A federal court judge has certified a Spokane law firm’s challenge to a state statute it argues is unconstitutional.

The challenge to the law, which prohibits non-U.S. residents from filing claims against individuals or companies in this country, stems from a wrongful death lawsuit filed by Paine Hamblen LLP on behalf of the family of a South Korean woman killed on a tour bus on the Aurora Bridge in Seattle last year.

The tour bus on which she was a passenger was hit by an amphibious vehicle—called a duck boat—which has the ability to travel by land and water.

Paine Hamblen attorney William C. Schroeder says the court’s certification clears a significant first step.

“The judge can always say no to our legal position, so the fact it was certified and placed before the attorney general’s office is encouraging to us,” Schroeder says.

The AG’s office can either argue against Paine Hamblen’s challenge or not respond, referring the case back to U.S. District Court Judge Thomas Zilly for a final decision, Schroeder says.

Paine Hamblen filed the wrongful death claim in December against Ride the Ducks of Seattle LLC, a subsidiary of Missouri based-based Ride the Ducks International LLC. The firm represents the estate of Ha Ram Kim, a 20-year-old South Korean student who had a U.S. student visa and was enrolled in a study abroad program at North Seattle College.

Kim was one of four students killed in the crash, and more than 60 people reported injuries ranging from minor to serious.

The tour companies cite the Washington state law prohibiting non-U.S. residents from filing claims against individuals or companies in this country.