RNWLG Obtains Malicious Prosecution Verdict

On March 17, 2026, a Yakima County Superior Court jury awarded Mark Peterson $480,000 in damages and found that the City of Yakima, former City Manager Tony O’Rourke, and former Deputy Fire Chief Mark Soptich, liable for malicious prosecution. Attorneys Matt Crotty, Matt Mensik, and Mike Love tried the case.

In 2013, the City of Yakima was pushing a new “Downtown Master Plan” that include a new “Downtown Plaza.” The plan was controversial. Mark Peterson was visible and vocal opponent of the Master Plan and Plaza. Mr. Peterson organized opposition to the Master Plan vocally opposed the proposal directly to city officials.

On November 5, 2013, Mr. Peterson attended a presentation by City officials where he continued to oppose the Master Plan. Later that afternoon, a fire inspector appeared at Mr. Peterson’s store, H&H Furniture, and told a store employee there was a problem with the ceiling in the basement showroom. On November 19, 2013, the inspector delivered a letter to Mr. Peterson, which Mr. Peterson alleges demanded that H&H Furniture had until January 31, 20214 (73 days) to complete an expensive replacement of the basement ceiling, which was over 6,000 square feet. 

When the fire inspector returned on January 31, 2014 for a “compliance reinspection,” Mr. Peterson was not present at H&H Furniture. His staff asked that the fire inspector make an appointment for the inspection. Instead, the City of Yakima charged Mr. Peterson with “denying a fire inspection,” even though Mr. Peterson was not present at the time of the attempted inspection.

Mr. Peterson alleges that the evidence showed that City officials, including former City Manager Tony O’Rourke, personally involved themselves in the municipal misdemeanor prosecution or Mr. Peterson and pushed for his prosecution. Many months later the City of Yakima dismissed the prosecution. Years later, the City also dropped the requirement that Mr. Peterson conduct expensive work on the basement ceiling.

In 2017, Mr. Peterson filed suit against the City of Yakima, and its agents, for malicious prosecution, claiming that the charges were initiated for an improper purposes, specifically, suppressing his vocal opposition to the City’s plans.

The case involves two appearances before the Ninth Circuit Court of Appeals. The second Ninth Circuit argument happened following a one week federal jury trial that took place in August 2022 where the federal judge improperly instructed the jury on an element of the malicious prosecution claim. Attorney Casey Bruner successfully argued before the Ninth Circuit which allowed the case to be retried.

From March 9 through March 16, 2026, nine years later, Mr. Peterson was finally allowed to try his case based upon a correct recitation of the law on his malicious prosecution claim. The case was presented to a six-member jury. The next day, the jury found that the City of Yakima, including its agents, former City Manager Tony O’Rourke, and former Deputy Fire Chief Mark Soptich, liable for malicious prosecution. The jury award $4,000 in lost wages, $189,000 in lost business revenue, $12,000 in attorney’s fees defending the underlying criminal case, and $275,000 in emotional distress, pain, and suffering.

News on the verdict can be found here: https://www.yakimaherald.com/news/local/crime_and_courts/jury-finds-city-and-former-officials-liable-for-prosecuting-yakima-businessman-over-plaza/article_71e99242-11c4-4f26-88e9-78caf99e2859.html

For more information on RNWLG’s trial and appellate practice group, please contact Matt Crotty, Matt Mensik, Michael Love, or Casey Bruner.

RNWLG Obtains $1.8 Million Jury Verdict in Favor of Corey Jacobsen for NIL Violations

On February 6, 2026, a Kootenai County jury found that Rocky Mountain Hunting Calls & Supplies, LLC (“Rocky Mountain”), a Post Falls based company, violated Idaho law by using Corey Jacobsen’s name, image and likeness (“NIL”) without his permission for a three year period in the promotion of its products. The jury awarded $900,000 in economic damages and $900,000 in general damages.

Corey Jacobsen is an eleven-time world elk-calling champion, and began granting permission for RMHC to utilize his personal name, image and likeness to promote Rocky Mountain products that were part of the “Elk101 Signature Series” of elk calls in 2011.  Mr. Jacobsen further alleged significant changes occurred at Rocky Mountain in 2022 that led him to sever ties. In November of 2022, Mr. Jacobsen instructed Rocky Mountain to cease and desist using his NIL.  Mr. Jacobsen alleged that Rocky Mountain ignored his repeated demands to cease the use of his NIL and his subsequent attempts to resolve issues relating to Rocky Mountain’s existing product inventory.  In February 2023, Rocky Mountain sued Mr. Jacobsen. Mr. Jacobsen then counter-sued Rocky Mountain for invasion of privacy, specifically for using his NIL without his permission.

Before trial, the court dismissed Rocky Mountain’s claims against Mr. Jacobsen and allowed Mr. Jacobsen’s invasion of privacy claim to proceed to trial.  The trial ran from February 2 – 6.

The case is captioned CV28-23-0741 Kootenai County, Idaho District Court.

Judge Casey Simmons presided over the trial.

For more information about RNWLG’s trial practice, please contact Matt Crotty, Matt Mensik, or Casey Bruner.

Contineo Tech., Inc. v. Intrinium, Inc.

Successfully defended fraud and negligent misrepresentation claims against client in a bench trial; neither party prevailed on breach of contract claims

RNWLG Defends First Amendment Protections

January 11, 2024 - RNWLG represented a the parent company of a news outlet and media company defending against claims of defamation and violations of Washington’s Consumer Protection Act. At the trial court, the defendant asserted its rights under Washington’s Uniform Public Expression Protection Act and sought summary dismissal of the claims. The trial court dismissed the CPA claim but held that the UPEPA did not apply to the defamation claims. The Washington Court of Appeals for Division III issued its published decision upholding the dismissal of the CPA claim and reversing the trial court on the defamation claim holding that UPEPA did apply to the defamation claims. The Court of Appeals remanded for further proceedings and ordered the trial court to impose attorneys’ fees against the plaintiff in favor of the defendant.

Thurman v. Knezovich

Wn. App. No. 38444-6-III, 2023 WL 140073, at *1 (Wash. Ct. App. Jan. 10, 2023)

Successfully represented a regional media company before the Court of Appeals on an issue of first impression and against third-party discovery attempts, which violated Washington’s Reporter Shield and Privilege Law.

Peterson v. City of Yakima, et al.

No. 1:18-CV-03136 (E.D. Wash 2022)

Represented client on claims of First Amendment retaliation, malicious prosecution and civil conspiracy; currently on appeal.

Silvey v. Numerica Credit Union

519 P.3d 920 (Wash. Ct. App. 2022)

Successfully defended financial institution before trial and appellate courts against a class action.