Have Physical Trauma-Induced Fibromyalgia Claims? I’m Afraid There’s Some Bad News…
Hilary Boyd Miller et al v. Elisea et al, ___ P.3d ___, 302 Or App 188 (2020) The Oregon Court of Appeals issued an opinion on February 12, 2020, further restricting trial judges’ ability to exclude speculative theories of medical causation from consideration by juries. This time, it’s…
Update: Oregon’s Statutory Cap on Noneconomic Damages is Unconstitutional as Applied in Most Injury Cases
Jonathan Henderson ORS 31.710 caps noneconomic damages in certain civil actions to $500,000. [1] The cap was enacted in the mid-1980s as part of a tort reform package passed by the Oregon legislature that was aimed at mitigating an insurance crisis in Oregon. Recent legislative enactments…
Washington Legislature Now Allows All Parents to Recover for Adult Children’s Deaths
Suzanne Pierce BREAKING NEWS! Due to a 2019 statutory amendment effective July 28, 2019, parents can now recover for loss of consortium in a wrongful death claim regardless of whether they were financially dependent on the child at the time of child’s death. RCW 4.20.060(2), see bill text…
Insurer Deadlines for Responding to Third Party Versus First Party Claims in Washington
Suzanne Pierce We are frequently asked to clarify the deadlines for insurers to respond to insurance claims in Washington. Many times this is the result of the insurer’s receipt of a demand letter alleging bad faith, or imposing an extremely short deadline for the insurer’s response. But the…