was to begin an academic fellowship in a foreign country remained employed as long as reasonable prior to the move.

No. 88772-1, Campbell (petitioner) v. Dep’t of Emp’t Sec. (respondent). (1/23/14)

174 Wn. App. 210 (2013)