Holt Woods Scisciani LLP Blog

General Cases

Implications of the Washington Supreme Court’s Ruling in Gerlach v. The Cove Apartments, LLC Regarding the Affirmative Defense Voluntary Intoxication

Washington’s Supreme Court recently issued a decision in Gerlach v. The Cove Apartments, LLC, 196 Wn.2d 111, 471 P.3d 181 (2020), affirming that a plaintiff’s blood alcohol concentration (“BAC”) was only minimally relevant and excluded it pursuant to ER 403 because the plaintiff admitted intoxication.

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Washington Enacts New UPEPA Anti-SLAPP Law

On May 12, 2021, Governor Inslee signed into law a new anti-SLAPP law, designed to deter and prevent non-meritorious lawsuits targeted at discouraging individuals from speaking publicly or petitioning government agencies. Washington’s first-in-the-nation anti-SLAPP law took a major hit in the state Supreme Court’s 2015 decision Davis v. Cox, which declared the law’s entire enforcement provision unconstitutional.

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The Washington State Supreme Court Further Expands Liability to Owners and Occupiers of Land

 Johnson v. State of Washington Liquor and Cannabis Board – In June 2011, Johnson, a business invitee at the defendant’s state liquor store, slipped and fell in the entryway to that store. It was wet and raining outside. The entryway to the store had an electronic door with a mat inside, meaning that those entering would walk across about five to six feet of carpet to get inside the store, in addition to the rubber mat on the outside of the entryway.

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