Waples v. Yi

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding 90-day notice requirement in the same statute unconstitutional because it conflicts with the commencement requirement of CR 3(a) thereby conflicting with the judiciary's power to set court procedures.
• holding 90-day notice requirement in the same statute unconstitutional because it conflicts with the commencement requirement of CR 3(a) thereby conflicting with the judiciary’s power to set court procedures.
• “If a statute and a court rule cannot be harmonized, the court rule will generally prevail in procedural matters and the statute in substantive matters.”
• in a suit between private parties, requirement that a plaintiff give 90 days’ notice before filing medical malpractice lawsuit unconstitutional
• RCW 7.70.100(1) conflicts with CR 3(a) and is unconstitutional because it requires an additional step to commence a civil action in medical malpractice cases
• in a suit between private parties, statute cannot require a plaintiff give 90 days' notice before filing medical malpractice lawsuit unconstitutional

Source: CourtListener parenthetical corpus (CC0).