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MARTIN v. PIERCE COUNTY

No. 21-35251.

34 F.4th 1125 (2022)

Jeffery S. MARTIN, Plaintiff-Appellant, v. PIERCE COUNTY, a Washington political subdivision; Pierce County, Doe Correction Officers 1-10; NaphCare, Inc., an Alabama corporation doing business in the State of Washington; Miguel Balderrama, MD, in his official and individual capacity; Janel French, LPN, in her official and individual capacity; Irina Hughes; NaphCare Doe Employees, 1-10; in their individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 27, 2022.

Attorney(s) appearing for the Case

Bardi D. Martin (argued), Boyle Martin Thoeny PLLC, Seattle, Washington, for Plaintiff-Appellant.

Ross C. Taylor (argued) and Jonathan D. Ballard , Fox Ballard PLLC, Seattle, Washington, for Defendants-Appellees.

Before: Jay S. Bybee and Morgan Christen, Circuit Judges, and James V. Selna, District Judge.

OPINION

This case involves a single issue: does a Washington state law requiring a claimant to file a declaration declining to submit the case to arbitration when filing a medical malpractice suit apply in federal court? We conclude that it does not. Washington's declaration requirement conflicts with the Federal...

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