The Washington State Supreme Court Rejects the Apex Doctrine
Legal Alert
From the Desk of Brian Schiewe: The “Apex Doctrine” is a legal principle aimed at protecting top executives from having to sit for a deposition in certain situations. The Doctrine recognizes that for corporate litigants, depositions involving high-ranking officers can…
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Tuesday April 2, 2024
By: Brian Schiewe
When is a Landowner Allowed to Delegate the Duty of Care to an Independent Contractor to Ensure Others’ Safety?
Legal Alert
From the Desk of Brian Schiewe: In a recent Washington State Supreme Court decision, the Court affirmed that a landowner may delegate to a qualified independent contractor its duty to invitees to remediate known or obvious dangers. In premises liability…
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Wednesday January 3, 2024
By: Brian Schiewe
Preserving Precedent: Defending Commercial Landlord Liability Through Recent Victory in High Exposure Dog Bite Case
Success Story
Claims Alleged: Dog Bite Liability, Commercial Landlord Liability, and Negligence The Overview: Seattle Partner Brian Schiewe and Associate Rachel O’Hanlon recently prevailed on a motion for summary judgment in a high exposure matter involving a vicious dog attack. Brian and Rachel’s clients…
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Thursday October 26, 2023
By: Brian Schiewe
Are Your Pre-Litigation UIM Investigations and Negotiations Setting You Up for Potential Attorney Fee Awards and Costs if Subsequent Litigation is Filed?
Legal Alert
From the Desk of Ashley Nagrodski: It is imperative that your pre-litigation UIM evaluations take a pro-active approach when investigating your insured’s claims and that you make an offer to pay once the investigation is complete. Failure to properly investigate,…
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Wednesday September 13, 2023
By: Ashley Nagrodski
The Risk of Attorney Fees in UIM Cases: A Brief Update on Recent Case Law
Webinar
Join Smith Freed Eberhard Partner Ashley Nagrodski and Senior Associate John Barton as they discuss a recent significant case, Ratty v. Progressive, and the timeline of UIM claims handling in the state of Washington. This case is important for insurers…
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Tuesday September 5, 2023
By: Firm Authorship
Surprise Scope Changes: How a Resulting Loss Clause Can Bring Unexpected Damage Back into Coverage
Legal Alert
From the Desk of Gordon Klug: Ambiguities in an insurance policy are always construed against the drafter and courts are reluctant to construe exclusions in a manner that limits the scope of coverage. When a provision like a resulting loss…
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Wednesday July 26, 2023
By: Firm Authorship
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
Legal Alert
From the Desk of Brian Schiewe: The Washington State Court of Appeals (Div. III) recently reversed the summary judgment dismissal of a slip-and-fall on ice that was based on Defendants’ affirmative defense of primary assumption of risk. In Washington, primary assumption…
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Thursday June 8, 2023
By: Brian Schiewe
A Contractual Defect: Washington Supreme Court Rules Contractual Time-Limitation Provision Unenforceable in Construction Defect Case
Legal Alert
From the Desk of Brian Schiewe: The general rule in Washington is that contracting parties will be bound to the terms of their agreement. However, sometimes contract provisions can be found substantively unconscionable and therefore void and unenforceable. Here, the…
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Thursday May 25, 2023
By: Brian Schiewe
Commercial Lines in Washington: 2022 Year in Review
Webinar
Join Smith Freed Eberhard Partners, Kyle Riley and Ashley Nagrodski, as they discuss significant commercial lines cases from 2022 in Washington with a focus on the impact these cases will have on commercial lines claims management. Webinar Available On-Demand Webinar…
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Wednesday May 10, 2023
By: Firm Authorship
Washington Supreme Court Examines the Use of Racial Bias in a Civil Jury Trial
Legal Alert
From the Desk of Partner Joy Lee: On October 20, 2022, the Washington Supreme Court handed down a decision aimed at addressing the issue of racial bias in a civil courtroom and whether it played a factor in the verdict. …
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Thursday April 20, 2023
By: Joy Lee
Millay Preserved: Washington Court Rules No New Standard for Equitable Tolling
Legal Alert
From the Desk of Partner Gordon C. Klug: Statutes of limitation protect defendants from claims brought outside of a certain time limit. But equitable tolling is a way that a plaintiff can get around that time limit if certain standards…
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Tuesday April 11, 2023
By: Firm Authorship
The Court Needs Your Autograph: Washington Court Rules A Party Must Personally Sign Requests for Trial De Novo in Arbitration
Legal Alert
From the Desk of Partner Gordon C. Klug: Arbitration rules can be complicated. While amendments typically help clarify these rules, if a party does not keep updated on these changes, they can run into costly trouble. Claims Pointer: In this…
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Thursday April 6, 2023
By: Firm Authorship
Personal Lines in Oregon and Washington: 2022 Year in Review
Webinar
Join Smith Freed Eberhard partners, Cliff Wilson and Josh Hayward, as they provide a basic overview of Oregon and Washington personal lines cases in 2022 including recent developments and real-world examples. Webinar Available On-Demand View the Webinar Tuesday, April 18th…
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Wednesday April 5, 2023
By: Firm Authorship
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”)?
Legal Alert
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…
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Wednesday January 18, 2023
By: Brian Schiewe
Washington Supreme Court Analyzes Coverage in Tunnel Litigation
Legal Alert
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:…
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Tuesday January 17, 2023
By: Paul Sheely
Not All Spoliation Spoils A Claim
Legal Alert
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…
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Wednesday December 14, 2022
By: Brian Schiewe
An Introduction to Traumatic Brain Injury Claims in Washington
Webinar
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…
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Friday November 18, 2022
By: Firm Authorship
Fun with Arbitration: Washington Rules LLC’s Bound to the Arbitration Clauses in Their Own Operating Agreements
Legal Alert
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…
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Friday November 18, 2022
By: Firm Authorship
