RNWLG Wins Appeal Underscoring Plaintiffs’ Rights to Their Day in Court

We are happy to share a significant legal triumph for our client at the Court of Appeals, which highlights not only the importance of protecting individuals who stand up for their rights but also the crucial role of ensuring fair judicial processes.

Case Overview

Matthew Z. Crotty and Asti M. Gallina recently achieved a substantial victory in a complex case involving the Washington Law Against Discrimination (WLAD). The case centered around a father who had filed a lawsuit against a private school for retaliation. The father alleged that the children’s school had retaliated against him due to his advocacy efforts on behalf of his special-needs children.

The Legal Battle

The school moved to dismiss the father’s lawsuit, arguing that the claims were barred by issue preclusion, which bars re-litigation of issues already determined in a prior proceeding. The school contended that the father had previously raised similar retaliation arguments in a family law modification proceeding concerning his parenting plan. Although the family law court did not explicitly rule on the retaliation claims, it had awarded educational and medical decision-making authority to the mother and, indirectly, criticized the father’s advocacy efforts.

The trial court agreed with the school’s argument, leading to a dismissal of the father’s WLAD claims and, astonishingly, imposing sanctions exceeding $145,000 against the father and labeling his lawsuit as frivolous.

The Court of Appeals Ruling

Our firm took the case to the Court of Appeals, where we challenged both the dismissal of the lawsuit and the imposition of sanctions. We argued that the trial court’s application of issue preclusion was incorrect and that the sanctions were unwarranted.

The Court of Appeals agreed with our position, delivering an important clarification on the reach of issue preclusion to civil rights cases:

1. Issue Preclusion Rejected: The appellate court clarified that issue preclusion did not apply in this case. It noted that, while the father had raised similar issues in both proceedings, the contexts were fundamentally different. The family law court’s decision focused on the father’s communication style rather than the content of his protected advocacy. Therefore, the WLAD lawsuit, which addressed whether his communications were indeed protected, was not precluded.

2. Sanctions Reversed: The Court of Appeals also reversed the trial court’s decision to award over $145,000 in sanctions. It found that the trial court had abused its discretion by deeming the father’s lawsuit frivolous. This reversal underscores the importance of allowing legitimate claims to be heard and adjudicated fairly without undue penalization.

What This Means

For the father, his case is not over. But this victory means he will get the opportunity to have his day in court.

This appellate victory is also a significant step forward for individuals advocating for special-needs children and others standing up for their rights under WLAD. It affirms that legal protections for advocacy are robust and that procedural fairness must be upheld, even in complex legal battles.

Our firm is proud to represent our client in this crucial matter, and we are committed to continuing our work in defending the rights of those who face retaliation for their advocacy. For more information on RNWLG’s appellate practice group, please contact Asti Gallina at amg@rnwlg.com.

Naccarato v. Cadable, LLC

Spokane County Superior Court Cause No. 19-2-04284-32 (2022)

Successfully defended Spokane business owner and his business by trying several employment- and partnership-related claims before a jury and by defeating other claims against the client at summary judgment.