Friday, October 19, 2007
UW School of Law (Room 138 William H. Gates Hall)
9:00 AM Paul v. State of Washington L&I
This is a summary judgment motion brought by an injured worker, Debra Paul. Plaintiff Paul is moving for the court to reverse the decision of the Board of Industrial Appeals and to reopen her injury claim made to the Department of Labor and Industries.
Paul suffered an industrial back injury. Her claim was allowed by the Department and after treatment the claim was closed. After a claim is closed, a worker has 7 years to ask for it to be reopened if it can be shown the injury has worsened or become aggravated. Several months after the claim was closed, Paul and her physician applied to have it reopened, with her physician testifying that her condition had worsened. The Department denied the request. Paul appealed, and the Industrial Appeals Judge (IAJ) denied her appeal.
She then appealed to the Board of Industrial Appeals—the Board upheld the IAJ decision. Paul now moves for summary judgment in Superior Court, arguing that she is entitled to summary judgment as a matter of law because there is no genuine issue of material fact: the only reasonable conclusion that can be reached in light of the evidence is that Paul's low back injury worsened and her claim should be reopened.
10:00 AM Affiliated Computer Services, Inc. v. DuBrul
The parties entered into a non-competition agreement where the defendant agreed that for a period of five years he would not engage directly or indirectly in soliciting or taking away business from the plaintiff, or soliciting or inducing employees of the plaintiff to leave their employ. The plaintiff alleges that the defendant assisted or sponsored a company in competing with the plaintiff for business.
The defendant moves for summary judgment, asserting that the non-competition agreement was not breached because he did not interfere with any of the plaintiff’s prospective business relationships and, therefore, the plaintiff did not suffer any damage proximately caused by the defendant’s alleged actions.
A message from Judge Mary Yu: On October 19, 2007, I will be presiding over a number of civil hearings in the courtroom located in your law school. The calendar includes several motions for summary judgment. These motions will be argued to the bench.
It is important for you to know that the cases are not mock cases and this is not moot court. The hearings involve “real” controversies between parties filed as a cause of action in the State of Washington, County of King. Thus, you are advised that once the hearings begin, your law school courtroom becomes an official courtroom of the State of Washington subject to my control. As the presiding judge of the calendar, I wish to you advise you in advance that the following rules of etiquette shall apply to the courtroom:
- No food may be consumed in the courtroom while we are in session. Because chewing gum and unwrapping candy is noisy and a distraction, no gum chewing or consumption of candy shall be allowed.
- If you are consuming liquids, please open the container (cans) outside of the courtroom.
- Please remove your hat unless worn for religious reasons.
- You must turn off the ringer/beeper on your cell phones and pagers before entering the courtroom.
- If you wish to take notes on a laptop computer, you must turn off the sound system or speaker. If your keyboard becomes a distraction to the court or counsel, you may be asked to turn your computer off.
- You are not permitted to ask me any questions about the case until I have decided that matter. If appropriate, I will make myself available afterwards so that you can ask me questions about the arguments and/or decision.
- You may approach counsel while in recess and if they wish to talk with you about the case you may proceed to have the discussion provided it is not in my presence.
Please make an extra effort to come and go as quietly as you can so that no one is distracted from counsels’ presentation.
Lastly, I personally thank each one of you for your interest in pre-trial practice and hope that you will benefit in some way from the opportunity to observe your state court in action.