Justia Washington Supreme Court Opinion Summaries

Virginia Jepsen executed her last will and testament on July 1, 2009, and died on November 16, 2011. On December 20, 2011, the superior court admitted Jepsen's will to probate, declared the estate was solvent, and appointed Julie Miles as personal representative (PR) with nonintervention powers. On March 22, 2012, Jepsen's adult son, Mack, filed a petition contesting the validity of Jepsen's will. Mack's attorney e-mailed the petition to the PR's attorney the same day it was filed. There was nothing in the record showing that the PR affirmatively agreed to accept e-mail service on her attorney in lieu of personal service on the PR. On April27, 2012, the PR filed a response to Mack's petition, denying its substantive allegations but not raising any affirmative defenses. On October 31, 2012, the PR filed a motion to dismiss Mack's petition because it was not personally served within 90 days of filing. The trial court initially granted the PR' s motion but reversed itself on reconsideration, holding that service under RCW 11.24.010 went solely to personal jurisdiction and that any objection on that basis was waived. The PR appealed, and the Court of Appeals affirmed in an unpublished decision. The Supreme Court reversed, finding that the will contest petition was never personally served on the personal representative, so the action was therefore never fully commenced and should have been dismissed. View "In re Estate of Jepsen" on Justia Law

Rolando Reyes was committed to the custody of the Department of Social and Health Services (DSHS) following a determination that he was a sexually violent predator (SVP). On appeal, Reyes requested a new SVP commitment hearing, arguing that the trial court committed structural error by closing a pretrial hearing in violation of article I, section 10 of the Washington Constitution. The Court of Appeals rejected Reyes' argument and affirmed his commitment. The issue this case presented for the Supreme Court's review centered on whether a trial court commits structural error by closing a pretrial hearing in a civil proceeding without first conducting an "Ishikawa" analysis. The Court concluded it does not, and therefore affirmed. View "In re Det. of Reyes" on Justia Law

Petitioner Adrian Ozuna challenged the sufficiency of the evidence supporting his conviction for intimidating a former witness. Ozuna contended the jury impermissibly convicted him based only on a letter he wrote that authorities confiscated before it was delivered to anyone. In affirming his conviction, the Supreme Court concluded that a rational jury could have found Ozuna guilty of the crime based on the circumstantial evidence presented at trial. View "Washington v. Ozuna" on Justia Law

Petitioner David Carson appealed his conviction on three counts of first-degree child molestation. He argued he received ineffective assistance of counsel because his attorney objected to a "Petrich" instruction proposed by the State. The Supreme Court concluded defense counsel reasonably concluded that the proposed instruction's language, tailored as it was for use in single-count cases, would have been confusing and potentially prejudicial in Carson's multicount case. Under these circumstances, Carson could not establish deficient performance. Moreover, defense counsel's objection did not prejudice Carson because the prosecution's closing argument clearly elected the acts on which the State was relying. View "Washington v. Carson" on Justia Law

In 2005, Rickey Beaver was found not guilty by reason of insanity on a charge of residential burglary. The court found that Beaver suffered from a mental disease or defect and held that he posed a substantial danger to other persons and presented a substantial likelihood of committing criminal acts jeopardizing public safety or security unless kept under further control by the court. The court committed Beaver to Western State Hospital (WSH) and to the custody of the secretary of the Department of Social and Health Services. Beaver was granted a conditional release in 2007. Between 2007 and his final discharge in 2014, Beaver violated the terms of his conditional release several times. In 2011, Beaver petitioned for final discharge. WSH recommended Beaver's final discharge, but the Public Safety Review Panel (PSRP) opposed it. A jury trial was held, but before resting, Beaver voluntarily withdrew his petition. Beaver agreed that he continued to suffer from a mental illness that made him a threat to public safety, and stipulated to an agreed order of conditional release. On conditional release, Beaver violated the terms by using cocaine, drinking alcohol, and driving a motor vehicle, and by being charged with the crime of driving under the influence of alcohol. In 2013, the State successfully moved to revoke Beaver's conditional release. Beaver appealed the trial court's order revoking his conditional release, arguing that due process required a finding of current mental illness before the court could revoke his conditional release and recommit him to WSH. While this appeal was pending, Beaver filed a petition for final discharge under RCW 10.77.200(3). Based on agreement of the parties, Beaver was granted conditional release in October 2013. Then in May 2014, again based on agreement of the parties, Beaver was granted final discharge. Although the Court of Appeals found that the case was moot, it reviewed the merits and held that substantive and procedural due process did not require a judicial finding of current mental illness before the court could revoke conditional release. The issue this case presented for the Supreme Court's review centered on the appellate court's holding. Chapter 10.27 RCW, the statutory scheme that governed insanity acquittals, required the trial court find that a conditionally released insanity acquittee violated the conditions of release or posed a threat to the public to revoke an insanity acquittee' s conditional release. The Court found that the statute did not require the trial court make a finding regarding the acquittee's mental state at a conditional release revocation hearing. The Court therefore held that the statute satisfied due process and affirmed the Court of Appeals. View "Washington v. Beaver" on Justia Law

The jeopardy element of the tort for wrongful discharge against public policy and whether the administrative remedies available under the Surface Transportation Assistance Act of 1982 (STAA) were at issue in this case. This was one of three concomitant cases before the Washington Supreme Court concerning the "adequacy of alternative remedies" component of the jeopardy element that some of Washington cases seemingly embrace. The complaint here alleged that Anderson Hay & Grain Company terminated petitioner Charles Rose from his position as a semi-truck driver when he refused to falsify his drivetime records and drove in excess of the federally mandated drive-time limits. Rose had worked as a truck driver for over 30 years, the last 3 of which he worked as an employee for Anderson Hay. In March 2010, Rose sued under the STAA in federal court but his suit was dismissed for lack of jurisdiction because he failed to first file with the secretary of labor. Rose then filed a complaint in Kittitas County Superior Court, seeking remedy under the common law tort for wrongful discharge against public policy. The trial court dismissed his claim on summary judgment, holding that the existence of the federal administrative remedy under the STAA prevented Rose from establishing the jeopardy element of the tort. The Court of Appeals affirmed. The Supreme Court remanded the case back to the appellate court for reconsideration in light of "Piel v. City of Federal Way," (306 P.3d 879 (2013)). Like the statute at issue in Piel, the STAA contained a nonpreemption clause. On remand, the Court of Appeals distinguished Rose's case from Piel, and again affirmed the trial court's decision. Upon review, the Supreme Court addressed the cases the Court of Appeals used as basis for its decision, and held that adequacy of alternative remedies component misapprehended the role of the common law and the purpose of this tort and had to be stricken from the jeopardy analysis. The Court "re-embraced" the formulation of the tort as initially articulated in those cases, and reversed the Court of Appeals. View "Rose v. Anderson Hay & Grain Co." on Justia Law

Plaintiff Erika Rickman brought this suit against her former employer, Premera Blue Cross, for wrongful discharge in violation of public policy. Rickman alleged she was terminated in retaliation for raising concerns about potential violations of the federal Health Insurance Portability and Accountability Act of 1996, and its Washington counterpart, the Uniform Health Care Information Act (UHCIA). The trial court dismissed Rickman's suit on Premera's motion for summary judgment, concluding Rickman could not satisfy the jeopardy element of the tort because Premera's internal reporting system provided an adequate alternative means to promote the public policy. The Court of Appeals affirmed. The Washington Supreme Court granted review of this case and two others in order to resolve confusion with respect to the jeopardy element of the tort of wrongful discharge in violation of public policy. Consistent with its decisions in the other two cases, the Court held that nothing in Premera' s internal reporting system, nor in HIPAA or UHCIA, precluded Rickman's claim of wrongful discharge. The Court reversed the Court of Appeals but remanded for that court to address Premera's alternate argument for upholding the trial court's order of dismissal. View "Rickman v. Premera Blue Cross" on Justia Law

Respondent Gregg Becker began working for Rockwood Clinic PS, an acquired subsidiary of Community Health Systems (CHS) 1 as its chief financial officer (CFO) in February 2011. As a publicly traded company, CJ-IS is required to file reports with the United States Securities and Exchange Commission (SEC). As Rockwood's CFO, Becker was required by state and federal law to ensure that Rockwood's reports did not mislead the public, which also required his personal verification that the reports did not contain any inaccurate material facts or material omissions. In October 2011, Becker submitted to CHS' financial department an "EBIDTA," calculation. Becker was not told that when CHS acquired Rockwood, it represented to creditors that the acquisition would incur a $4 million operating loss. To cover the discrepancy, CHS' financial supervisors allegedly directed Becker to correct his EBIDTA to reflect the targeted $4 million loss. CHS did not provide a basis for its low calculation. Becker refused, fearing that the projection would mislead creditors and investors in violation of the Sarbanes-Oxley Act. The CEO made clear that Becker's refusal to do so put his position in jeopardy; Becker felt compelled to resign unless CHS responded to his concerns. CHS and Rockwood accepted Becker's resignation. CHS filed a CR 12(b)(6) motion to dismiss Becker's complaint for wrongful termination, contending that the jeopardy element of the tort had not been met because there were adequate alternative means to protect the public policy of honesty in corporate financial reporting. The Court of Appeals accepted review and determined that the jeopardy element had been satisfied because the alternative administrative enforcement mechanisms of SOX were inadequate and therefore did not foreclose common law tort remedies for employees. The Supreme Court's holding in "Rose v. Anderson Hay" instructed that alternative statutory remedies were to be analyzed for exclusivity, rather than adequacy. Under that formulation, neither SOX nor Dodd-Frank precluded Becker from recovery. The Court affirmed the trial court's denial of Community CHS' CR 12(b)(6) motion, and affirmed the Court of Appeals in upholding that decision upon certified interlocutory review. View "Becker v. Comm'y Health Sys., Inc.." on Justia Law

Adam Lewis challenged two portions of a Court of Appeals opinion denying him credit for time served awaiting trial on his burglary and assault charges. After the Washington Supreme Court granted review, the State conceded that Lewis was entitled to 387 days of additional time served. The Supreme Court accepted the State's concession, struck oral argument, and remanded this case back to the trial court for sentencing. View "Washington v. Lewis" on Justia Law

Washington orchardists Harold and Shirley Ostenson (collectively Ostenson) and California organic fruit broker Greg Holzman (d/b/a Greg Holzman, Inc. (GHI)) formed Pac Organic Fruit LLC (Pac-O) in 1998. The business operated from 1998 through 2004 but collapsed in 2005. During 2005, Pac-O defaulted on its operating line of credit and lease payments, Holzman fired Ostenson, and the bank foreclosed on the packing facility. Thereafter, Holzman, acting as Pac-O's agent, executed a demand promissory note in favor of GHI and transferred Pac-O' s assets to GHI to satisfy the note. In early 2007, Ostenson filed a voluntary chapter 11 bankruptcy petition. Later that year, a creditor of Pac-O, Northwest Wholesale Inc., filed this action against Pac-O, Ostenson, and GHI, alleging a fraudulent conveyance from Pac-O to GHI. Ostenson filed cross claims and/or third party claims against Pac-O, Holzman, GHI, and Total Organic LLC (another Holzman company). Ostenson claimed Holzman and his companies (collectively Holzman defendants or HDs) were as a derivative action on behalf of Pac-O. The trial court dismissed Northwest Wholesale's claims following a settlement. Thereafter, the only remaining claims were Ostenson's responsive claims against Pac-O (seven counts) and his derivative claim (count VIII) against HDs. The trial court: (1) rejected Ostenson's contention that HDs had waived a CR 41 motion by putting on evidence; (2) rejected Ostenson's contention that HDs had consented to the derivative action in the stipulation in Ostenson's bankruptcy proceeding; and (3) ruled that Ostenson relinquished membership in Pac-O with his bankruptcy filing. Ostenson moved for reconsideration, arguing for the first time that federal bankruptcy law preempted the Washington Limited Liability Company Act (WALLCA, chapter 25.15 RCW) regarding dissociation of LLC members upon filing bankruptcy. The trial court denied Ostenson's motion. Ostenson appealed, and Division Three affirmed. Upon review, the Supreme Court held that the dissociation provision found in RCW 25.15. 13 0(1)(d) was not preempted by federal bankruptcy law and affirmed the dismissal of the former LLC member's derivative claim under the facts of this case. View "Nw. Wholesale, Inc. v. Pac Organic Fruit, LLC" on Justia Law