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Litigation

HeadsUp for Washington State: Court Opinions From Tuesday, July 21, 2015

  • Tuesday, July 21, 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 Two of the Court of Appeals filed 2 new published opinions and Division Three filed 1 new published opinion on Tuesday, July 21, 2015:

    Division Two:

    1. Olympic Tug & Barge, Inc. v. Dep't of Revenue
    No. 46102-1 
    (July 21, 2015)
    2015 Wash. App. LEXIS 1598 (lexis.com)

    2015 Wash. App. LEXIS 1598 (Lexis Advance)

    Areas: BUSINESS AND COMMERCIAL LAW; GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW

    Brief: The tugboat and barge operator was required to pay the higher public utility tax under RCW 82.16.020(1)(f) because the operator's activities did not fall under the business and occupation tax classification for stevedoring and associated activities set forth in RCW 82.04.260(7).

    2. Sunshine Heifers, LLC v. Dep't of Agric.
    No. 46322-9
    (July 21, 2015)
    2015 Wash. App. LEXIS 1599 (lexis.com)

    2015 Wash. App. LEXIS 1599 (Lexis Advance)

    Areas: BUSINESS AND COMMERCIAL LAW; GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW

    Brief: The Department of Agriculture's cattle inspections constitute a governmental function, rather than a proprietary function. Thus, the public duty doctrine precludes the Department's liability for its negligent cattle inspections.

    Division Three:

    Kovacs v. Dep't of Labor & Indus.
    No. 32473-7
    (July 21, 2015)
    2015 Wash. App. LEXIS 1657 (lexis.com)

    2015 Wash. App. LEXIS 1657 (Lexis Advance)

    Areas: EMPLOYMENT LAW; GOVERNMENT RELATIONS AND ADMINISTRATIVE LAW

    Brief: A plurality of the court held that the industrial insurance claim filed on September 29, 2011, for an injury that occurred on September 29, 2010, was time barred under RCW 51.28.050 because the one-year time bar of RCW 51.28.050 begins to run on the date an injury occurs; thus, the claim had to have been filed by September 28, 2011, to be timely. The language in RCW 51.28.050 is inflexible, and an untimely application for benefits is void ab initio. The time provisions of RCW 1.12.049 did not apply because RCW 51.28.050 was the more specific statute and there were no indications of legislative intent for the more general statute to control. For purposes of RCW 51.28.050, a year is a cycle in the Gregorian calendar having 365 or 366 days divided into 12 months beginning with January and ending with December. 

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