Bar Bulletin

Bar Bulletin

Not for Whom, but When the Bell Tolls

September 2022 Bar Bulletin

By Christopher L. Young

Fowler v. Guerin, No. 100069-3 (Aug. 18. 2022). At issue: the standard for equitable tolling in civil cases under Washington law. The question presented came from the United States District Court for the Western District of Washington, which presides over a dispute between a certified class of Washington teachers and the Department of Retirement Systems. The statute of limitations has run on the teachers’ Fifth Amendment takings claim and although the teachers have invoked the doctrine of equitable tolling, the District Court sought clarification on the doctrine under Washington law.

The Court’s answer begins with the four conditions set forth in...

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