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ISSAQUAH LAW GROUP

Issaquah Law Group: Experienced Counsel; Client Focus

PHILOSOPHY: Formed in 2014, Issaquah Law Group is a law firm with one focus: providing businesses and insurers with high quality legal representation with the responsiveness of a smaller firm. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built upon clear and consistent communication. 

LITIGATION: We work closely with our clients to fully and accurately understand their goals, work collaboratively to formulate specific legal strategies, and execute the agreed plan of action utilizing methods most likely to result in the efficient and effective resolution of the matter. 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 in the areas of personal injury and wrongful death, product liability, commercial general liability, labor & employment, construction litigation, and catastrophic losses due to fire and explosion.

BUSINESS LAW: Rarely is the path from point A to point B a straight line, so our role in a business law practice is to find alternatives, devise workable strategies, and keep your business ideas, goals and objectives moving toward realization. ILG’s business attorneys help clients achieve their goals with respect to business formation, intellectual property, labor and employment, CAN-SPAM, copyright and trademark

COMMUNITY: In addition, the Lawyers at Issaquah Law Group remain active in the legal and civic community. A core commitment of our Issaquah Attorneys is community service. Our attorneys' civic involvement includes the King County Civil Rights Commission; the City of Issaquah Planning Policy Commission; the Northwest Screenwriters Guild, service as a pro tem judge. We live and work in the Pacific Northwest, and we aim to make it a better place.

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.

Washington Supreme Court: Federal Arbitration Act Preempts Judicial Enforcement Provision of Washington Condominium Act

Satomi Owners Ass'n v. Satomi, LLC

Because this is essentially three separate cases, I won't go into the facts. They're not important. The Washington Condominium Act (WCA), located at former RCW 64.34.100(2) (2005), amended by Laws of 2005, ch. 456, § 20 (effective Aug. 1, 2005, provides: "Except as otherwise provided in . . . chapter 64.35 RCW, any right or obligation declared by this chapter is enforceable by judicial proceeding."

The Federal Arbitration Act provides:

A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.

Essentially, the Supreme Court (U.S., not the capital letters) has held that this evinces a national policy for the enforcement of contracts involving commerce. Why involving commerce and not affecting commerce? Who knows, but the top dawgs have said that they are essentially the same thing. If you remember from your Constitutional Law class, that gives a pretty wide stroke, and can involve an aggregate effect on commerce.

Given the wide stroke, it was found to apply, and to be in conflict with both the former and current WCA judicial enforcement provision insomuch as it provides for judicial enforcement concurrently with arbitration. If ADR doesn't work, you still get the enforcement.

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