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”)?
From the Desk of Brian Schiewe: The WPLA limits when a retailer of a product can be sued in lieu of the product’s manufacturer. These statutory conditions generally turn on whether the plaintiff can prove that the chances of collecting…Read more »
Washington Supreme Court Analyzes Coverage in Tunnel Litigation
From the Desk of Paul Sheely: In this recent case out of Washington, the Washington Supreme Court decided that coverage was not available for a costly 2-year construction delay in the replacement of the Alaskan Way Viaduct. Claims Pointer:…Read more »
Not All Spoliation Spoils A Claim
From the Desk of Brian Schiewe: Discovery sanctions have become a hot topic in Washington. Recently, we have seen more instances of trial courts imposing discovery violations in the form of default judgments. Just a couple months ago, I published…Read more »
An Introduction to Traumatic Brain Injury Claims in Washington
Join Smith Freed Eberhard partner, Gordon Klug, as he provides a basic overview of TBI claims in Washington. Webinar Available On-Demand View the Webinar 11:00 a.m. - 12:00 p.m. PST: Webinar 12:00 p.m. - 12:15 p.m. PST: Q&A Why Watch…Read more »
Fun with Arbitration: Washington Rules LLC’s Bound to the Arbitration Clauses in Their Own Operating Agreements
From the Desk of Partner Gordon C. Klug: Arbitration agreements are necessary and irreplaceable tools used to avoid the expense and public exposure of litigation. However, if the language of an arbitration clause does not make clear which parties are…Read more »
An Interest in Interest: Arbitration and Post-Judgment Interest Under ORS 82.010
From the Desk of Melanie Rose: Arbitration laws can be difficult to parse through, but the Oregon Court of Appeals recently made the task a bit easier, finding that any arbitration award that is reduced to judgment must contain post-judgment…Read more »
Does Covid-19 Trigger Coverage under a Property Insurance Policy?
From the Desk of Partner Gordon C. Klug: Covid-19 created conflict and confusion in every aspect of our lives, including how we interpret insurance policies. And while Washington Courts are still parsing through Covid’s effect on every area of the…Read more »
Delegating a Duty of Care: When Can a Land Owner Delegate a Duty to Keep Others Safe to an Independent Contractor?
From the Desk of Brian Schiewe: In premises liability claims, a landowner has the duty to exercise reasonable care in making their premises safe for invitees, which include independent contractors that are on the premises to perform a job. A…Read more »
What Risks Are Assumed in Construction Work and When Can It Bar Recovery?
From the Desk of Kyle Riley: A plaintiff’s recovery can be barred if the plaintiff consents to the risks of a specific hazard before encountering that hazard. In this case before the Washington Court of Appeals, defendant Spee West claimed…Read more »
Time’s Up: Washington Rules Some Nonretroactive Insurance Policies Unenforceable
From the Desk of Partner Gordon C. Klug: Insurance companies are typically free to contract to limit the liabilities covered by their policies. However, Washington courts will not enforce an insurance policy if it violates public policy. Recently, the…Read more »
Maintaining Safe Workplaces: Whose Duty Is It?
From the Desk of Partner Gordon C. Klug: Developing your land or contracting for someone to work your land can often be a large undertaking. When you hire a general contractor, and they begin hiring subcontractors it can quickly become…Read more »
When Words Count: Terms of Art in Unjust Enrichment and Trespass Claims
From the Desk of Melanie Rose: Legal terminology is important when a court is interpreting statutes and case law. Words like “damage”, “intentional”, and “confer a benefit” are all terms of art in the legal field. Often, decisions made by…Read more »
Washington Supreme Court Asked to Recognize an Exception to the Learned Intermediary Doctrine
From the Desk of Gordon C. Klug: The learned intermediary doctrine has been a part of Washington law since its adoption in 1978. This doctrine protects manufacturers of prescription drugs from liability as long as the manufacturers adequately warn the…Read more »
One Defendant’s Negligence is Another Defendant’s Treasure
From the Desk of Brian Schiewe: Proximate cause is an essential element to a negligence claim and can be hard to prove in asbestos-related cases. Thus, the jury instructions on causation are extremely important in making, or from a defendant’s…Read more »
Delays Have Dangerous Ends
From the Desk of Partner Gordon C. Klug: When William Shakespeare wrote that line, he may as well have had Washington’s substitute service statute in mind. In an unpublished opinion, a Washington Court of Appeal looked at a Plaintiff’s month-long…Read more »
Treble in the Insurance World: Noneconomic Damages and Actual Damages
From the Desk of Brian Schiewe: In Washington, under the Insurance Fair Conduct Act (“IFCA”), insureds can recover any “actual damages” sustained from the unreasonable denial of a claim. The “actual damages” may also be trebled if the court believes…Read more »
Statutes of Limitations: The Importance of Knowing When a Cause of Action Accrues
From the Desk of Partner Gordon C. Klug: The statute of limitations protects defendants from long-dormant claims that could cause injustice and cruelty to them. On the other hand, to avoid any injustice to a plaintiff, he or she…Read more »
Billion Dollar Bust
Claims Alleged: Insurance Bad Faith, CPA Violations, Class Action Damages Alleged: Property Damage, Attorney Fees, Treble Damages, Class Action Civil Penalties Admitted Liability: No The Overview: It’s not every day that an opposing attorney tells you he thinks his case…Read more »