· 1/27/2014
Knedlik v. Central Puget Sound Regional Transit Authority
Citations
- 179 Wash. App. 1013
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that trial court should have considered merits of post-trial motion filed one day late because untimeliness did not “upset effective court procedure or prejudice[ ] the . . . parties”
- explaining that where there are proper liquidated damages provisions in a contract a party “cannot later claim entitlement to actual damages”
- reversing finding of waiver where one filing deadline missed by one day due to inclement weather
- mentioning an agreed upon duty to use best efforts in promoting plaintiff’s products
- attempted oral modification and parties’ course of performance thereafter effectuated valid waiver of implicated original contract terms notwithstanding no oral modification clause
- Superior Court found trial court abused discretion in failing to consider the merit of post-trial motions, where motions were filed only one day late and opposing party did not assert any prejudice.
Source: CourtListener parenthetical corpus (CC0).
Judges: Dwyer, Schindler, Verellen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.