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Litigation

Northwest Business Litigation Blog Northwest Business Litigation Blog

Resource for in-house counsel, business executives, human resource managers and others who monitor litigation and legal issues affecting Northwest USA businesses.
By Ater Wynne LLP

Post Frequency: 2.4/day

Last Entry: March 24, 2011 at 15:41:58

Recent Entries: 224

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Flawed jury instruction leads Oregon Supreme Court to affirm punitive damages

Posted on February 04, 2008
The 10-year saga of Williams v. Philip Morris, Inc. yields this lesson for Oregon litigators: keep your jury instructions short. After remand of the cigarette products liability case by the U.S. Supreme Court, the Oregon Supreme Court last Thursday rejected...


Announcing our new name: The Northwest Business Litigation Blog

Posted on February 01, 2008
The Oregon Business Litigation Blog is now the Northwest Business Litigation Blog. We have expanded our scope to cover business litigation developments in Washington as well as Oregon. And we welcome lawyers from Ater Wynne's Seattle office to our roster...


Washington Court of Appeals won't enforce a one-sided arbitration agreement

Posted on January 31, 2008
Although Washington law favors arbitration, the Washington Court of Appeals made clear this week that it will not enforce an arbitration agreement that lacks neutrality. In Rodriguez v. Windemere Real Estate/Wall Street, Inc. a real estate agent sued his brokerage,...


And just a few more new laws you may have missed...

Posted on January 30, 2008
New laws affecting Oregon employers that may not have hit your computer screen yet: HB 2254: Employers who receive a request for a current or former employee's personnel file must now respond within 45 days or face a possible administrative...


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President Bush signs FMLA leave expansion

Posted on January 30, 2008
On January 28, 2008, President Bush signed into law amendments to the Family Medical Leave Act. The amendments grant additional leave under FMLA to employees who have family members in the military. The legislation creates two new categories of FMLA....


Medical leave and disability in a leanly staffed medical practice

Posted on January 29, 2008
The February 2008 issue of Washington Healthcare News includes an article by blog contributor Kathy Feldman, who practices employment law in the Ater Wynne Seattle office. The article addresses the law governing leave and disability in a leanly staffed medical...


State-mandated health benefits vs. ERISA, Round 4

Posted on January 29, 2008
We previously alerted readers to San Francisco's attempt to force employers to provide a certain level of health benefits to employees, or to pay a tax to fund the city's public health programs. A Unted States District Court has held...


U.S. Supreme Court agrees to hear tribal jurisdiction dispute

Posted on January 21, 2008
For the first time since 2001, the U.S. Supreme Court this term will consider what types of disputes can be heard by Tribal courts. Earlier this month, the Court agreed to review Plains Commerce Bank v. Long Family Land and...


U.S. Supreme Court declines to expand securities fraud liability

Posted on January 16, 2008
In the latest in a string of rulings favoring business interests, the U.S. Supreme Court held today that parties who did not directly mislead investors cannot be liable for securities fraud under SEC Rule 10b-5. By a 5-3 vote, the...


Oregon trial courts prepare for electronic filing

Posted on January 13, 2008
Oregon's move to "electronic courthouses" (a goal of the 2006 State of the Courts report) continues, with a series of proposed Uniform Trial Court Rules allowing electronic filing and service of circuit court documents. Proposed UTCR Chapter 21 is among...


Oregon state courts adopt filing fee for motions

Posted on January 04, 2008
Litigation is about to get a little more expensive in Oregon. Starting February 1, a filing fee must accompany certain motions and responses to motions in state court. The fees -- $50 for motions and $35 for responses -- apply...


New year, new laws from the Oregon legislature

Posted on January 04, 2008
Oregon greets 2008 with a raft of new legislation. Laws affecting Oregon businesses include an expansion of the family medical leave law under House Bill 2635 to cover grandparents who must care for sick grandchildren. New mothers must be given...


Oregon Supreme Court ends cap on claims against public employees

Posted on January 02, 2008
On December 28, 2007, the Oregon Supreme Court held that the damage cap in the Oregon Tort Claims Act (OTCA) violates the Remedy Clause in Article 1 Section 10 of the Oregon Constitution when it was applied to claims against...


Christmas presents for civil procedure fans

Posted on December 19, 2007
A couple of recent appellate decisions may be the type that only civil procedure nerds could love. But they offer important lessons about how to handle the beginning and the ending of litigation. Yesterday the Ninth Circuit, in PAE Government...


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