Legal Alerts
Oregon & Washington
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Our Legal Alerts provide readers with a summarized review of significant changes in case law in Oregon and Washington. We publish our Legal Alerts when significant changes are released. You may also sign up to receive an email newsletter containing new Oregon and Washington Legal Alerts as they are published.
October 15, 2025
| Legal Alert
Timing Is Everything: The Dog Bite Case That Took a Bite Out of Procedural Rules
Dog Bite
Personal Lines
Statute of Limitations
By: Ashley Nagrodski
June 2, 2025
| Legal Alert
Timing Is Everything: The Dog Bite Case That Took a Bite Out of Procedural Rules
Dog Bite
Personal Lines
Statute of Limitations
By: Ashley Nagrodski
May 28, 2025
| Legal Alert
Washington Contractors: Foreseeable Risks Impose a Foreseeable Duty
Commercial Liability Defense
Construction Defect Litigation
General Contractors
Jobsite Injury
Subcontractors
By: Brian Schiewe
May 1, 2025
| Legal Alert
Send Clear and Unambiguous Written Settlement Tenders or Face the Fees: Oregon Court of Appeals Rejects Ambiguous Email Settlement Offer as ‘Tender’ in ORS 20.080 Cases.
Attorney Fees
General Liability
ORS 20.080 Attorney Fee
Small Tort Claims
By: Cliff Wilson
August 19, 2024
| Legal Alert
$10 Million Punitive Damages Award Violative of the U.S. Constitution
Punitive Damages
Tenant Landlord
By: Melanie Rose
July 24, 2024
| Legal Alert
The Term “Negligence” Is Not Required, but Probably Necessary to Shield Contracting Party from Liability
Negligence
By: Melanie Rose
July 2, 2024
| Legal Alert
When Must a University Protect a Student from Harm Inflicted by a Third Party?
Negligence
By: Brian Schiewe
April 2, 2024
| Legal Alert
The Washington State Supreme Court Rejects the Apex Doctrine
Civil Procedure
By: Brian Schiewe
February 22, 2024
| Legal Alert
Plaintiff’s Preexisting Medical Condition Does Not Always Require The “Substantial Factor” Jury Instruction
Negligence
By: Josh Hayward
January 3, 2024
| Legal Alert
When is a Landowner Allowed to Delegate the Duty of Care to an Independent Contractor to Ensure Others’ Safety?
Jobsite Injury
Premises Liability
By: Brian Schiewe
October 10, 2023
| Legal Alert
Can a Medical Professional be Liable to a Patient’s Caregiver?
Negligence
By: Melanie Gillette
July 26, 2023
| Legal Alert
Surprise Scope Changes: How a Resulting Loss Clause Can Bring Unexpected Damage Back into Coverage
Breach of Contract
Insurance Defense
By: Firm Authorship
June 8, 2023
| Legal Alert
Don’t Walk on Thin Ice: The Defense of Implied Primary Assumption of the Risk May Render Unavailable in Snow and Ice Slip and Fall Cases
Commercial Liability Defense
Premises Liability
By: Brian Schiewe
May 25, 2023
| Legal Alert
A Contractual Defect: Washington Supreme Court Rules Contractual Time-Limitation Provision Unenforceable in Construction Defect Case
Construction Defect Litigation
Statute of Limitations
By: Brian Schiewe
May 18, 2023
| Legal Alert
Plead it or Weep: You Can’t Assert a New Theory of Liability in Response to a Motion for Summary Judgment
Negligence
Premises Liability
Procedure
By: Josh Hayward
April 20, 2023
| Legal Alert
Washington Supreme Court Examines the Use of Racial Bias in a Civil Jury Trial
General Litigation
By: Joy Lee
April 14, 2023
| Legal Alert
The Action Accrues at Breach: The Oregon Court of Appeals Refuses to Apply the Discovery Rule to Breach of Contract Cases
Construction Defect Litigation
Statute of Limitations
By: Michael Staskiews
April 11, 2023
| Legal Alert
Millay Preserved: Washington Court Rules No New Standard for Equitable Tolling
General Liability
Procedure
By: Firm Authorship
April 6, 2023
| Legal Alert
The Court Needs Your Autograph: Washington Court Rules A Party Must Personally Sign Requests for Trial De Novo in Arbitration
Arbitration
General Liability
By: Firm Authorship
February 1, 2023
| Legal Alert
Oregon Court of Appeals Rules Special Relationship Required for Purely “Psychic Damages” in Negligence Claims
Negligence
By: Melanie Rose
January 18, 2023
| Legal Alert
When Can a Claimant Sue a Retailer In Lieu of a Product Manufacturer and Who Has The Burden Proof Under the Washington Products Liability Act (“WPLA”)?
Products Liability
By: Brian Schiewe
January 17, 2023
| Legal Alert
Washington Supreme Court Analyzes Coverage in Tunnel Litigation
General Litigation
Policy Interpretation
By: Paul Sheely
January 13, 2023
| Legal Alert
Of Horse and Man: Can a Malnourished Horse Sue Its Owner?
Negligence
By: Josh Hayward
December 14, 2022
| Legal Alert
Not All Spoliation Spoils A Claim
General Litigation
Negligence
By: Brian Schiewe
November 18, 2022
| Legal Alert
Fun with Arbitration: Washington Rules LLC’s Bound to the Arbitration Clauses in Their Own Operating Agreements
Arbitration
General Liability
By: Firm Authorship
November 9, 2022
| Legal Alert
An Interest in Interest: Arbitration and Post-Judgment Interest Under ORS 82.010
Arbitration
General Liability
By: Melanie Rose
November 3, 2022
| Legal Alert
Does Covid-19 Trigger Coverage under a Property Insurance Policy?
General Liability
Policy Interpretation
By: Firm Authorship
October 24, 2022
| Legal Alert
You’ve Got Mail: Don’t Miss Your Deadlines Because You are Waiting for Mail
Arbitration
General Litigation
By: Josh Hayward
October 20, 2022
| Legal Alert
Delegating a Duty of Care: When Can a Land Owner Delegate a Duty to Keep Others Safe to an Independent Contractor?
Jobsite Injury
Premises Liability
By: Brian Schiewe
October 10, 2022
| Legal Alert
By Failing to Fully Admit Liability, The Door to Distracted Driving Evidence (Cell Phone Use), May Be Opened
Negligence
By: Jeff Eberhard
October 3, 2022
| Legal Alert
What Risks Are Assumed in Construction Work and When Can It Bar Recovery?
Jobsite Injury
Negligence
By: Kyle Riley
September 19, 2022
| Legal Alert
Time’s Up: Washington Rules Some Nonretroactive Insurance Policies Unenforceable
Construction Defect Litigation
General Liability
By: Firm Authorship
September 8, 2022
| Legal Alert
Oregon’s Wrongful Death Statute and ORCP 44C: Who is a “Party”?
Personal Injury
Wrongful Death
By: Melanie Rose
August 31, 2022
| Legal Alert
Maintaining Safe Workplaces: Whose Duty Is It?
Jobsite Injury
By: Firm Authorship
August 25, 2022
| Legal Alert
Schools Are Held to A Higher Standard of Duty When It Comes to the Safety of Students, But Plaintiffs Must Still Prove That Risk of Harm was Foreseeable
Commercial Liability Defense
Sexual Misconduct
By: Cliff Wilson
August 16, 2022
| Legal Alert
Savings Clauses as Life Savers: How to Resuscitate a Contract
Arbitration
General Litigation
By: Josh Hayward