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Wash. Supreme Court published opinion — 900884.pdf

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Wash. Supreme Court published opinion — 900884.pdf
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Washington (state)
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damages." Nevertheless, after analyzing the language in context, we held that the CPA

does not allow recovery for emotional distress. Wash. State Physicians Ins. Exch. &

Ass'n v. Fisons Corp, 122 Wn.2d 299,318, 858 P.2d 1054 (1993). We examined the

purpose of the statute at issue, reasoning that the CPA concerns injuries to "'business or

property,"' not personal injuries. Id. Therefore, "actual damages" did not include

emotional distress. Id.

Similarly, as the Supreme Court recently observed, "actual damages" has a

"chameleon-like quality" because "the precise meaning of the term 'changes with the

specific statute in which it is found."' Fed. Aviation Admin. v. Cooper, _U.S._, 132

S. Ct. 1441, 1450, 1449, 182 L. Ed. 2d 497 (2012) (quoting Cooper v. Fed. Aviation

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Admin., 622 F.3d 1016 (9th Cir. 2010) (holding "actual damages" does not include

emotional distress damages as used in the Privacy Act of 1974, codified in part at 5

U.S.C. § 552a)). As the Court noted, sometimes the term includes emotional distress

damages, while in other contexts it includes only pecuniary harm. !d. at 1449.

As discussed, in this case, the statute provides for the recovery of financial losses

caused by displacement; it simply does not address or reasonably encompass emotional

distress damages.

CONCLUSION

We hold that RCW 59.18.085 of the RLTA provides relocation assistance to

tenants. Recovery for emotional distress damages is not available under this statute. We

affirm.

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