BARLOW v. STATE

No. 101045-1.

540 P.3d 783 (2024)

Certification from the United States Court of Appeals for the Ninth Circuit in Madeleine BARLOW, Plaintiff, v. STATE of Washington, d/b/a Washington State University, Defendant.

Supreme Court of Washington, En Banc.

Filed: January 4, 2024.


Attorney(s) appearing for the Case

Amanda Mary Alys Searle , Meaghan Maryanne Driscoll , Connelly Law Offices, 2301 N. 30th St., Tacoma, WA, 98403-3322, Philip Albert Talmadge , Gary Manca , Talmadge/Fitzpatrick, 2775 Harbor Ave., Sw, Third Floor Ste. C, Seattle, WA, 98126-2138, for Plaintiff.

Brian J. Baker , Attorney at Law, Brendan Michael Lenihan , Wash. Attorney General's Office, P.O. Box 40126, Olympia, WA, 98504-0126, for Defendant.

Rajeev D. Majumdar, Whatcom Law Group, PS, Casie Carter Rodenberger, Attorney at Law, 289 H St., Ste. A, Blaine, WA, 98230-4007, for Amicus Curiae on behalf of Student Organization for Victim Advocacy.

Catherine C. Clark, The Law Office of Catherine C. Clark PLLC, 110 Prefontaine Pl. S. Ste. 304, Seattle, WA, 98104-5161, for Amici Curiae on behalf of Gonzaga School of Law Women's Law Caucus, Womxn's Law Caucus, Uw Women's Law Caucus.

Callie Anne Castillo, Erika Ann O'Sullivan, Lane Powell PC, 1420 5th Ave., Ste. 4200, Seattle, WA, 98101-2375, for Amicus Curiae on behalf of State Board for Comm. & Techn. Colleges of WA Council.

Rebecca Jane Roe, Hong Jiang, Schroeter Goldmark Bender, 401 Union St., Ste. 3400, Seattle, WA, 98101-2678, for Amicus Curiae on behalf of National Center for Victims of Crime.

Valerie Davis McOmie, Attorney at Law, 4549 Nw Aspen St., Camas, WA, 98607-8302, Daniel Edward Huntington, Richter-Wimberley PS, 422 W. Riverside Ave., Ste. 1300, Spokane, WA, 99201-0305, for Amicus Curiae on behalf of Wa. State Assoc. for Justice Foundation.

Zyreena Gutierrez Choudhry, Evangeline Stratton, Family Violence Appellate Project, 1239 120th Ave., Ne Ste. J, Bellevue, WA, 98005-2133, Tami Sims, Ashely T. Brines, Michael Butts, Katten Muchin Rosenman LLP, 2029 Century Park East, Suite 2600, Los Angeles, CA, 90064, for Amicus Curiae on behalf of Family Violence Appellate Project.


¶ 1 This case involves two questions certified to this court by the United States Court of Appeals for the Ninth Circuit. The first certified question asks whether Washington law recognizes a special relationship between a university and its students, giving rise to a duty to use reasonable care to protect students from foreseeable...

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