Real Estate Litigation Category Archives

Court of Appeals Clears Way to Challenge Land Use Decisions in Far-Flung Courts

A recent decision by Division Three of the Washington Court of Appeals has cleared the way for parties to challenge local land use decisions anywhere in the state, regardless of where the underlying property is located.  In Glenrose Ass'n v. Spokane Cty., No. 38376-8-III, 2022 Wash. App. LEXIS 1171 (Ct. App. June 7, 2022), a three-judge panel reversed the ...

A recent decision by Division Three of the Washington Court of Appeals has cleared the way for parties to challenge local land use decisions anywhere in the state, regardless of ...

Division III Warns Potential Defendants: Denying a Clearly Valid Claim Could Mean You Owe Attorney’s Fees if You Get Sued

Since its adoption by the United States Supreme Court in 1796, the “American Rule” has been a bedrock principle of American law.1 The basis for the rule is the idea that it promotes access to the courts: potential litigants may be discouraged from pursuing their claims if losing would mean they had to pay the other side’s attorney’s fees. ...

Since its adoption by the United States Supreme Court in 1796, the “American Rule” has been a bedrock principle of American law.1 The basis for the rule is the idea ...

Venue Lies Where You Lay It: Strict Construction of Forum Selection Clauses in the Ninth Circuit

In this era of tightening federal budgets and periodic government shutdowns, there can be no guarantee that any particular federal courthouse will be open for business—or even in existence—at the time an agreement spawns litigation. Under a recent Ninth Circuit decision, such a closure could be more than inconvenient: it could cut off a party’s bargained-for access to federal ...

In this era of tightening federal budgets and periodic government shutdowns, there can be no guarantee that any particular federal courthouse will be open for business—or even in existence—at the ...

News: Initiative 91 Challenge Dismissed

On April 12, Judge Laura Middaugh dismissed an Initiative 91 challenge to the Memorandum of Understanding among the City of Seattle, King County and Chris Hansen's ArenaCo, providing another "assist" to the return of the NBA to Seattle. We are proud to be a part of this: we represented King County, and led the efforts to brief and argue the ...

On April 12, Judge Laura Middaugh dismissed an Initiative 91 challenge to the Memorandum of Understanding among the City of Seattle, King County and Chris Hansen's ArenaCo, providing another "assist" to ...