Legal Opinion · Concurring in part, dissenting in part
Davenport v. Washington Education Ass'n
Court of Appeals of Washington
Decided December 12, 2008No. 28375-1-IIPublished
1Concurring in part, dissenting in partBridgewater, J.
¶52 (dissenting in part) I agree with the majority that the Davenport plaintiffs do not have a private cause of action for Washington Education Association’s (WEA) alleged violations of former RCW 42.17.760 (Laws of 1993, ch. 2, § 16). I also agree that the plaintiffs do not have a conversion claim for the nonmember fees at issue. However, to the extent the majority provides the plaintiffs with a restitution cause of action, which the plaintiffs did not seek in their complaint and which is not available to them in any event, I respectfully dissent.
¶53 As a threshold matter, I note that…
2Cases cited22 opinions
- Chicago Teachers Union, Local No. 1 v. HudsonSupreme Court of the United States · 1986
- State v. GoreWashington Supreme Court · 1984
- Davenport v. Washington Education Ass'nSupreme Court of the United States · 2007
- Blackburn v. Safeco Insurance Co.Washington Supreme Court · 1990
- State v. PotterCourt of Appeals of Washington · 1992
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