Category: WA Superior Court

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WA State Declines to Adopt the Apex Doctrine

WA State Declines to Adopt the Apex Doctrine

In Washington State, have courts adopted the “apex doctrine” (hereinafter, “Apex Doctrine”)? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer | Terms of Use | Privacy Policy before proceeding.)

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THE APEX DOCTRINE: GENERALLY

Fundamentally, the Apex Doctrine is a legal principle that provides protection to certain high-ranking officials from being required to testify in depositions. It is acknowledged in different ways across various jurisdictions, leading to significant variations in its application; and not all jurisdictions have adopted it.

(Employment Law Tip: In Washington State, it’s not uncommon for employment-discrimination plaintiff’s to seek depositions of their employer’s relevant “high-ranking officials.”)

THE POLICY BEHIND THE DOCTRINE

The primary goal of the Apex Doctrine is to prevent undue harassment and misuse of the discovery process. It recognizes that adversaries may seek to leverage depositions of senior officials to gain an advantage in legal disputes, potentially disrupting their ability to perform their duties. By limiting the circumstances under which these officials can be deposed, the Apex Doctrine aims to strike a balance between the need for relevant testimony and the protection of those in leadership positions from unnecessary scrutiny.

WASHINGTON STATE SUPREME COURT DECLINES TO ADOPT THE APEX DOCTRINE

In 2023, the Washington State Supreme Court–in Stratford v. Umpqua Bank, 534 P.3d 1195 (2023)–addressed the applicability of the Apex Doctrine in Washington State. It found that “[n]o reported Washington opinion has explicitly adopted the apex doctrine, at least not in name.” Id. Accordingly, the Court determined the Doctrine, which restricts the deposition of senior officials unless certain conditions are fulfilled, has not been accepted because it conflicts with current discovery rules and the overarching right to discovery. See id. 

Ultimately, the Court elected not to adopt the Doctrine in Washington State and concluded it “is not widely followed; its application is inconsistent and its acceptance is waning.” Id. 

(Employment Law Tip: In Washington State, this ruling could be considered a win for employment-discrimination plaintiffs statewide.)

CONCLUSION

In conclusion, the Apex Doctrine serves as a significant legal principle aimed at protecting high-ranking officials from undue deposition, but its inconsistent adoption across jurisdictions highlights its contentious nature. While the Doctrine seeks to balance the need for relevant testimony with the protection of senior officials, the Washington State Supreme Court’s decision not to embrace it underscores a growing skepticism regarding its validity. As legal frameworks continue to evolve, the future of the Apex Doctrine remains uncertain, with its relevance increasingly challenged by existing discovery rules and the fundamental right to access evidence in legal proceedings.

need help?

If you need help with your employment issue, then consider a consultation with an experienced employment discrimination attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

-gw

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WA State Rule of Civil Procedure CR 16: A Guide for Litigators

WA State Rule of Civil Procedure CR 16: A Guide for Litigators

Under Washington State Court Rules, how may litigators utilize WA State Rule of Civil Procedure CR 16 (Pretrial Procedure and Formulating Issues)? Here’s my point of view.

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.

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WA State Rule of Civil Procedure CR 16: A Guide for Litigators

In the legal arena, rules and procedures govern every aspect of a case, ensuring fairness and efficiency in the pursuit of justice. Washington State Rule of Civil Procedure CR 16* is one such crucial guideline that sets the stage for the orderly progression of civil litigation. Understanding CR 16 is essential for attorneys and litigants alike to navigate the complexities of the legal process in Washington State courts effectively.

What is CR 16?

CR 16, short for Washington State Rule of Civil Procedure 16, outlines the requirements and procedures for pretrial conferences and the development of a litigation plan. It serves as a roadmap for streamlining the litigation process, promoting early settlement, and ensuring that cases proceed expeditiously through the court system. The court rule states as follows:

CR 16
PRETRIAL PROCEDURE AND FORMULATING ISSUES

(a) Hearing Matters Considered. By order, or on the motion of any party, the court may in its discretion direct the attorneys for the parties to appear before it for a conference to consider:

(1) The simplification of the issues;

(2) The necessity or desirability of amendments to the pleadings;

(3) The possibility of obtaining admissions of fact and of documents which will avoid unnecessary proof;

(4) The limitation of the number of expert witnesses;

(5) Such other matters as may aid in the disposition of the action.

(b) Pretrial Order. The court shall make an order which recites the action taken at the conference, the amendments allowed to the pleadings, and the agreements made by the parties as to any of the matters considered, and which limits the issues for trial to those not disposed of by admissions or agreements of counsel; and such order when entered controls the subsequent course of the action, unless modified at the trial to prevent manifest injustice. The court in its discretion may establish by rule a pretrial calendar on which actions may be placed for consideration as above provided and may either confine the calendar to jury actions or to nonjury actions or extend it to all actions.

CR 16* (emphasis and hyperlink added).

Key Components of CR 16

1. Pretrial Conferences: CR 16 allows–by order, or on the motion of any party–pretrial conferences to facilitate communication between parties and the court during the litigation process. These conferences aim to identify and narrow the issues in dispute, explore opportunities for settlement, and establish a framework for the efficient resolution of the case.

2. Litigation Plan: One of the central features of CR 16 is the formulation of a litigation plan. This plan outlines the parties’ proposed course of action, including simplifying the issues, amendments to the pleadings, the possibility of obtaining admissions of fact and of documents, limiting the number of expert witnesses, and any other pertinent matters essential for the progression of the case. The litigation plan helps parties and the court manage expectations and timelines effectively.

3. Pretrial Orders: The court must issue an order documenting the proceedings of the conference, including any amendments permitted to the pleadings and agreements reached by the parties on relevant matters. The order must delineate the issues remaining for trial, excluding those resolved through admissions or agreements of counsel. Once entered, this order governs the subsequent progression of the case unless modified during the trial to prevent clear injustice. Additionally, the court, at its discretion, may institute a pretrial calendar system for cases to undergo similar consideration. This calendar may be limited to either jury or nonjury cases, or expanded to encompass all types of actions.

Benefits of CR 16

1. Efficiency: By promoting early communication and establishing clear guidelines for case management, CR 16 helps expedite the litigation process, reducing delays and unnecessary expenses for all parties involved.

2. Clarity and Predictability: The requirement to develop a litigation plan provides clarity and predictability regarding the progression of the case, enabling parties to allocate resources more effectively and plan their litigation strategies accordingly.

3. Encouragement of Settlement: Through pretrial conferences and the exploration of settlement options, CR 16 encourages parties to resolve their disputes outside of court, potentially saving time, money, and emotional energy associated with protracted litigation.

4. Judicial Oversight: By empowering the court to actively manage the case through case management orders, CR 16 ensures that proceedings are conducted in a fair and orderly manner, with judicial oversight to address any procedural issues that may arise.

Conclusion

Washington State Rule of Civil Procedure CR 16 plays a vital role in promoting efficiency, fairness, and effective case management in civil litigation. By allowing pretrial conferences, formulating litigation plans, and providing for judicial oversight, CR 16 helps streamline the litigation process and facilitates the early resolution of disputes. Attorneys and litigants should familiarize themselves with CR 16’s requirements to navigate the complexities of civil litigation in Washington State courts successfully.

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If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams, or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

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The Tort of Outrage

The Tort of Outrage

Under Washington State law, what is the tort of outrage (hereinafter, “tort of outrage” or “intentional infliction of emotional distress”)? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.)

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THE TORT OF OUTRAGE (ALSO KNOWN AS INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS)

A tort is a civil wrong, other than breach of contract, for which remedies may be obtained. The tort of outrage is one type of tort that is also known as intentional infliction of emotional distress; it “requires the proof of three elements:

(1) extreme and outrageous conduct,

(2) intentional or reckless infliction of emotional distress, and

(3) actual result to plaintiff of severe emotional distress.

Kloepfel v. Bokor, 66 P.3d 630, 632, 149 Wash.2d 192 (Wash. 2003) (internal citations omitted). According to the Washington State Supreme Court: “These elements were adopted from the Restatement (Second) of Torts § 46 (1965) by this court in Grimsby v. Samson, 85 Wash.2d 52, 59-60, 530 P.2d 291 (1975).” Kloepfel, 66 P.3d at 632, 149 Wash.2d 192 (footnote omitted).

LEVEL OF OUTRAGE

“Grimsby held any claim for intentional infliction of emotional distress must be predicated on behavior ‘so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.’” Id. (citing Grimsby, 85 Wash.2d at 59, 530 P.2d 291 (quoting Restatement (Second) of Torts § 46 cmt. d)) (emphasis in original). Further, “[t]hat must be conduct which the recitation of the facts to an average member of the community would arouse his resentment against the actor and lead him to exclaim ‘Outrageous!'” Id. (internal citations and quotation marks omitted).

MERE INSULTS, INDIGNITIES, THREATS, ANNOYANCES, PETTY OPPRESSIONS, OR OTHER TRIVIALITIES NOT ENOUGH

“Consequently, the tort of outrage does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities. In this area plaintiffs must necessarily be hardened to a certain degree of rough language, unkindness and lack of consideration.” Id. (citing Grimsby, 85 Wash.2d at 59, 530 P.2d 291 (quoting Restatement (Second) of Torts § 46 cmt. d)) (internal quotation marks omitted).

OBJECTIVE SYMPTOMATOLOGY

“Many states, including … [Washington], have distinguished negligent infliction of emotional distress from intentional infliction of emotional distress by making bodily harm or objective symptomatology a requirement of negligent but not intentional infliction of emotional distress.” Id. at 633-34 (internal citations omitted).

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS REQUIRES objective symptomatology

In Washington, the tort of negligent infliction of emotional distress requires the plaintiff to prove “he has suffered emotional distress by ‘objective symptomatology,’ and the ’emotional distress must be susceptible to medical diagnosis and proved through medical evidence.'” Id. at 633, 149 Wash.2d 192 (citing Hegel v. McMahon, 136 Wash.2d 122, 135, 960 P.2d 424 (1998)). “The symptoms of emotional distress must also constitute a diagnosable emotional disorder.” Id. (internal citation and quotation marks omitted).

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESs DOES NOT REQUIRE objective symptomatology

However, Washington State courts “have never applied the objective symptomatology requirement to intentional infliction of emotional distress.” Id. at 633 (citing Berger v. Sonneland, 144 Wash.2d 91, 113, 26 P.3d 257 (2001) (“Washington cases have limited the objective symptom requirement to negligent infliction of emotional distress claims.”); see also Brower v. Ackerley, 88 Wash.App. 87, 99-100, 943 P.2d 1141 (1997) (“No Washington case has incorporated [the objective symptomatology requirement] into the tort of outrage.”)) (alteration in original) (internal quotation marks omitted).  “The basic elements remain unchanged since their adoption from the Restatement in Grimsby, and … [Washington courts] have not grafted an objective symptomatology requirement to them.” Id. (citing Robel v. Roundup Corp., 148 Wash.2d 35, 51, 59 P.3d 611 (2002)).

Accordingly, the Washington State Supreme Court has found, as follows:

Quite simply, objective symptomatology is not required to establish intentional infliction of emotional distress. The general rule is firmly established that physical injury or bodily harm—’objective symptomology’—is not a prerequisite to recovery of damages where intentional (and, in most states, reckless) emotional harm has been inflicted.

Id. (citing 4 Stuart M. Speiser, Charles F. Krause & Alfred W. Gans, The American Law of Torts § 16:17, at 1076 (1987)) (internal quotation marks omitted).

CONCLUSION

A tort is a civil wrong, other than breach of contract, for which remedies may be obtained. The tort of outrage is one type of tort that is also known as intentional infliction of emotional distress; it “requires the proof of three elements: (1) extreme and outrageous conduct, (2) intentional or reckless infliction of emotional distress, and (3) actual result to plaintiff of severe emotional distress.” Kloepfel, 66 P.3d at 632, 149 Wash.2d 192 (internal citations omitted). However, this tort “does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.” Id. Lastly, objective symptomatology is not required to establish the tort of outrage.

READ MORE

We invite you to read more of our blog articles concerning this topic (for purposes of this section, “IIED” means “intentional infliction of emotional distress” or “tort of outrage”):

» IIED & Supervisors*

» IIED, Vicarious Liability & Proscribing Bad Behavior*

» The Tort of Outrage and Racially Discriminatory Action

» WA Tort of Outrage: A Brief History*

(*NOTE: The link will take the reader to our Williams Law Group Blog, an external website.)

LEARN MORE

If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams, or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

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Canon of Administrative-Agency Interpretations

Canon of Administrative-Agency Interpretations

Under Washington State canons of statutory construction, what is the canon of administrative-agency interpretations? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer | Terms of Use | Privacy Policy before proceeding.)

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THE CANON OF ADMINISTRATIVE-AGENCY INTERPRETATIONS

According to the canon of administrative-agency interpretations:

Generally, administrative agency interpretations of statutes are given great weight.

Magula v. Benton Franklin Title Co., Inc., 131 Wn.2d 171, 177, 930 P.2d 307 (Wash. 1997) (citing Doe v. Boeing Co., 121 Wash.2d 8, 15, 846 P.2d 531 (1993) (“[The Washington Law Against Discrimination,] RCW 49.60[,] does not define ‘handicap’; deference is given by court to Human Rights Commission administrative rule defining ‘handicap'”).

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If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

-gw

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Overcoming Stare Decisis (WA State)

Overcoming Stare Decisis (WA State)

Under Washington State laws, how does one overcome the doctrine of stare decisis? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.)

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THE DOCTRINE OF STARE DECISIS

The doctrine of stare decisis “promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process.” State v. Johnson, 188 Wn.2d 742, 756, 399 P.3d 507 (2017) (internal citations and quotation marks omitted). It is a “doctrine developed by courts to accomplish the requisite element of stability in court-made law, but is not an absolute impediment to change.” State v. Otton, 185 Wn.2d 673, 678, 374 P.3d 1108 (2016) (citing In re Rights to Waters of Stranger Creek, 77 Wn.2d 649, 653, 466 P.2d 508 (1970)) (internal quotation marks omitted).

The court will typically consider a party’s request for it to reject its prior decision when it’s based upon either one or both of the following two approaches: (1) clear showing; and (2) intervening authority. See State v. Otton, 185 Wn.2d at 678 (internal citations and quotation marks omitted).

1. The Clear-Showing Approach

The clear-showing approach is far more common than the intervening-authority approach, and it requires the requesting party to clearly show the following:

a. That the established rule is incorrect; and

b. That the established rule is harmful.

See id. (internal citations and quotation marks omitted) (emphasis added).

2. The Intervening-Authority Approach

The intervening-authority approach is relatively rare. The requesting party essentially asks the court to “eschew prior precedent in deference to intervening authority where the legal underpinnings of … [the court’s] precedent have changed or disappeared altogether.” See id. (citing W.G. Clark Constr. Co. v. P. Nw. Reg’l Council of Carpenters, 180 Wn.2d 54, 66, 322 P.3d 1207 (2014) (internal citations and quotation marks omitted).

FRAMING THE ISSUE

When a party asks the Washington State Supreme Court to reject its prior decision, “it is an invitation … [it] … [does] not take lightly.” Id. (citing State v. Barber, 170 Wn.2d 854, 863, 248 P.3d 494 (2011)) (internal quotation marks omitted). According to the court, the issue is framed as follows:

The question is not whether we would make the same decision if the issue presented were a matter of first impression. Instead, the question is whether the prior decision is so problematic that it must be rejected, despite the many benefits of adhering to precedent–” ‘promot[ing] the evenhanded, predictable, and consistent development of legal principles, foster[ing] reliance on judicial decisions, and contribut[ing] to the actual and perceived integrity of the judicial process.'”

Otton, 185 Wn.2d at 678 (citing Keene v. Edie, 131 Wn.2d 822, 831, 935 P.2d 588 (1997)) (internal citation omitted) (alteration to original) (emphasis added).

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If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams, or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

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Top 3 Courts for WLAD Claims

Top 3 Courts for WLAD Claims

Depending on the circumstances, a plaintiff may have a choice of litigating their Washington Law Against Discrimination (WLAD) case in one of several different courts. Here are my top 3 courts for litigating WLAD claims (based on my point of view as an employment discrimination attorney in Washington State):

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. This article may be a repost from one of our retired blogs. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.)

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#3 – UNITED STATES DISTRICT COURTS

United States District Courts have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States; this is known as federal question jurisdiction. It is not uncommon for Plaintiffs to bring claims in the same lawsuit under both WLAD and Title VII of the Civil Rights Act of 1964 (Title VII) — or other federal anti-discrimination laws (e.g., Americans with Disabilities Act, Section 1981, etc.). Depending on the circumstances of each case, adding the Title VII claims may give U.S. District Courts original federal-question jurisdiction over the matter.

U.S. District Courts also have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between, inter alia, citizens of different States; this is known as diversity jurisdiction. Again, depending on the circumstances of each case, WLAD plaintiffs that initially sue employers–incorporated outside of Washington State–in state court may end up in U.S. District Court based on diversity jurisdiction.

#2 – WASHINGTON STATE DISTRICT COURTS

Washington State District Courts are courts of limited jurisdiction. For civil (employment discrimination) matters, this means that the court will have jurisdiction over the matter if, for each claimant, the value of the claim or the amount at issue does not exceed one hundred thousand dollars, exclusive of interest, costs, and attorneys’ fees (check the Revised Code of Washington for current dollar amounts). Thus, this court may also be a viable option for a WLAD plaintiff if the value of the case is appropriate.

#1 – WASHINGTON STATE SUPERIOR COURTS

Washington State Superior Courts are courts of general jurisdiction; typically, there is no maximum or minimum dollar amount that must be at issue. And, unlike U.S. District Courts, a unanimous jury is not required in order to render a favorable verdict for the plaintiff. Superior courts are commonly used by plaintiffs’ attorneys to bring WLAD claims.

LEARN MORE

If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

–gw

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