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Washington Case Law Update: Determining Whether Communications Between Attorneys Constitute a Settlement Agreement
Washington Case Law Update: Determining Whether Communications Between Attorneys Constitute a Settlement Agreement From the desk of Kyle D. Riley: Attorneys representing...
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Washington Case Law Update: No Damages Recoverable under New Home Sale Agreement for Improperly Installed...
Washington Case Law Update: No Damages Recoverable under New Home Sale Agreement for Improperly Installed Stone Façade where Hidden Defects do...
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Oregon and Washington Case Law Update: Insurance Coverage Cases with “Okay” and “Awful” Results
Oregon and Washington Case Law Update: Insurance Coverage Cases with “Okay” and “Awful” Results From the Desk of Smith Freed...
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Oregon Construction Case Law Update: Prior Continuous Property Damage Will Trigger Policy
Oregon Construction Case Law Update: Prior Continuous Property Damage Will Trigger Policy From the desk of Paul Sheely: Where...
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Construction Defect Oregon and Washington Law Summary - 2018 Edition
This claims training manual provide claims and business professionals with an overview of Oregon and Washington case and statutory law. Our...
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Oregon Construction Case Law Update: Retaining Right to Control Safety Measures Will Lead to Contractor Liability
Oregon Construction Case Law Update: Retaining Right to Control Safety Measures Will Lead to Contractor Liability From the desk of...
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Oregon Case Law Update: Subsequent Purchaser of Real Property can Sue for Preexisting Property Damage
Oregon Case Law Update: Subsequent Purchaser of Real Property can Sue for Preexisting Property Damage From the Desk of Smith...
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WA Case Update: Unambiguous Policy Avoids Large Payout
From the Desk of Kyle D. Riley: When an insurance company denies coverage, often the resolution of the case will...
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WA Case Update: Court Finds Breach of Independent Duty Even without Actual Property Damage
From the desk of Paul Sheely: The “independent duty doctrine,” also referred to as the “economic loss rule,” describes the...
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OR Case Update: Putting that Final Nail in the Coffin: When will Duplicative Litigation be Barred?
From the desk of Joshua P. Hayward: When a plaintiff’s original action is dismissed without prejudice, will issue preclusion bar...
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OR Case Update: When is a Court Incorrect in Awarding Specific Fees?
From the desk of Cliff J. Wilson: In what context will an award for attorney fees or enhanced prevailing party...
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OR Case Update: Which 10-Year Statute of Repose Will Apply to a “Spec” Home Purchase?
From the desk of Paul Sheely: In a construction defect case involving a purchase and sale agreement for a “spec”...
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OR Case Update: Oregon Court Clears the Path for Covenant Judgments
From the desk of Smith Freed Eberhard: In this game changing decision, the Oregon Supreme Court made two key decisions...
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OR Case Update: Broad Pleading Triggers Duty to Defend Additional Insured in Construction Defect Case Under “Ongoing Operations” Endorsement
From the desk of Smith Freed Eberhard: Why does a complaint that makes no reference to the timing of damage...
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Legal Webcast: The Art of Arbitration: Strategically Structuring Your Case in Washington
Mandatory Arbitration (MAR) can be a complex aspect in any litigation strategy. Strategic decisions must continually be made from the...
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Legal Webcast: 2014 Case Law Roadshow: A Year End Review - Washington Edition
Let’s take a journey back in time to 2014 to see what important legal changes took place in the Washington...
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OR Case Update: Court Refuses to Reform Policy to Allow Recovery of $18 Million Verdict
From the desk of Jeff Eberhard: Last year, the Oregon Court of Appeals upheld an $18 million dollar verdict in...
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OR Case Update: Common-Law Indemnity for Negligence (Probably) Obsolete
From the desk of Smith Freed Eberhard: Although comparative fault and common-law indemnity have coexisted in Oregon since 1971, the...
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OR Case Update: Good News for Subcontractors: Limited Defense Obligation under Indemnity Clauses
From the desk of Smith Freed Eberhard: This case represents a significant departure from well-established indemnity law for “construction agreements”...
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OR Case Update: General Contractors: Guarding Yourself against Subcontractors’ Employees
From the desk of Ryan McLellan: Courts often find a way to make general contractors liable for the injuries of...
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WA Case Update: Corporate Confusion: Amending the Complaint after the Statute of Limitations Period
From the desk of Kyle Riley: Is a plaintiff allowed to amend her complaint after the statute of limitations has...
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WA Case Update: Not So Personal Service: Secondhand Service Sufficient
From the desk of Kyle Riley: Is the benevolent relative who hands the defendant an improperly served summons and complaint...
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OR Case Update: Side Deals with Plaintiff - Sideways with Co-Defendant; Off-sides or Just Good Defense?
From the desk of Jeff Eberhard: In this case the defendant entered into a settlement agreement that set a low...
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WA Case Update: Tick-Tock: A Tardy Attorney Fee Petition May Still Be Accepted by the Court
From the desk of Kyle Riley: What happens when a plaintiff fails to timely file their claim for attorneys’ fees...
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WA Case Update: Does a Private Partial Settlement Constitute a Waiver of the Right to Trial de Novo? It Depends…
From the desk of Kyle Riley: When parties subject to mandatory arbitration (court annexed arbitration) privately settle their claims, but...