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ISSAQUAH LAW GROUP   PERSONAL INJURY LITIGATION LAWYERS

Issaquah Law Group - Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

LOCATION: We are located on the Eastside in Issaquah, convenient to Bellevue, Redmond, Kirkland, Renton, Sammamish and North Bend. However, we provide legal services in King County, Pierce County, Snohomish County and throughout the entire state of Washington.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

WA Legal Roundup: Division II

Maziar v. State of WA Dep’t of Corrections

Maziar sued his employer, DOC, under federal maritime tort claims, for injuries he sustained during a commute from McNeil Island on a DOC-run ferry.  The trial court dismissed his claim in a summary judgment order in favor of the DOC.  Maziar argues that the Industrial Insurance Act does not preclude his maritime claims, that the federal maritime law controls over the State’s workers compensation laws, and disputes the DOC’s argument that his claims are barred by sovereign immunity.

The appeals court ruled that although the IIA bars civil actions for personal injuries at work, the Constitution grants the federal government jurisdiction over maritime disputes and also the authority to create the substantive law to be applied in maritime actions.  The court ruled that although maritime jurisdiction applies, it does not always exclude state law.  The court analyzed several cases on the topic from the Supreme Court of the US as well as 9th circuit cases.  The court reasoned that if they applied the “maritime but local” doctrine stated in the case law, the facts in the case at present were distinguishable from those in favor of the state law because in the present case, Maziar was on the ferry for the sole purpose of being transported to and from work.  The court found his purpose for being on the ferry to fit within the pure maritime activities under the federal jurisdiction of which the state law could not bar.  

The court further held that under RCW 4.92.090, the State waived its sovereign immunity as to claims like Maziar’s.  The court reversed and remanded for trial. 

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