Season 2, Episode 15: “Prelitigation Misconduct”: A new way to get an attorney’s fees award in Washington?

December 1, 2017

: In September 2017 Division II of the Washington Court of Appeals upheld an award of attorneys fees to a winning party based upon their opponents "prelitigation misconduct".  The decision appears to be the first time that a Washington appellate court applied this novel theory. It also appears to be in direct conflict with an earlier decision by Division I of the Washington Court of Appeals.

Why did the Court do this? What happens now? Tune in...


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