Amaker v. King County

Summary

The Ninth Circuit certified questions to the Washington Supreme Court concerning whether a decedent’s sister may bring a tortious-interference-with-a-corpse claim and whether Washington’s Anatomical Gift Act creates an implied private right of action. The court stayed further proceedings pending the Washington Supreme Court’s decision on whether to accept and answer the certified questions.

Holdings

1. Certification was appropriate because Washington law did not clearly determine which persons may bring a tortious-interference-with-a-corpse claim and the answer was necessary and potentially dispositive of Amaker's claim.
2. Certification was appropriate because no Washington court had decided whether the Washington Anatomical Gift Act created an implied private right of action, and the answer was necessary to resolve the appeal.

Questions Presented

1. Whether Washington law limits standing to bring a tortious-interference-with-a-corpse claim to persons who were the statutory next of kin entitled to dispose of the decedent's remains.
2. If Washington law recognizes a broader class of claimants, whether the decedent's sister falls within that class.
3. Whether the Washington Anatomical Gift Act creates an implied private right of action.

Disposition

other