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Litigation

HeadsUp for Washington State: Court Opinions From Monday, May 12, 2014

Monday, May 12, 2014 

To view the full text of these opinions, please visit: http://www.courts.wa.gov/opinions/index.cfm?fa=opinions.recent or Lexis subscribers may use the links below to access the cases on either lexis.com or Lexis Advance. 

Division One of the Court of Appeals filed 2 new published opinions on Monday, May 12, 2014:

1. State v. Fedorov
No. 69743-9
(May 12, 2014)
2014 Wash. App. LEXIS 1169 (lexis.com)

2014 Wash. App. LEXIS 1169 (Lexis Advance)

Areas: CRIMINAL LAW

Brief: The Court of Appeals affirms the second degree identity theft conviction, holding that (1) the passage of time and change of circumstances did not render the Miranda warnings stale, (2) the evidence sufficiently established that defendant used the name of a specific, real person with intent to commit a crime, (3) the court was not required to instruct the jury as to the specific crime defendant intended to commit, and (4) the court's reasonable doubt instruction properly stated the law.

2. Alexander v. Sanford
No. 69637-8
(May 12, 2014)
2014 Wash. App. LEXIS 1178 (lexis.com)

2014 Wash. App. LEXIS 1178 (Lexis Advance) 

Areas: BUSINESS AND COMMERCIAL LAW; COURTS; PROPERTY AND LAND USE LAW

Brief: The doctrine of adverse domination, which presumes for purposes of when a cause of action accrues that a corporate plaintiff cannot have notice of wrongdoing by directors when those directors are in control of the corporation, applies in Washington; moreover, the doctrine can apply to claims brought by individuals in lawsuits premised upon duties or obligations stemming from the Washington Condominium Act and can apply to all claims to which the discovery rule applies.

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