Tuesday, May 22, 2012
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Division Two of the Court of Appeals announced the publication of 1 previously unpublished opinion and Division Three filed 2 new published opinions on Tuesday, May 22, 2012:Division Two:Stiles v. KearneyNo. 41289-6 (filed February 29, 2012; ordered published May 22, 2012)2012 Wash. App. LEXIS 434Areas: COURTSPERSONAL INJURY AND INSURANCE LAWBrief: The trial court did not err in imposing CR 11 and RCW 4.84.185 sanctions in this frivolous defamation action. Moreover, the appeal is frivolous and the defendant is entitled to reasonable attorney fees on appeal.Division Three:1. Rose v. Anderson Hay and Grain Co. No. 30545-7(May 22, 2012)2012 Wash. App. LEXIS 1201Areas: CRIMINAL LAWBrief: The trial court properly dismissed the plaintiff’s action against his former employer for unlawful employment termination in violation of state public policy arising from alleged violations of 49 U.S.C. § 31105 based on the plaintiff’s failure to exhaust administrative remedies under federal law.2. A&W Farms v. Cook No. 67030-1 (May 22, 2012)2012 Wash. App. LEXIS 1209Areas: BUSINESS AND COMMERCIAL LAWPROPERTY AND LAND USE LAWBrief: The Court of Appeals affirms the trial court’s supplemental proceedings order concluding that the defendants engaged in a fraudulent property transfer to avoid paying the plaintiff, a judgment creditor. The Court rejects the transferor’s arguments that (1) the trial court lacked subject matter jurisdiction, (2) the plaintiff’s action was barred by the statute of limitations, and (3) sealed evidence was wrongly entered ex parte, and the transferee’s arguments that (1) she was a vulnerable adult unable to participate in a fraudulent transfer and (2) the trial court erred in quieting title in the transferor’s name when she was the purchaser of the property.
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