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.
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…
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Thursday May 30, 2019
By: Kyle Riley
Oregon Case Update: Oregon Supreme Court Determines that the Noneconomic Damages Cap Does Not Apply in Any Case Involving Workers’ Compensation
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…
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Thursday April 25, 2019
By: Ryan McLellan
Washington Case Law Update: Unusual Injury Suffered While Riding a Roller Coaster Allows a Plaintiff to Utilize the Doctrine of Res Ipsa Loquitur
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…
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Thursday April 18, 2019
By: Kyle Riley
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
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…
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Thursday April 4, 2019
By: Jeff Eberhard
Oregon Case Law Update: Oregon Court of Appeals Reminds Litigants That Medical Bills Alone Do Not Prove That Their Treatment was Reasonable
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…
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Thursday March 28, 2019
By: Cliff Wilson
Washington Case Law Update: Material Facts Available in the Public Domain Lead to Dismissal of Real Estate Buyer's Lawsuit
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…
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Thursday March 14, 2019
By: Kyle Riley
Oregon Case Update: What Qualifies as an Excess Policy in the State of Oregon?
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…
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Thursday February 21, 2019
By: Firm Authorship
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
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…
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Thursday February 14, 2019
By: Josh Hayward
Washington Case Law Update: Washington Court Of Appeals Reminds Insurers That Ambiguous Insurance Provisions Must Be Resolved In Favor Of the Insured
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…
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Thursday January 31, 2019
By: Kyle Riley
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
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…
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Wednesday January 23, 2019
By: Firm Authorship
Oregon Case Law Update: Oregon Trial Court’s Award of Reduced Attorney Fees Subject to Remand Due to Insufficient Explanation
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,…
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Thursday January 17, 2019
By: Josh Hayward
Washington Case Law Update: Summary Judgment Affirmed After Plaintiff Fails to Provide Evidence Showing the Cause of a Fall
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)…
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Thursday January 10, 2019
By: Kyle Riley
Washington Case Law Update: Insured’s Bad Faith Lawsuit is Revived after the Washington Court of Appeals Interprets Ambiguous Insurance Terms against the Insurer
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…
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Thursday January 3, 2019
By: Josh Hayward
Oregon Case Law Update: Oregon Supreme Court Limits the Applicability of Oregon’s Statute of Repose in Product Liability Actions
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…
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Thursday December 13, 2018
By: Ryan McLellan
Oregon Case Update: Oregon Supreme Court Restricts the Scope of Discoverable Communications Between Plaintiffs and Treating Physicians
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…
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Thursday December 6, 2018
By: Cliff Wilson
Oregon Case Law Update: Plaintiffs Must Show Diminished Property Value in Order to Prevail on a Timber Trespass Claim Involving Ornamental Trees
Legal Alert
Oregon Case Law Update: Plaintiffs Must Show Diminished Property Value in Order to Prevail on a Timber Trespass Claim Involving Ornamental Trees From the Desk of Joshua P. Hayward: Defending timber trespass cases is complicated by the fact that if plaintiff…
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Thursday November 8, 2018
By: Josh Hayward
Washington Case Law Update: Damages and Attorney Fee Exposure Can Make a Mistaken Coverage Denial a Costly Error
Legal Alert
Washington Case Law Update: Damages and Attorney Fee Exposure Can Make a Mistaken Coverage Denial a Costly Error From the desk of Kyle D. Riley: Denying coverage under an insurance policy in Washington is a risky proposition. Damages and attorney fee…
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Thursday November 1, 2018
By: Kyle Riley
Oregon Case Law Update: Oregon Court of Appeals Reminds Litigants That Destruction of Evidence Can Warrant Serious Sanctions
Legal Alert
Oregon Case Law Update: Oregon Court of Appeals Reminds Litigants That Destruction of Evidence Can Warrant Serious Sanctions From the desk of Bill Taaffe: Spoliation occurs when, among other things, one party to a lawsuit destroys or otherwise hides relevant evidence from…
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Thursday October 25, 2018
By: William Taaffe
