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Litigation

HeadsUp for Washington State: Court Opinions From Monday, May 4, 2015

Monday, May 4, 2015

To view the full text of these opinions, please click here. Lexis.com® and Lexis Advance® subscribers may use the links below to access the cases on lexis.com and Lexis Advance.

Division One of the Court of Appeals filed 2 new published opinions on Monday, May 4, 2015:

1. Baseball Club of Tacoma v. SDL Baseball Partners, LLC
No. 71792-8       
(May 4, 2015)
2015 Wash. App. LEXIS 967 (lexis.com)

2015 Wash. App. LEXIS 967 (Lexis Advance)

Areas: BUSINESS AND COMMERCIAL LAW; GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW; PERSONAL INJURY AND INSURANCE LAW

Brief: After purchasing the Tacoma Rainiers minor league baseball team from the defendants, the plaintiff filed a complaint alleging, among other things, breach of contract and fraud. The defendants filed several counterclaims and third party claims. The plaintiff responded with a special motion to strike the claims under Washington's anti-SLAPP statute. The trial court granted the motion, concluding that the counterclaims and third party claims “tread” on the plaintiff's complaint. The Court of Appeals reverses and remands with instructions to reinstate the defendants' counterclaims and third party claims, holding that the plaintiff failed to establish that the defendants' counterclaims were “based on” protected activity because the thrust or gravamen of the counterclaims and third party claims relies primarily on alleged prelitigation conduct, rather than the plaintiff's complaint.

2. Larson v. Kyungsik Yoon
No. 71561-5       
(May 4, 2015)
2015 Wash. App. LEXIS 966 (lexis.com)

2015 Wash. App. LEXIS 966 (Lexis Advance)

Areas: COURTS; PERSONAL INJURY AND INSURANCE LAW

Brief: Jurisdiction over a Korean resident could not be obtained through use of the methods of service of process allowed for in Washington's nonresident motorist act, RCW 46.64.040. 

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