[WSBARP] Case of First Impression - Award of Attorney Fees

[Kary Krismer]

I have a bit of a problem with the concurring opinion (but not the 
result) because it is seemingly based extensively on material outside 
the record relating to parties not part of the suit. Courts should 
strive for an appearance of fairness, and the concurring opinion to me 
indicates a preexisting bias against one of the parties because of their 
class (large corporation).

Imagine if this were a landlord tenant case and the court was imposing 
somewhat novel liability on the landlord.  How would it look if the 
concurring opinion went into a rant about the behavior of companies that 
sell and rent things to individuals?

Again, not a problem with the result, just the attitude.  To the extent 
this decision should be applied to cell phone companies, ISPs, etc.,  I 
think attorneys are perfectly able to make that jump and make that argument.

Kary L. Krismer
206 723-2148

On 2/17/2022 8:38 AM, Sullivan, Brett wrote:
> Hi all-
>
> I highly recommend reading the new opinion out this morning in 
> Division III (/Dalton M, LLC v. U.S. Bank/) regarding a decision of 
> first impression, in which the Court of Appeals held that courts have 
> the power in certain cases (involving prelitigation bad faith) to 
> award attorneys' fees to a prevailing party (in derogation of the 
> American rule regarding attorneys' fees) under their 
> inherent equitable powers.
>
> And, for those of you frustrated with having to deal with large 
> corporations as a consumer, make sure to read the concurring opinion.
>
> Here's the link: https://www.courts.wa.gov/opinions/pdf/374483_pub.pdf
> *
> Brett T. Sullivan*
> Attorney at Law
>
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