Prelitigation Handling of ORS 20.080 Claims
Chris Parker Settlement demands seeking $10,000 or less trigger possible attorney fees recovery by a plaintiff under Oregon Revised Statute (“ORS”) 20.080 – an issue often overlooked by claims handlers unfamiliar with that statute. ORS 20.080 provides that the plaintiff recovers attorney fees on any…
How to Obtain Medical Records When Plaintiff Refuses to Authorize Their Release
Mark Tyson In personal injury cases, the defense will, almost without exception, seek to obtain the plaintiff’s medical treatment records. Ordinarily, the defense will ask the plaintiff to sign a stipulation and authorization for the release of his or her medical records. But what…
ELECTRONIC DISCOVERY IN THE WAKE OF THE FRCP 26 AMENDMENT
Shayna Eagle It has been nearly a year since the December 2015 amendment to FRCP 26, which now defines the scope of discovery as “any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case, considering…
Offers to Settle Made After Arbitration but Before Trial De Novo
Mark Tyson In Washington, plaintiffs may elect to engage in mandatory arbitration, which caps each plaintiff’s damages at $50,000. After arbitration, either party can request a trial de novo; however, if the requesting party does not improve its position from arbitration, it must pay the…