
Case Review: Kellogg v. Nat. Railroad Passenger Corp.
Who should qualify as the beneficiary in a Washington wrongful death action? This week's appellate case review explores that question.
Who should qualify as the beneficiary in a Washington wrongful death action? This week's appellate case review explores that question.
A party wishing to appeal a mandatory arbitration award has to personally sign the notice of appeal; the actual appealing party themselves must sign the notice requesting the appeal, not just their attorney. Here is what happens if the party doesn't sign it.
Some local law libraries, such as Clark County's law library in Vancouver, Washington, offer self-help kits that provide forms at a modest cost, although it is always best to obtain professional counsel for your legal needs if at all possible.
“Wing” (a Google-related company), has produced an unmanned flying product-delivery drone that is making drops of small packages now to homes in two suburban communities in the state of Texas. The future appears to be upon us - are we and our legal system ready for it?
Clark County District Court has announced a new “remote” versus “in-person” District Court docket policy that will take effect commencing May 1, 2022. Most civil hearings, other than trials, will be continue to be handled as remote appearances.
One thing that still needs to be seriously looked at by the state Legislatures is: What happens when a driverless vehicle causes injuries to persons or property? Who is liable?
Autonomous tractors, driverless rigs that can plow day or night with no one in the cab or even watching nearby, will be ready for use on the modern American farm as early as later this year.
If we lose at mandatory arbitration in Washington, can we appeal? The short answer is “Yes”, but let’s consider why that might not be the best and most complete answer, depending on the circumstances.
With improving COVID-19 data, Schauermann Thayer will be holding more “in office” meetings, depositions, and conferences.
Given reduced COVID-19 infections, the United States District Court, Western District of Washington, has ordered that effective soon it will allow somewhat of a return to more normal court procedures.
Sadly, the Washington Traffic Safety Commission has reported the very disheartening news that 2021 was the deadliest in this state since 2006. There were 540 fatal crashes—which killed 600 people and an additional 2,411 “serious crashes” this past year.
Did you know that drivers and homeowners with a lower credit score have been subject to paying higher insurance premiums on their auto and homeowner policies? Washington State Insurance Commissioner Mike Kreidler recently promulgated a rule banning the practice in the state of Washington on a temporary basis, at least up until three years have passed beyond the end of a need for government pandemic relief. Commissioner Kreidler’s moratorium is set to take effect on March 4, 2022.
In the State of Washington, drivers are required to carry auto liability insurance and proof of auto insurance. More and more drivers, however, are opting to drive in Washington State without insurance, exposing their tort victims to uncompensated damages when accidents happen. But we can and should protect ourselves.
Clark County courts are set to resume jury trials beginning February 28, 2022.
The word “insurance” has become a "bad word" in the courtroom. In my opinion, it needn't be so broadly excluded, so long as the jury is also provided with the Washington pattern jury instruction on the subject of insurance. In that way, the mention of insurance in a trial will be considered by the jury only in its proper context.
In October of last year, the Washington Court of Appeals issued a consumer-friendly decision based on sound legal principles and public policy. A major takeaway of the case is that an insurance company cannot escape liability if it delegates its duties that it owes to its customers to a third party claims administrator who mishandles a claim, harming the customer.
Two hundred and thirty-two years ago, on February 1, 1790, the United States Supreme Court convened for its first day of official business. As we celebrate today the anniversary of the birth of our nation’s top court, we can be grateful for its continued existence, and for the many past years it has diligently endeavored to serve as a steward for our country.
Being a lawyer is more than studying the law, working with clients, and resolving disputes. The partners at Schauermann Thayer take pride in volunteering for leadership opportunities within the legal community.
Zoom and other online or virtual platforms which allow people to “appear” remotely without actually going to court increase access to justice for all of us.
Scott Edwards and Brad Thayer are scheduled to be sworn in to become eligible for practice as attorneys in the Cowlitz Tribal Court on Wednesday, January 26, 2022.
If it can't be mentioned by anyone during a jury trial that the other car was covered by automobile insurance, won’t the jury think that the causing driver was uninsured and take pity on him, resulting in a lower award?
During most of the month of September of last year, I had the opportunity to witness the changing of the seasons—from summer to fall—in Estes Park, Colorado; deep in the Rocky Mountains at the “YMCA of the Rockies”. I was there, not just enjoying the scenery, but primarily to learn from some of the best trial attorneys in the nation, and to practice the skills of discovering clients' stories, selecting a jury, making effective opening statements, questioning and cross-examining witnesses, and giving persuasive closing arguments.
A unique exception to "The Rescue Doctrine" prevents a person whose profession requires performing rescues, like police officers, firefighters, and EMT’s, from bringing an action, based on negligence and for their own injury suffered in the line of duty, against the person whose negligence created the need for them to rescue another.
A decision to postpone jury trials in Clark County courts makes good sense in terms of what is going on with local virus infection and hospitalization rates.
I can’t count how many times I’ve had to tell a dumbfounded personal injury client that not only is our lawsuit not going to be against the negligent party’s insurance company, but we can’t even mention the fact that they have insurance in court. Their confusion is understandable - to most people it seems intuitive that the insurer, the one that hires the defense attorneys and ends up paying the money, is “responsible” and should be talked about.
Schauermann Thayer is committed to answering your questions and addressing your concerns about potential personal injury and wrongful death cases in Washington and Oregon.
We offer free consultations and we’ll gladly discuss your circumstances with you at your convenience.