Swain v. Colton

This case involves the question of whether the 1983 amendment to RCW 19.86.090 which increased maximum treble damages, from $1,000 to $10,000, may be applied retroactively. We answer in the negative and reverse the damages award.

Lawrence B. Colton1 solicited Lloyd Swain and his wife Laurie Louden (hereafter referred to as "the Swains") to enter into a "Profit Savings Plan" for the purpose of federal income tax avoidance. The Swains entered into the agreement May 19, 1980, and Mr. Colton received 5 percent of the face value of the Swains' paychecks as a commission. However, when the Swains'…