Firm News & Blog

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The Reach of Washington’s Anti-Indemnity Statute

John Moore Washington’s workers’ compensation laws generally prohibit employees from suing their employers when they are injured on the job.  But workplace accidents can still lead to litigation for employers when indemnity agreements are in place. In the construction context, indemnity agreements are ubiquitous.  A subcontractor will often…

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A New Challenge to Oregon’s “Physical Impact Rule”

Jonathan Henderson Under Oregon law, a plaintiff may not recover for purely emotional or psychic injury in a claim for negligent infliction of emotional distress, absent a special relationship, unless that plaintiff also suffered a direct accompanying injury to his or her person.  This principle, which has become…

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At a Glance: Oregon Consumer Identity Theft Prevention Act

    Brandon Stuber Oregon has one of the most expansive identify theft prevention laws in the nation, and changes that went into effect this past January further broadened its application.  Codified at ORS 646A.600 et seq., the Oregon Consumer Identity Theft Prevention Act (“the Act”) requires both…

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Construction Defect Claims and the Right to Repair

    Suzanne Pierce In Washington, a homeowner may bring a construction defect action against a construction professional. But there is a 45-day “holding period” before such a claim may be filed. The purpose of this holding period is, among other things, to give construction professionals an opportunity…

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