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Shawn Timothy Newman

Shawn Newman’s Legal Cases

27 total

  • American Legion Post 149 v. State

    Practice Area:
    Constitutional
    Date:
    Sep 11, 2008
    Outcome:
    Loss 5-4 opinion see:http://www.courts.wa.
    Description:
    Challenge to applicability of state smoking ban to private clubs. See : http://www.tvw.org/media/mediaplayer.cfm?evid=2007110036C&TYPE=V&CFID=1578955&CFTOKEN=5b5c2e8348a84fed-2FA45284-3048-349E-4E748E141B10C31B&bhcp=1 FOR THE OPINIONS SEE: Sep. 11, 2008 - 79839-7 - Am. Legion Post No. 149 v. Dep't of Health http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=798397MAJ Sep. 11, 2008 - 79839-7 - Am. Legion Post No. 149 v. Dep't of Health (Concurrence) http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=798397Co1 Sep. 11, 2008 - 79839-7 - Am. Legion Post No. 149 v. Dep't of Health (Dissent) http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=798397Di1 Sep. 11, 2008 - 79839-7 - Am. Legion Post No. 149 v. Dep't of Health (Dissent) http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=798397Di2 Sep. 11, 2008 - 79839-7 - Am. Legion Post No. 149 v. Dep't of Health (Dissent) http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=798397Di3
  • Citizens for Responsible Wildlife Management v. State & Protect Our Pets and Wildlife,

    Practice Area:
    Government
    Date:
    Jan 01, 2004
    Outcome:
    Victory
    Description:
    Defended challenge to state initiative limiting use of leg hold traps.
  • State ex rel Citizens Against Tolls v. Murphy

    Practice Area:
    Government
    Date:
    Jan 01, 2004
    Outcome:
    Loss
    Description:
    Challenge to state tolling of Tacoma Narrows Bridge.
  • Loeffelholz v. Citizens for Leaders With Ethics & Accountability Now

    Practice Area:
    Litigation
    Date:
    Jan 01, 2004
    Outcome:
    Settlement
    Description:
    SLAPP, defamation and Election Law case
  • Citizens for Responsible Wildlife Mgmt. v. State

    Practice Area:
    Constitutional
    Date:
    Jan 01, 2003
    Outcome:
    Victory
    Description:
    Upheld initiative
  • In re Douglass Schafer

    Practice Area:
    Ethics & Professional Responsibility
    Date:
    Jan 01, 2003
    Outcome:
    Reduction in discipline
    Description:
    Client exposed unethical acts of judge and was suspended by the bar for violating attorney-client privilege.
  • Right Price Recreation. LLC v. Connell's Prairie Community Council

    Practice Area:
    Civil Rights
    Date:
    Jan 01, 2002
    Outcome:
    Victory
    Description:
    SLAPP suit by developer. See: http://seattlepi.nwsource.com/opinion/71540_slapped.shtml OR http://www.freedomforum.org/templates/document.asp? documentID=16267
  • Moss v. Fahey,

    Practice Area:
    Real Estate
    Date:
    Jan 01, 2002
    Outcome:
    Loss
    Description:
    Real estate dispute
  • United States v. Emerson

    Practice Area:
    Constitutional
    Date:
    Jan 01, 2001
    Outcome:
    Second Amendment Issue
    Description:
    United States v. Emerson, 270 F.3d 203 (5th Cir. 2001), cert. denied, 122 S. Ct. 2362 (2002), is a 2001 decision of the Fifth Circuit Court of Appeals holding that the Second Amendment to the United States Constitution guarantees individuals the right to bear arms. The case involved a challenge to the Constitutionality of 18 U.S.C. § 922(g)(8)(C)(ii), a federal statute which prohibited the transportation of firearms or ammunition in interstate commerce by persons subject to a court order that, by its explicit terms, prohibits the use of physical force against an intimate partner or child. The Court engaged in an extensive analysis of the text and history of the Second Amendment and its attendant caselaw (including many state supreme court decisions), and it ultimately determined that the Second Amendment does guarantee individuals the right to keep and bear arms. Nonetheless, the Court held that the particular deprivation of the right to bear arms in the case before it did not violate the Constitution.This decision conflicts with the later holding of the Ninth Circuit Court of Appeals in Silveira v. Lockyer, but agrees with the even later holding of the Court of Appeals for the District of Columbia Circuit in Parker v. District of Columbia. [Source: http://en.wikipedia.org/wiki/United_States_v._Emerson]
  • Washington Initiatives Now (WIN) v. Rippie, 213 F3d 1132 (2000)

    Practice Area:
    Constitutional
    Date:
    Jan 01, 2000
    Outcome:
    Victory
    Description:
    State PDC regulation found unconstitutional. According to the Public Disclosure Commission's 2000 annual report: "Washington Initiatives Now v. Rippie, 213 F.3d 1132 (2000) (May 25, 2000). This was a challenge under the First Amendment to the state statute at RCW 42.17.090(1)(g) and PDC regulation at WAC 390-16-044(1) requiring initiative campaigns to report monthly the names and addresses of payment to petition signature gatherers. The U.S. District Court had granted summary judgment upholding the statute. Upon WIN's appeal to the Ninth Circuit Court of Appeals, the appellate court found that requiring disclosure of amounts paid to initiative circulators violates the First Amendment. The court found the statute and regulation compelled disclosure of information which chilled political speech. The court found the state's asserted interests in fraud detection and in educating voters through campaign finance disclosure did not justify the significant burden imposed upon protected speech." [Source: http://web.pdc.wa.gov/Home/About/annual_reports/2000_ annual_report.aspx] The case can be found here: http://ftp.resource.org/courts.gov/c/F3/213/213.F3d.1132.98-35412.html