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The Long Reach of Washington’s Long-Arm Statute

By Rita Latsinova on October 7, 2014
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In Failla v. FixtureOne Corp.,  No. 89671-2, the  Washington Supreme Court adopted a broad interpretation of the Washington long-arm statute.  It concluded that the founder and CEO of a non-resident corporation, which had a single employee in Washington state, was subject to personal jurisdiction.   “We hold that employing a Washington resident to perform work in Washington constitutes ‘transaction of any business within the state’ under RCW 4.28.185(1)(a) and satisfies the first  [purposeful availment] prong in Shute [v. Carnival Cruise Lines, 113 Wn.2d 763, 767  (1989).]”   The Court reasoned that because the CEO was the officer directly responsible for the hiring, firing, promotion, and payment of plaintiff’s wages, his contacts were sufficient to confer jurisdiction over him in his personal capacity.  (The corporation was never served).   The CEO  acted “wilfully” in failing to pay plaintiff’s wages and was liable  RCW 49.52.050 and .70.

Photo of Rita Latsinova Rita Latsinova

Rita Latsinova is a partner practicing in Stoel Rives’ Litigation group. Her experience includes complex commercial litigation, constitutional law, class actions, international arbitration and general appellate practice in state and federal courts.

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  • Posted in:
    Business and Commercial
  • Blog:
    Notice of Appeal
  • Organization:
    Stoel Rives LLP
  • Article: View Original Source

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