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…

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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…

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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…

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Supreme Court Watch: Tomlinson v. Metropolitan Pediatrics, LLC

Jonathan Henderson The Oregon Supreme Court recently accepted review of a case that could have far-reaching implications for those in the medical community in Oregon.  In Tomlinson v. Metropolitan Pediatrics, LLC, the Supreme Court is poised to rule on three questions: Can a physician be sued for medical…

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