John J. Tollefsen Law Blog

Hollenback v. Shriners Hospitals for Children, --- P.3d ----, 2009 WL 1152042 (Wash.App. Div. 3 Mar 17, 2009) (NO. 26626-5-III)

In 1996, Cheryl Hollenback was hired as an at-will employee by Shriners Hospitals for Children in Spokane, Washington. At the time she was terminated in 2006, Ms. Hollenback held the position of Director of Patient Care Services, one of three top management positions at Shriners. Ms. Hollenback reported... Read More

Spokane Airports v. RMA, Inc., --- P.3d ----, 2009 WL 1119667(Wash.App. Div. 3 Apr 28, 2009) (NO. 26538-2-III)

 An entity called Spokane Airports attempted to condemn property necessary for airport improvements. The authority to condemn property for a public purpose is vested in the government. RCW 14.07.020 (empowering municipalities to acquire land by eminent domain for airport purposes). Spokane Airports is not a government entity and... Read More

Gardner v. Martino, 2009 WL 1098934 (9th Cir.(Or.) Apr 24, 2009) (NO. 06-35437, 06-35931)

The Tom Martino Show is a nationally-syndicated radio talk show that airs telephone conversations between Martino and callers seeking help with their consumer problems. Feroglia contacted The Tom Martino Show about her dispute with Appellants and ultimately, she was invited to call in to the show and explain her problem to Martino live on the... Read More

Capital Credit & Collection Service, Inc. v. Armani, --- P.3d ----, 2009 WL 1085524 (Or.App. Apr 22, 2009) (NO. A133535, 040403862)

Defendant guaranteed Armani's student loan of $4,000 from U.S. Bank. Armani defaulted, and U.S. Bank referred the debt to plaintiff for collection and assigned to it any rights to collect the unpaid principal amount of the debt. On March 11, 2004, plaintiff sent defendant a letter demanding payment of the... Read More

Haynes v. Adair Homes, Inc., --- P.3d ----, 2009 WL 1067509(Or.App. Apr 22, 2009) (NO. CCV0211573, A129305)

Purchasers of home asserted successful negligence claims on behalf of their children for health complications resulting from mold and water damage in the home. The trial court awarded attorney fees to children under terms of parent’s contract. The Court of Appeals reversed because the children were not parties to the contract.

Schilling v. Imm, --- P.3d ----, 2009 WL 1058075(Wash.App. Div. 1 Apr 13, 2009) (NO. 61921-7-I)

An employee of a school district who drives an employer provided vehicle, performs work at multiple employer sites, and is driving to one site from a mandated break at an employer sanctioned location is acting within the scope of employment. RCW 4.96.020 requires that a tort claim notice be filed with the employer. Failure to comply with Washington's claim filing statute precludes initiating suit against that employee.

Language Connection, LLC v. Employment Sec. Dept. of State, --- P.3d ----, 2009 WL 1058593 (Wash.App. Div. 1 Apr 13, 2009) (NO. 61703-6-I)

  The Language Connection (TLC) is a services referral agency for language interpreters. The Employment Security Department concluded that the interpreters were engaged in employment for TLC and the company was liable for unemployment insurance contributions. The plain language of RCW... Read More

Solis v. Matheson, 2009 WL 1036083 (9th Cir.(Wash.) Apr 20, 2009) (NO. 07-35633)

Indian tribes have a special status as sovereigns with limited powers. Indian tribes are dependent on, and subordinate to the federal government, yet retain powers of self-government. These powers can be limited, modified, or eliminated by Congress. The tribes' retained sovereignty reaches only that power needed to control internal relations, preserve... Read More

Brice v. Hrdlicka, 227 Or.App. 460, --- P.3d ----, 2009 WL 997141 (Or.App. Apr 15, 2009) (NO. 04CV0422MA, A132940)

One tenant in common would accommodate the other tenant’s desire to obtain financing on the property. He would deed the property to the other tenant, the loan would be obtained and then his one-half interest would be deeded back to him. One time, the other tenant refused to deed back the property. The legal defense was the agreement was unenforceable under... Read More

Tupper v. Roan, 227 Or.App. 391, --- P.3d ----, 2009 WL 997204 (Or.App. Apr 15, 2009) (NO. CV06100435, A136095)

Husband died leaving his girlfriend the $600,000 proceeds of his life insurance policy. Former wife was entitled to child support and a $100,000 death benefit under the terms of the divorce decree. The life insurance policy was purchased after the divorce.

The legal theories were constructive trust and money had and received. Both are based on unjust... Read More