WA Legal Roundup - Div 1: LLC's need attorney to litigate; Edmonds excess broadband okay for private use; SOL for bad faith starts ticking at entry of judgment.
In Dutch Village Mall v. Peletti, the owner of the mall attempted to sue a tenant. The problem: Corporate entities can't appear pro se, they HAVE to have counsel. My favorite part is the Court basically saying you can't incorporate, then expect to have all the perks without any of the detriments. Its a good read on a lot of the policy behind it. Whether it stays that way given the Supreme Courts recent slew of first amendment jurisprudence equating a corporation to a person remains to be seen. Given that the corporations that the SC likes to benefit tend to be large and need lawyers anyway, I don't see a change coming down the line.
The City of Edmonds case came down saying the city could issue bonds to pay for fiber optics. The main purpose was to provide the gov't with internet access and to allow wireless meter reading systems. The side benefit is you can hook up the homes that have the fiber to a broadband system. This helps with the costs. However, because the primary purpose was the meter reading, its okay to issue the bond. Very interesting read if you like technology.
Finally, Farmers insurance has to deal with a bad faith claim. The backstory involves an apartment fire that really hurt a little girl. There was a candle left burning, and there were inadequate smoke detectors in violation of landlord obligations. The rejection of the claim was happening in 2002 and 2003, the bad faith suit was filed in '08. The stipulated judgment against the insured (17M, paid with 600k out of pocket and an assignment of the bad faith claim). Held that the claim starts running from January 2007, when the stipulated judgment was entered into.
Congratulations to Bob Dawson, attorney for the little girl.