Guest Editor: Grace Shuman
June 7, 2022 9:30am
Significant costs are invested to obtain a defense verdict. Experienced trial lawyers realize it is equally important to avoid inviting error which will result in a costly retrial…
Guest Editor: Grace Shuman
April 29, 2022 9:00am
Surety companies in Washington are generally not liable in tort to a third party. However, a specific exception was created for the setting up and siting of mobile homes. Poor or lacking performance with regards to these aspects…
Guest Editor: Grace Shuman
April 1, 2022 11:03am
When a personal representative signs a release that releases “[a]ny and all claims, demands, actions, causes of action of every kind…,” the carrier has the right to consider the matter concluded.
Guest Editor: Grace Shuman
March 2, 2022 4:10pm
Arbitration can significantly impact the outcome of a case. Arbitration agreements must be worded precisely so as not to create procedural unconscionability, and arbitration agreements within adhesion contracts must be carefully scrutinized because they create complex legal issues.
Guest Editor: Grace Shuman
February 7, 2022 11:45am
Attorneys may not disclose information relating to the representation of a client – discussions with a client are privileged. In the case discussed below, a court found a lawyer need not even know his/her intentional acts violated the Rules of Professional Conduct to be held accountable.
Guest Editor: Grace Shuman
January 13, 2022 8:39am
Liability waivers are an important part of many contracts as they shift liability from the business to the individual should some action be taken by the contract signer. The liability waiver is an opportunity for a business to inform the signer of the risk associated with the related activity and to reduce the business’ liability should an accident occur. Quite often though, liability waivers are passed over or skimmed at best.
Guest Editor: Grace Shuman
December 3, 2021 9:00am
The case of Meyers v. Ferndale School District involved a wrongful death claim brought on behalf of a high school student against the school district. The student was killed by a vehicle while walking off campus with his P.E. class. The decedent’s estate sued the school district for negligence.
Guest Editor: Kiran Gupta
December 3, 2021 9:00am
Typically, businesses directly hire employees to fill various roles within their organization. In these situations, the employer is likely responsible for the acts of the employee if the employee is acting within the course and scope of their employment (i.e., “on the job”). Businesses will also utilize staffing agencies at times to hire temporary workers. In these situations, who is the employer of these temporary workers – the staffing agency or the host employer? A recent Washington case, Department of Labor and Industries v. Tradesmen International, LLC, clarified.
November 18, 2021 10:42am
The Washington Supreme Court considered the issue of whether a jury instruction given in an underlying lawsuit was prejudicial and not harmless to plaintiff. The Court found plaintiff was not prejudiced by the jury instruction even though the instruction was potentially misleading. The Appellate decision had found the jury instruction had been prejudicial to plaintiff. This affirmed a verdict of $9.2 million against Lake Hills Investments, Inc.
Guest Editor: Grace Shuman
October 29, 2021 9:00am
Landlord and tenant law in Washington usually favors the tenant. However, a tenant can be the disfavored party when a clearly written, easily interpreted contract is involved. In Spokane Airport Board v. Experimental Aircraft Association, Chapter 79, the Washington Supreme Court adhered to the contract in question, siding with the landlord.
Guest Editor: Kiran Gupta
October 4, 2021 3:40pm
Preexisting conditions are a frequent topic in personal injury litigation. A preexisting condition can significantly impact the amount of recovery a plaintiff may receive – and determine whether a plaintiff receives anything at all. Attorneys should confirm their preexisting condition arguments are as airtight as possible, so they are not excluded. The case of Harris v. Drake is instructive on the admissibility of evidence relating to such preexisting conditions.
Guest Editor: Kiran Gupta
September 7, 2021 9:00am
Bad faith claims have become an all too familiar threat when plaintiff’s counsel engages in settlement negotiations. Once a policy limit demand is made and rejected, one of two things will likely happen: either plaintiff’s counsel will approach the insured and ask the insured to agree to a covenant judgment, or the insurer will provide the insured with a “blue sky” letter, which promises the insurer will pay any award in excess of policy limits (thus fully protecting the insured against any contribution).
July 30, 2021 9:00am
A trespass to real property may occur when a person enters or remains on the land of another without permission or invitation whether expressed or implied. A person may be liable for trespass even if he causes no damage if he intentionally (1) enters the land of another or causes a thing or third-party to do so, (2) remains on the land, or (3) fails to remove from the land a thing that he has a duty to remove.
July 2, 2021 9:00am
In July of 2020, a jury awarded the largest personal injury verdict ever against the state of Washington. This was a $115 million award to the maternal grandparents of two boys murdered by their father during visitation. This article will analyze the verdict: why it was awarded, and what we can learn from it.
July 2, 2021 9:00am
Premises liability claims can be a slippery subject, particularly when the claim takes place in an unusual setting or deals with an unusual set of facts. Washington liquor stores have long faced regulations and laws far more stringent than those applied to other types of businesses and have faced special scrutiny in nearly all aspects of business operation.
Guest Editor: Kiran Gupta
In an attempt to improve living conditions and balance the bargaining positions of landlords and tenants, Washington passed the Residential Landlord-Tenant Act of 1973 (RLTA)
Guest Editor: Kiran Gupta
April 30, 2021 9:00am
Death is difficult. It can cause a host of emotions, most of which are typically unpleasant. In most situations, the deceased are handled respectfully and tended to prior to a funeral service, celebration of life, or other farewells. Sadly, on some occasions the deceased are not respected, and living persons “related to” or “close to” the deceased may be entitled to recover damages for emotional distress when tortious interference with a corpse occurs.
Guest Editor: Kiran Gupta
April 2, 2021 9:00am
In a recent ruling, the Washington state Supreme Court reversed a lower court’s decision regarding legal exemptions for religious employers. This article discusses the ruling in the case, Woods v. Seattle’s Union Gospel Mission..
Guest Editor: Kiran Gupta
April 2, 2021 9:00am
Loss of consortium is a term used to refer to the deprivation of the benefits of a family relationship due to injuries caused by a tortfeasor. Proving loss of consortium can be very difficult because it is not easy to put a value on pain and suffering and the requirements vary by state. The discussion below focuses on the current law in Washington in this area with respect to different types of plaintiffs.
March 1, 2021 12:48pm
March 2021 marks the year anniversary that jury trials seemingly ceased to exist as we once knew them – that is, before COVID-19 abruptly shifted the courtroom. In the past year, jury trials have been ridden with unpredictability. One can rarely read a legal document these days without at least some mention of COVID-19 and its impact on the overall timeline of a matter. Are jury trials really a distant memory while still navigating midst of the COVID-19 era, or will innovation and the embrace of a new normal propel us forward?
March 1, 2021 12:45pm
Everyone makes mistakes; such is life. No one is perfect. Learn the lesson and do not let it happen again. One such mistake occurred recently in Mancini v. City of Tacoma, 2021 WL 279715 (2021).
February 1, 2021 8:40pm
Under the doctrine of respondeat superior, an employer is subject to vicarious liability to third parties for torts committed by the servant (read: “employee”) within the scope of employment. To establish respondeat superior, plaintiff must establish the relationship of employer-employee and that the tort was committed within the scope of employment.
February 1, 2021 8:35pm
Insurance policies are often rather complete and precise in what exactly they will cover. When a policy fails to include a definition to a potentially vague term, Washington courts will look to the intent of the laws guiding a definition, while also seeking to incorporate the definition most favorable to plaintiff.
January 11, 2021 9:00am
Patients have a high expectation their communication, diagnoses, and treatment will remain confidential when speaking with their medical providers. This includes treating physicians, nurses, and social workers. Washington law enforces this privileged bond. How far does this privilege extend? What other privileges may defeat the physician-patient privilege, if any?
Guest Editor: Jeremy Freedman
November 30, 2020 4:11pm
The law is ever-evolving. Thought paradigms shift with an increased understanding of human dynamics and the introduction of new ideas. Washington law typically follows a more liberal-sided evolution of the law, often causing defense attorneys some degree of frustration. Washington law regulates minimum wage but also provides exemptions from the minimum wage requirement for some positions in various industries. The Minimum Wage Act of Washington was based on the Fair Labor Standards of 1938, which plaintiffs in Martinez-Cuevas v. DeRuyter Brothers Dairy, Inc., WL 6495500 (2020) claimed incorporated racist motivations underlying the federal statute.