WASHINGTON REFORMS

 

Civil Justice Reforms Upheld as Constitutional (after 1983)

The Supreme Court of Washington has not upheld any of the state’s civil justice reforms facing constitutional challenges.

Civil Justice Reforms Struck Down as Unconstitutional (after 1983)

 

DeYoung v. Providence Medical Center, 960 P.2d 919 (Wash. 1998).  The eight-year statute of repose for medical malpractice actions violated the privileges and immunities clause of the State Consitution.

Sofie v. Fibreboard Corp., 771 P.2d 711 (Wash. 1989).  The variable limit on noneconomic damages awards violated the right to trial by jury under the State Constitution.

Civil Justice Reforms Unchallenged on Constitutional Grounds

 

Appeal Bond Reform: S.B. 6541 (2006).  Limits appeal bonds for signatories to the Master Settlement Agreement to $100 million.

Barring Admission of a Defendant’s Apology: SB 6429 (2002).  Bars the admission of a defendant's apology to a plaintiff as evidence in support of a plaintiff's case.  The law previously discouraged discourse and impeded the resolution of disputes between parties by allowing apologies to be used against defendants in litigation.    

Condo Liability: HB 1848 (2005). Addresses construction defect disputes in multi-unit buildings.

Construction Liability Reform: SB 6409 (2002).  Requires a potential plaintiff to wait to file a lawsuit against a construction professional for a construction defect until that construction professional has had an opportunity to correct the defect.

Employer Reference: HB 1625 (2005). Provides civil liability protections for employers who provide job references about current and former employees.

Firefighter/Peer Support Group Privilege: H.B. 2366 (2006).  Provides that certain communications between firefighters and peer support group counselors are privileged.

Frivolous Lawsuit  Sanction: SB 4630 (1986).  Allows a court to assess reasonable expenses, including attorneys’ fees, where it is determined that an action, claim, or defense was frivolous.

Frivolous Lawsuit  Sanction: SB 5023 (1991).  Allows a court to impose sanctions, including the awarding of attorneys’ fees and costs, against a party to a lawsuit that advances the lawsuit frivolously, even if the case is settled by the parties and does not proceed to trial.  Allows a trial court to enter an order requiring the non-prevailing party to pay attorneys’ fees and costs whether a case is ended through a voluntary or involuntary order of dismissal.

Joint and Several Liability Reform: SB 4630 (1986): Wash. Rev. Code Ann. § 4.22.070(1)(b).  Bars application of the rule of joint and several liability in the recovery of all damages, except in cases in which defendants acted in concert or the plaintiff is found to be fault free, or in cases involving hazardous or solid waste disposal sites, business torts and manufacturing of generic products.

Medical Liability Reform/Collateral Source Rule: H.B. 2292 (2006).  Provides for the admissibility of evidence that the plaintiff has already been compensated for the injury from any source except for the assets of the plaintiff, plaintiff’s representative, or the plaintiff’s immediate family.  Plaintiff may also present evidence of an obligation to repay any compensation.

Medical Liability Reform: Collateral Source Rule Reform: Wash. Rev. Code Ann. § 7.70.080.  Permits the admissibility of evidence of collateral source payments in medical liability cases, except if the source is an insurance policy that the plaintiff or a member of the immediate family purchased with his or her assets.

Medical Liability Reform: Contingent Fee Reform: Wash. Rev. Code Ann. § 7.70.070.  Requires a court to determine the reasonableness of contingent fees in medical liability cases.

Medical Liability Reform/ Expressions of Sympathy: H.B. 2292 (2006).  Provides that expressions of sympathy, regret, apology, etc. by healthcare providers are inadmissible as evidence and shall not constitute an admission of liability.

Medical Liability Reform/Frivolous Lawsuits: H.B. 2292 (2006).  Provides that an attorney filing a claim must certify that to the best of the party’s or attorney’s knowledge, the claim is well grounded in fact and is warranted by existing law or good faith arguments.  If an attorney is found in violation of this rule, the court may impose an appropriate sanction to include an order to pay defendant costs, including a reasonable attorney fee.

Medical Liability Reform/Statute of Repose: H.B. 2292 (2006).  Reenacts the eight-year statute of repose for medical liability cases.   

Medical Liability Reform/Voluntary Arbitration: H.B. 2292 (2006).  Allows parties in an action to elect to submit the dispute to arbitration.

Obesity Litigation Reform: SB 6601 (2004).  Exempts from civil liability manufacturers, packers, distributors, carriers, holders, marketers, or seller of food or nonalcoholic beverages for suits brought by private parties when the claim is based upon weight gain, obesity, or health conditions related to weight or obesity resulting from the long-term consumption of food or nonalcoholic beverages.

Periodic Payment of Future Damages: SB 4630 (1986).  Wash. Rev. Code Ann. § 4.56.260.  Allows a court to order the periodic payment of future damages exceeding $100,000.  Provides that a lump-sum payment will be due if the defendant fails to provide adequate security within 30 days.

Post-judgment Interest Rate Reform: HB 2485 (2004).  Establishes the post-judgment interest rate equal to the average twenty-six week Treasury bill rate, plus two percent.