§24.7 Significant Authorities

• Jurisdiction: Washington

§24.7 SIGNIFICANT AUTHORITIES

The following cases comprise significant authorities interpreting and applying CR 24. They are discussed throughout the text of this chapter where appropriate.

American Discount Corp. v. Saratoga W., Inc., 81 Wn.2d 34, 499 P.2d 869 (1972), provides an extended analysis on the development of Fed. R. Civ. P. 24 and its affect on CR 24 in Washington. The American Discount court instructed Washington state courts to use federal decisions interpreting Fed. R. Civ. P. 24 for guidance and broadly interpreted the required interest needed for intervention of right.

Cascade Natural Gas Corp. v. El Paso Natural Gas Co., 386 U.S. 129, 87 S. Ct. 932, 17 L. Ed. 2d 814 (1967), is the seminal decision construing Fed. R. Civ. P. 24, but has been both praised and criticized as establishing a very liberal standard for intervention as a matter of right.

In Columbia Gorge Audubon Society v. Klickitat County, 98 Wn.App. 618, 989P.2d1260 (1999), the court explained several factors affecting timeliness of a motion for intervention of right, including the stage of the proceedings, the surrounding circumstances, the prejudice caused by the delay in seeking intervention, and the effect of a limitation period for filing a separate action.

The court in Fisher v. Allstate Insurance Co., 85 Wn.App. 594, 933 P.2d 1094 (1997), aff'd, 136 Wn.2d 240, 961 P.2d 350 (1998), held that Allstate...