WASHINGTON TRUCKING ASS'NS v. STATE

No. 47681-9-II.

369 P.3d 170 (2016)

192 Wash.App. 621

WASHINGTON TRUCKING ASSOCIATIONS, a Washington nonprofit corporation; Eagle Systems, Inc., a Washington corporation, Gordon Trucking, Inc., a Washington corporation; Haney Truck Line, Inc., a Washington corporation; Jasper Trucking, Inc., a Washington corporation; PSFL Leasing, Inc., a Washington corporation; and System-TWT Transportation d/b/a System-TWT, a Washington limited liability company, Appellants, v. The STATE of Washington, Employment Security Department; Paul Trause, individually and in his official capacity as the former Commissioner of the Employment Security Department, and Jane Doe Trause, husband and wife and the marital community composed thereof; Bill Ward, individually and in his official capacity, and Jane Doe Ward, husband and wife and the marital community composed thereof; Lael Byington, individually and in his official capacity, and Jane Doe Byington, husband and wife and the marital community composed thereof; Joy Stewart, a single individual, individually and in her official capacity; Melissa Hartung, a single individual, individually and in her official capacity; Alicia Swangwan, a single individual, individually and in her official capacity; Respondents.

Court of Appeals of Washington, Division 2.

February 9, 2016.


Attorney(s) appearing for the Case

Philip Albert Talmadge , Thomas M. Fitzpatrick , Talmadge/Fitzpatrick/Tribe, Aaron Paul Riensche , Ogden Murphy Wallace PLLC, Seattle, WA, for Appellants.

Eric Daniel Peterson , Attorney at Law, Dionne Maren Padilla-Huddleston , Office of the Attorney General, Seattle, WA, for Respondents.


¶ 1 The Washington Trucking Association (WTA) and six Washington based trucking carriers (the Carriers) appeal the trial court's dismissal under CR 12(b)(6) or CR 12(c) of their lawsuit against the Washington Employment Security Department (ESD) and various ESD employees. The lawsuit arose from a series of audits of the Carriers (and...

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