Content Type
Case Updates
Legal Alert
Washington Case Update: Washington Court of Appeals Sides with Insurer in Dispute Over How Much a Church Was Entitled to in Compensation Under its Policy Following A Fire From the desk of Smith Freed Eberhard:  When a structure burns down and is covered by an insurance policy, the insured is generally entitled to receive compensation for the value of the structure…
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Thursday May 30, 2019 By: Kyle Riley
Legal Alert
Washington Statute Change: Washington Duck Boat Crash Leads to Wrongful Death Statute Change From the desk of Tom McCurdy:  In 2015, a duck boat amphibious vehicle veered across several lanes of traffic in Seattle, crashing into a bus carrying foreign students, killing five. The families of some of those foreign students that were killed sought, but were unable, to file…
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Thursday May 2, 2019 By: Thomas McCurdy
Legal Alert
Oregon Case Update: Oregon Supreme Court Determines that the Noneconomic Damages Cap Does Not Apply in Any Case Involving Workers’ Compensation From the Desk of Ryan McLellan: Oregon’s $500,000 noneconomic damages cap purports to limit the amount of noneconomic damages a plaintiff can recover. One purported exception, which has long been advocated for by plaintiff’s counsel in an attempt to…
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Thursday April 25, 2019 By: Ryan McLellan
Legal Alert
Washington Case Update: Unusual Injury Suffered While Riding a Roller Coaster Allows a Plaintiff to Utilize the Doctrine of Res Ipsa Loquitur From the desk of Kyle D. Riley: In personal injury lawsuits alleging negligence, the plaintiff has the burden of proving that a defendant breached a duty owed to the plaintiff. In some cases, however, plaintiffs are able to utilize…
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Thursday April 18, 2019 By: Kyle Riley
Legal Alert
Oregon Case Law Update: Disturbing Court of Appeals Decision Reversed - Oregon Supreme Court Reaffirms That Restaurants and Taverns Do Have Immunity For “First Party” Claims of Over-Service of Alcohol. From the Desk of Jeff Eberhard: In 2017, the Oregon Court of Appeals sent shockwaves through the hospitality industry when it held that a section of Oregon’s liquor liability statute was…
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Thursday April 4, 2019 By: Jeff Eberhard
Legal Alert
Oregon Case Law Update: Oregon Court of Appeals Reminds Litigants That Medical Bills Alone Do Not Prove That Their Treatment was Reasonable. From the desk of Cliff Wilson: In order to receive compensation for injuries, plaintiffs in negligent personal injury cases must prove their injuries and associated expenses were causally related to the alleged incident and reasonable in amount and…
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Thursday March 28, 2019 By: Cliff Wilson
Legal Alert
Washington Case Law Update: Material Facts Available in the Public Domain Lead to Dismissal of Real Estate Buyer's Lawsuit From the desk of Kyle Riley: A basic component of real estate transactions is the seller’s obligation to disclose existing, known material facts of the property. A failure to properly disclose all such material facts can lead to lawsuits against any…
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Thursday March 14, 2019 By: Kyle Riley
Legal Alert
Washington Case Law Update: Inconsistent Testimony Leads to Summary Judgment Against an Injured Tourist From the desk of Tom McCurdy: Summary judgment is appropriate when a party is unable to provide enough evidence to establish the existence of an essential element of their case. Oftentimes, a party against whom summary judgment is sought will use a declaration to provide enough…
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Thursday February 28, 2019 By: Thomas McCurdy
Legal Alert
Oregon Case Update: What Qualifies as an Excess Policy in the State of Oregon? From the Desk of Ryan McLellan: Oregon law imposes certain minimal financial responsibility laws on providers of motor vehicle liability insurance. However, there are several types of insurance that are statutorily exempted from those minimum requirements. One exempted type of policy is an excess liability policy. How…
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Thursday February 21, 2019 By: Firm Authorship
Legal Alert
Oregon Case Law Update: Oregon Court of Appeals Requires an Insurer to Indemnify its Insured for Intentional Timber Trespass Claim Despite an Exclusion for Intentional Acts From the Desk of Joshua P. Hayward: Commercial general liability insurance policies issued in the state of Oregon typically include the duties to defend and indemnify. A common exclusion in these policies is an…
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Thursday February 14, 2019 By: Josh Hayward
Legal Alert
Washington Case Law Update: Washington Court Of Appeals Reminds Insurers That Ambiguous Insurance Provisions Must Be Resolved In Favor Of the Insured From the desk of Jeff Eberhard: In Washington, insurance companies denying coverage are consistently challenged over ambiguous provisions in policies they issue. When provisions are ambiguous, courts have ruled in favor of the insured. When an underinsured motorist policy…
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Thursday January 31, 2019 By: Kyle Riley
Legal Alert
Washington Case Law Update: Plaintiff Must Attempt Service at ALL Known Addresses of Defendant – Whether in Washington or Elsewhere – Before Substitute Service on Secretary of State is Proper From the desk of Smith Freed Eberhard: Washington law permits a plaintiff injured in a car accident to serve the secretary of state with the summons and complaint—instead of the defendant—in…
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Wednesday January 23, 2019 By: Firm Authorship
Legal Alert
Oregon Case Law Update: Oregon Trial Court’s Award of Reduced Attorney Fees Subject to Remand Due to Insufficient Explanation  From the Desk of Joshua P. Hayward: Attorney fee exposure can cause small cases to turn into big problems. In some cases, the prevailing party’s fees may be reduced by the trial court if they are unreasonable, unrelated, or excessive. What factors…
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Thursday January 17, 2019 By: Josh Hayward
Legal Alert
Washington Case Law Update: Summary Judgment Affirmed After Plaintiff Fails to Provide Evidence Showing the Cause of a Fall From the desk of Kyle D. Riley: Claims for negligence in Washington require a plaintiff to prove (1) duty, (2) breach, (3) injury, and (4) proximate causation. If a plaintiff has 11 different theories potentially establishing liability, will that be sufficient to…
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Thursday January 10, 2019 By: Kyle Riley
Legal Alert
Washington Case Law Update: Insured’s Bad Faith Lawsuit is Revived after the Washington Court of Appeals Interprets Ambiguous Insurance Terms against the Insurer From the Desk of Joshua P. Hayward: Washington law permits insureds to bring bad faith actions against insurers when claims made under their insurance policies are denied. Occasionally, these lawsuits focus on the interpretation of insurance policies and…
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Thursday January 3, 2019 By: Josh Hayward
Legal Alert
Washington Case Law Update: Washington Supreme Court Adopts the “Apparent Manufacturer” Doctrine in Product Liability Actions Arising Before 1981 From the desk of Tom McCurdy: Washington law permits injured plaintiffs to bring product liability actions against product manufacturers when they are injured as the result of a manufacturing defect. What if a company does not manufacture a product, but holds…
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Thursday December 20, 2018 By: Thomas McCurdy
Legal Alert
Oregon Case Law Update: Oregon Supreme Court Limits the Applicability of Oregon’s Statute of Repose in Product Liability Actions From the Desk of Smith Freed Eberhard: Oregon limits the timeframe for initiating a product liability civil action for personal injury or property damage to ten years from the date of purchase (statute of ultimate repose). In cases where the product…
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Thursday December 13, 2018 By: Ryan McLellan
Legal Alert
Oregon Case Update: Oregon Supreme Court Restricts the Scope of Discoverable Communications Between Plaintiffs and Treating Physicians  From the Desk of Ryan McLellan: Communications between plaintiffs and their treating physicians have long been discoverable in Oregon depositions after the plaintiff has put their injuries at issue. Does the physician-patient privilege in Oregon’s evidence code now allow plaintiffs to refuse to answer…
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Thursday December 6, 2018 By: Cliff Wilson
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