Legal Opinion

Belling v. Wash. State Emp't SEC. Dep't

Washington Supreme Court

Decided October 4, 2018No. 95097-1PublishedCited by 3 opinions

1Opinion of the Court

González, J.

¶ 1 Under some circumstances, when a person is forced to litigate to recover an award, others who seek to share in that award must also share in the attorney fees. This is an exception to the American rule that parties generally pay for only their own attorneys. Under Washington statutes, when a person receives both unemployment and workers' compensation benefits for the same period of time, the unemployment benefits must be repaid. RCW 50.20.190. There is an exception, however, for situations when "equity and good conscience" makes repayment unfair under the circumstances. RCW…

2Cases cited22 opinions

  1. Fleischmann Distilling Corp. v. Maier Brewing Co.Supreme Court of the United States · 1967
  2. Mahler v. SzucsWashington Supreme Court · 1998
  3. Mahler v. SzucsWashington Supreme Court · 1998
  4. Bowles v. Department of Retirement SystemsWashington Supreme Court · 1993
  5. City of Sequim v. MalkasianWashington Supreme Court · 2006

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3Cited by3 opinions

  1. Fed. Home Loan Bank of Seattle v. Credit Suisse Sec. (USA) LLCWashington Supreme Court · 2019
  2. Kenmore MHP LLC v. City Of KenmoreWashington Supreme Court · 2023
  3. Wa State Dept Of Retirement Systems v. Kevin DolanCourt of Appeals of Washington · 2020

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