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MINNICK v. CLEARWIRE U.S. LLC

No. 85810-1.

275 P.3d 1127 (2012)

174 Wn.2d 443

Certification from the United States Court of Appeals for the Ninth Circuit in Chad MINNICK, Linda Stephenson, Donald Schultz, Stephen Reimers, Corey Jelinski, Victoria Bartley, Christopher Cuhel, Karen Grefsrud, Rita McVicker, Josh Keller, Glenn Reynolds, and Eva Girod, on behalf of themselves and all those similarly situated, Plaintiffs-Appellants, v. CLEARWIRE U.S. LLC, and Does 1 through 10, Defendants-Appellees.

Supreme Court of Washington, En Banc.

May 3, 2012.

Attorney(s) appearing for the Case

Felix G. Luna , Peterson Wampold Rosato Luna Knopp, Seattle, WA, Jonathan Tycko , Melanie Jenae Williamson , Tycko & Zavareei, LLP, Washington, DC, for Plaintiffs.

Kenneth E. Payson , Stephen Michael Rummage , Rebecca J. Francis , Davis Wright Tremaine LLP, Seattle, WA, for Defendants.

Mark Adam Griffin , Keller Rohrback LLP, Seattle, WA, Sean Donahue , San Francisco, CA, amicus counsel for National Consumers League.

Kathleen M. O'Sullivan , Elvira Castillo , Perkins Coie LLP, Seattle, WA, Seamus C. Duffy , Susan M. Roach , Katie L. Bailey , Drinker, Biddle & Reath LLP, Philadelphia, PA, amicus counsel for Ctia-the Wireless Association.

OWENS, J.

¶ 1 The United States Court of Appeals for the Ninth Circuit certified the following question:

Does Washington law treat the [early termination fee] at issue in this case as an alternative performance provision, or as a liquidated damages clause?

Minnick v. Clearwire U.S. LLC, 636 F.3d 534, 538 (9th Cir.2011) (hereinafter Order). This question is important because a liquidated damages provision...

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