Summary

JurisdictionWashington

Chapter Details

Summary
§18.1 Introduction
§18.2 Policies of RCW 42.56.550(4)
§18.3 History of RCW 42.56.550(4)
§18.4 Attorney Fees
(1) Statutory Language
(2) Mandatory if Requesting Party Prevails
(a) Good Faith Is Not a Defense
(b) Denning a Prevailing Party
(3) Amount and Timing
(4) Parties Entitled to Attorney Fees and Who Must Pay Them
(5) Appeals
(a) Standard of Review
(b) Fees on Appeal
(6) Strategies and Practice Tips
(7) Other Theories
§18.5 Penalties
(1) Statutory Language
(2) When Is a Penalty Imposed?
(a) Mandatory/Discretionary
(b) Prevailing Party
(c) Factors Used To Determine Penalty Amount
(d) Damages
(e) When Penalties Begin
(f) Delay
(g) Good Faith/Bad Faith-Reasonableness of Agency's Actions
(h) Issue of Public Importance
(i) Deterrence
(3) Calculating the Penalty
(a) Grouping
(b) Variable Rate Penalties
(c) Amount of Penalty in Particular Cases
(4) Appeals
§18.6 Costs

James Beck is a partner at Gordon Thomas Honeywell LLP in Tacoma. His practice is focused on plaintiff's personal injury, insurance coverage, and employment litigation. He received a Bachelor's of Science degree from the University of Georgia and a J.D., summa cum laude, from Georgia State University College of Law, where he graduated first in his class. After graduation, he served as a law clerk for the Honorable...

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