Author: GayleThames
Nov 5th, 2021
The Best Lawyers in America®2022 Edition – Lawyer of the Year
Shareholder Bill Davis was selected as a Lawyer of the Year for Personal Injury – Defense in the 2022 Edition of The Best Lawyers in America,® the oldest and most respected peer-review publication in the legal profession. Lawyer of the Year is awarded to only one lawyer per region and…
Nov 5th, 2021
Best Law Firms – 2022 Edition
U.S. News – Best Lawyers® “Best Law Firms” announced our firm again received a Metropolitan Tier 1 ranking in the 2022 Edition of Best Law Firms for Insurance Law; Personal Injury Litigation – Defendants. The Tier 1 ranking was determined through the firm’s overall evaluation which, in addition to other…
Sep 13th, 2021
The Best Lawyers in America®2022 Edition
Two of our shareholders, Bill Davis and Bill Earle, were again selected for inclusion in the 2022 edition of The Best Lawyers in America,® the oldest and most respected peer-review publication in the legal profession. Bill Davis was included in the practice area of Personal Injury Litigation – Defendants and…
Jul 12th, 2021
Oregon Super Lawyers® 2021
We are honored that four of our shareholders are included as Oregon Super Lawyers for 2021: Bill Davis for Professional Liability Defense; Bill Earle for Insurance Coverage; Elizabeth Lampson for Civil Litigation Defense; and Sam Anderson for Construction Litigation Defense. In addition, included on the Rising Stars list is shareholder…
May 24th, 2021
Davis Rothwell Noted as a Diverse Law Firm
Once again Davis Rothwell is included in the Portland Business Journal list of Portland’s Most Diverse Law Firms. We are committed to honoring and fostering diversity, to both inspire our corporate culture, and to enhance our legal strategies, analysis, and opportunities in defending American businesses.
Nov 9th, 2020
Best Law Firms – 2021 Edition
U.S. News – Best Lawyers® “Best Law Firms” announced our firm again received a Metropolitan Tier 1 ranking in the 2021 Edition of Best Law Firms for Insurance Law; Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants; and Professional Malpractice Law – Defendants in Portland, Oregon. The Tier…
Jul 6th, 2020
Oregon Super Lawyers® 2020
We are honored that four of our shareholders are included as Oregon Super Lawyers for 2020: Bill Davis for Professional Liability Defense; Bill Earle for Insurance Coverage; Elizabeth Lampson for Civil Litigation Defense; and Sam Anderson for Construction Litigation Defense. In addition, included on the Rising Stars list is shareholder…
Apr 17th, 2020
Deciphering Tree Rings: Interpreting an Insurer’s Duties to Defend and Indemnify Claims Arising from an Insured’s Commercial Timber Operation
Bighorn Logging Corporation v. Truck Ins. Exchange, 295 Or App 819 (2019) On January 30, 2019, the Oregon Court of Appeals in Bighorn Logging v. Truck Ins. Exchange issued an opinion finding, among other holdings, that the “operations” and the “incorrect performance” exclusions in a commercial general liability insurance policy…
Apr 17th, 2020
100 Cats: At What Point Is The Damage Caused By The Pet Owner Rather Than The Pet?
Phillips v. State Farm Fire and Casualty Co., 302 Or App 500 (2020) On February 26, 2020, the Oregon Court of Appeals issued an opinion that property damage resulting from pet waste was caused by the pets and not their owner, allowing State Farm’s domestic animal exclusion to apply to…
Apr 17th, 2020
Have Physical Trauma-Induced Fibromyalgia Claims? I’m Afraid There’s Some Bad News…
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 about physical trauma-induced fibromyalgia….
Apr 15th, 2020
DREX Lawyers Assist in OSB Treatise on Insurance Law
Five DREX lawyers had a hand in preparing the 2020 Edition of the Oregon State Bar’s two-volume book Insurance Law in Oregon, which is due for publication in May. Bill Earle was an editor, and the following shareholders wrote chapters: Heather Beasley – Liability, Comprehensive & Collision; Hilary Boyd –…
Nov 1st, 2019
Best Law Firms – 2020 Edition
U.S. News – Best Lawyers® “Best Law Firms” announced our firm again received a Metropolitan Tier 1 ranking in the 2020 Edition of Best Law Firms for Insurance Law; Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants; and Professional Malpractice Law – Defendants in Portland, Oregon. The Tier…
Oct 7th, 2019
Update: Oregon’s Statutory Cap on Noneconomic Damages is Unconstitutional as Applied in Most Injury Cases
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 had greatly expanded liability by creating…
Aug 16th, 2019
The Best Lawyers in America®2020 Edition
Three of our shareholders, Bill Davis, Bill Earle, and Paul Xóchihua were again selected for inclusion in the 2020 edition of The Best Lawyers in America,® the oldest and most respected peer-review publication in the legal profession. Bill Davis was included in the practice area of Personal Injury Litigation –…
Aug 14th, 2019
Washington Legislature Now Allows All Parents to Recover for Adult Children’s Deaths
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 at Senate Bill 5163…
Jul 8th, 2019
Oregon Super Lawyers® 2019
We are honored that four of our shareholders are again included as Oregon Super Lawyers for 2019: Bill Davis for Professional Liability Defense; Bill Earle for Insurance Coverage; Elizabeth Lampson for Civil Litigation Defense; and Paul Xóchihua for Alternative Dispute Resolution. In addition, included on the Rising Stars list is…
May 29th, 2019
Insurer Deadlines for Responding to Third Party Versus First Party Claims in Washington
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 rumors that short deadlines…
Apr 26th, 2019
Oregon Court of Appeals Victory in $6 Million Wrongful Death Case
Shareholders Jonathan Henderson, Dan Hasson, and Chris Parker successfully defended an October 2016 Clackamas County trial victory. In that case, Davis Rothwell’s clients, owners/founders of a non-profit wildlife sanctuary, were deemed not liable for a workplace fatality in which the plaintiff estate was seeking damages in excess of $6 million….
Dec 5th, 2018
Update on the New Ceiling for Arbitration Awards in Washington
Washington State’s statute regarding jurisdictional limits for mandatory arbitration of civil suits, RCW 7.06.020, was amended earlier this year to allow counties to impose mandatory arbitration on civil cases in which the plaintiff sought $100,000 or less (previously $50,000 or less). This change resulted from years of lobbying by the…
Nov 1st, 2018
Best Law Firms – 2019 Edition
U.S. News – Best Lawyers® “Best Law Firms” announced our firm again received a Metropolitan Tier 1 ranking in the 2019 Edition of Best Law Firms for Insurance Law; Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants; and Professional Malpractice Law – Defendants in Portland, Oregon. The Tier…
Oct 11th, 2018
Davis Rothwell Wins Defense Verdict in Clackamas County Premises Liability Trial
Shareholders Shayna Eagle and Dan Hasson obtained a defense verdict for their clients, a commercial contractor and a local municipality, following a five-day jury trial in Oregon City, Oregon, in September 2018. The case involved a slip-and-fall injury for which plaintiff was seeking approximately $300,000 in damages. The jury deliberated…
Aug 15th, 2018
The Best Lawyers in America®2019 Edition
Three of our shareholders, Bill Davis, Bill Earle, and Paul Xóchihua were again selected for inclusion in the 2019 edition of The Best Lawyers in America,® the oldest and most respected peer-review publication in the legal profession. Bill Davis was included in the practice area of Personal Injury Litigation –…
Jul 30th, 2018
Oregon Super Lawyers® 2018
We are honored that four of our shareholders are again included as Oregon Super Lawyers for 2018: Bill Davis for Professional Liability Defense; Bill Earle for Insurance Coverage; Elizabeth Lampson for Civil Litigation Defense; and Paul Xóchihua for Alternative Dispute Resolution. In addition, included on the Rising Stars list are…
May 10th, 2018
Washington Appellate Court Says Bad Faith Law Truly Applies to “All Persons” Involved in Insurance
In Keodalah v Allstate Ins. Co, ___ Wn App ___ (March 26, 2018), Division One of the Washington Court of Appeals resolved a split created in the federal courts, holding that an individual insurance adjuster taking part in a coverage or benefits denial can be personally liable for bad faith.[1]…
Apr 17th, 2018
Washington Governor Signs EHB 1128 Expanding Mandatory Arbitration Rules
Pursuant to previous update, both houses of the Washington legislature passed a bill which substantially changes Washington mandatory civil arbitration (MAR). Most notably, the bill increases the damages ceiling on MAR cases from $50,000 to $100,000. As expected, the bill was subsequently signed into law by Washington Governor Jay Inslee….
Jan 3rd, 2018
Darren Beatty Named Shareholder
Davis Rothwell is pleased to announce that effective January 1, 2018, Darren Beatty is a shareholder in the firm.
Nov 1st, 2017
Best Law Firms – 2018 Edition
U.S. News – Best Lawyers® “Best Law Firms” announced our firm again received a Metropolitan Tier 1 ranking in the 2018 Edition of Best Law Firms for Insurance Law; Personal Injury Litigation – Defendants; Product Liability Litigation – Defendants; and Professional Malpractice Law – Defendants in Portland, Oregon. The Tier…
Aug 15th, 2017
The Best Lawyers in America®2018 Edition
Three of our shareholders, Bill Davis, Bill Earle, and Paul Xóchihua were again selected for inclusion in the 2018 edition of The Best Lawyers in America,® the oldest and most respected peer-review publication in the legal profession. Bill Davis was included in the practice area of Personal Injury Litigation –…
Jul 10th, 2017
Oregon Super Lawyers® 2017
We are honored that four of our shareholders are again included as Oregon Super Lawyers for 2017: Bill Davis for Professional Liability Defense; Bill Earle for Insurance Coverage; Elizabeth Lampson for Civil Litigation Defense; and Paul Xóchihua for Professional Liability Defense. In addition, included on the Rising Stars list are…
Apr 18th, 2017
Admitted Liability Commercial Truck Accident
Shareholder Heather Beasley tried an admitted liability commercial truck accident case in which the client’s 22-ton tractor/trailer combination, traveling 56 miles per hour, rear-ended plaintiff’s pickup truck and trailer, traveling 35 miles per hour. Plaintiff alleged an optic nerve injury, causing partial vision loss in his dominant eye, and post-traumatic…
Mar 1st, 2017
Defense verdict obtained in Clackamas County wrongful death case
Shareholders Dan Hasson and Chris Parker obtained a defense verdict for their clients, owners/founders of a non-profit animal sanctuary, following trial held in Oregon City, Oregon, in October 2016. The case involved a workplace fatality, for which the plaintiff estate sought damages exceeding $6 million. Dan and Chris successfully proved…
Jan 10th, 2017
Jury Trial Successfully Proves 75 Percent of Fault Rests With Settled-Out Vehicle Manufacturer
May 2016: Shareholder Christopher Drotzmann, in a four-day jury trial on a single vehicle motor vehicle accident, successfully proved that 75 percent of fault rested with the settled-out vehicle manufacturer for a defective stop lam switch.
Jan 10th, 2017
Four-Day Jury Trial Results in Successful Jury Award
June 2016: Shareholder Christopher Drotzmann received a jury award less than claimed medical expenses in a four-day jury trial in Clark County, Washington, on an admitted liability motor vehicle accident.
Jan 10th, 2017
Jury Enters $1.5 Million Verdict on Fire Loss
June 2016: After a four-day jury trial, shareholder Christopher Drotzmann obtained a defense verdict for the client on a $1.5 million fire loss.
Jan 10th, 2017
Legal Malpractice Case Resolved in Arbitration
December 2016: Shareholder Christopher Drotzmann successfully arbitrated a legal malpractice case involving a commercial lease. The arbitrator awarded less than the pre-lawsuit offer.
Dec 19th, 2016
The Three “I”ngredients to Staying “Reasonable” Under IFCA
Washington has long allowed insureds, through the common law doctrines of bad faith and breach of contract, to bring actions against insurers who are purportedly acting in bad faith when denying claims for coverage or payment of benefits. However, since 2007, thanks to the passing of the Insurance Fair Conduct…
Nov 16th, 2016
Prelitigation Handling of ORS 20.080 Claims
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 tort claim for personal injury or property…
Nov 7th, 2016
Best Law Firms – 2017 Edition
U.S. News – Best Lawyers® “Best Law Firms” announced our firm again received a Metropolitan Tier 1 ranking in the 2017 Edition of Best Law Firms for Insurance Law, Personal Injury Litigation – Defendants, and Product Liability Litigation – Defendants in Portland, Oregon. The Tier 1 ranking was determined through…
Nov 1st, 2016
How to Obtain Medical Records When Plaintiff Refuses to Authorize Their Release
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 if the plaintiff refuses to sign? Can the…
Oct 18th, 2016
ELECTRONIC DISCOVERY IN THE WAKE OF THE FRCP 26 AMENDMENT
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 the importance of the issues at stake…
Sep 15th, 2016
Offers to Settle Made After Arbitration but Before Trial De Novo
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 opposing party’s attorney fees.[i] The rationale here…
Sep 1st, 2016
Supreme Court Watch: Tomlinson v. Metropolitan Pediatrics, LLC
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 malpractice (specifically, negligent failure…
Aug 15th, 2016
The Best Lawyers in America® 2017 Edition
Three of our shareholders, Bill Davis, Bill Earle, and Paul Xóchihua were again selected for inclusion in the 2017 edition of The Best Lawyers in America,® the oldest and most respected peer-review publication in the legal profession. Bill Davis was included in the practice area of Personal Injury Litigation –…
Aug 1st, 2016
Oregon Supreme Court Rejects Legal Malpractice Theory Based on Attorney’s Failure to Assert “Colorable” Claims During Underlying Litigation
This spring, in Rowlett v. Fagan,[i] the Oregon Supreme Court reversed the Court of Appeals’ conclusion that an attorney could be liable for the negligent failure to assert a merely “colorable” claim during litigation. The collective sigh of relief from members of the Bar was audible as the Supreme Court…
Jul 15th, 2016
THE MASTER OF THE OFFER: UTILIZING LIABILITY DISCLAIMERS IN ORCP 54 E OFFERS OF JUDGMENT
[i]The offer of judgment rule, ORCP 54 E, is a potentially powerful tool for mitigating attorney fee exposure.[ii] Offers of judgment are particularly useful in cases involving minimal actual damages. An early offer of judgment for the amount of the actual damages, plus reasonable attorney fees incurred to date, will…
Jul 5th, 2016
Using Construction Defect Notices in Product Liability Cases
ORS 701.565 contains a notice provision (colloquially, “701 Notice”) well known to those who practice construction defect law. Those who handle product liability cases may be less aware of the application of ORS 701.565. And yet, in product liability cases where property damage is alleged, 701 Notice provides key protections…
Jun 16th, 2016
In Another Supreme Court Win for DREX, Oregon Supreme Court Rules Negligent Construction Claims Subject to Two-Year Statute of Limitations
Construction defect cases make up a significant portion of Oregon’s civil docket, and nearly all include claims of negligent construction. For years, the plaintiffs’ bar and the defense bar have fought over whether such claims are subject to the two-year statutory limitation period in ORS 12.110(1), or the six-year limitation…
Jun 15th, 2016
The Reptile Theory
The Reptile Theory[i] is a litigation strategy that has been credited with over $6 billion in verdicts and settlements since 2009. While the strategy manifests itself in many ways, the idea behind it is simple: scare the jurors and then offer them safety via a judgment against the defendant. Plaintiff’s…
Jun 14th, 2016
Shareholder Accepted as Member of Trucking Industry Defense Association
Shareholder Heather Beasley has been accepted as a member of the Trucking Industry Defense Association, an organization dedicated to trucking defense work.
Jun 1st, 2016
Does Tendering Policy Limits Satisfy an Insurer’s Duty to Defend?
An adjuster or defense counsel may recognize at some point in a claim – sometimes even pre-litigation – that the insured’s minimum exposure on the claim will exceed policy limits. The insurer may then opt to tender its policy limits to the claimant. We are sometimes asked by adjusters if…
Jun 1st, 2016
Oregon Office Move!
Our Portland office has moved to a new location: 200 Southwest Market Street, Suite 1800, Portland, Oregon 97201-5745. The phone and fax numbers remain the same.
May 16th, 2016
Claim File Disclosure: Tips for Protecting Privileged Information Post-Cedell
Insurers are sometimes asked by their insureds for a copy of the claim file, which may include sensitive information such as coverage analysis (by in-house or outside counsel), adjuster notes regarding claim value, SIU/surveillance reports, or liability opinions. Claims adjusters and lawyers defending insurers need to know when the claim…
May 6th, 2016
Oregon Supreme Court Expands Application of Statutory Damages Cap
During a wave of tort reform that swept the country in the 1980’s, the Oregon legislature enacted a cap limiting recovery of noneconomic damages to $500,000. That statute is still on the books today. But in the years since its enactment, the cap has been deemed unconstitutional to apply to…
May 3rd, 2016
Recent Case May Change How Insurers Provide Coverage to Medical Marijuana Growers
Liability insurers of marijuana businesses are probably already aware of Tracy v. USAA Cas. Ins. Co., 2012 U.S. Dist. LEXIS 35913 (D. HI, Mar. 16, 2012). In Tracy, a medical marijuana user made a claim upon her homeowner’s insurance arising from theft of medical marijuana plants. The United States District…
May 2nd, 2016
Oregon Supreme Court to Review Plaintiff-Friendly Insurance Decision
The Oregon Supreme Court accepted review of the Oregon Court of Appeals’ decision in West Hills Dev. Co. v. Chartis Claims, Inc., 273 Or App 155 (2015), an insurance coverage case in which the Court of Appeals recognized a broad duty to defend an alleged additional insured based on vague…
May 2nd, 2016
SELECTING THE CORRECT “SAFE HARBOR” FOR PIP AND UM/UIM CLAIMS
Oregon Revised Statute 742.061 allows an insured to recover attorney fees from its insurer after a successful lawsuit on the insurance policy. Attorney fees are allowed when the action is filed in an Oregon court, the parties fail to reach settlement within six months from proof of loss, and the…
Apr 20th, 2016
Bad Faith Bill Fails to Pass Oregon Legislature
A broad, proposed insurance bad faith statute failed to pass the Oregon 2016 legislative session. The Oregon legislature had a short 35-day session in February 2016, its off-year from a regular session. Typically, sweeping new legislation is not introduced in an off-year session, due to the short track lawmaking that…
Apr 20th, 2016
Oregon Supreme Court Applies 10-Year Statute of Repose to “Spec” House Defect Claims
Recently, in Shell v. Schollander Cos.[i], the Oregon Supreme Court considered which of two statutes of repose applies when a buyer enters into a purchase and sale agreement to buy an existing home. The defendant, Schollander Development Company, built “spec” houses—houses that are built without pre-existing contracts in anticipation of…
Apr 8th, 2016
The Reach of Washington’s Anti-Indemnity Statute
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 agree to indemnify a…
Apr 1st, 2016
A New Challenge to Oregon’s “Physical Impact Rule”
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 known as the “physical…
Apr 1st, 2016
At a Glance: Oregon Consumer Identity Theft Prevention Act
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 individuals and a range of corporate…
Mar 15th, 2016
Construction Defect Claims and the Right to Repair
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 to exercise the “right to repair”…
Mar 1st, 2016
Injury “Arising Out of” Use of an Uninsured/Underinsured Vehicle
In both Washington and Oregon, uninsured and underinsured motorist coverage must be offered in auto insurance policies. Such coverage must include damages that “arise out of” the ownership, maintenance, or use of the underinsured/uninsured vehicle. In a routine car accident involving an underinsured/uninsured vehicle, damages will almost certainly be found…
Feb 9th, 2016
Oregon Super Lawyers® 2016 Edition
We are honored that three of our shareholders are again included as Oregon Super Lawyers for 2016: Bill Davis for Professional Liability Defense; Bill Earle for Insurance Coverage; and Paul Xóchihua for Professional Liability Defense. Also included this year is shareholder Elizabeth Lampson for Civil Litigation Defense. In addition, three…
Feb 8th, 2016
Plaintiff dismisses firm’s client and agrees to pay client’s cost bill in multi-vehicle accident
The firm’s client was involved in a multi-car collision. Plaintiff sued the firm’s client and three other drivers involved in the collision. While shareholder Chris Drotzmann was preparing for the February 22 trial date, plaintiff opted to settle with the other drivers and dismissed the firm’s client and agreed to…
Feb 8th, 2016
Arbitrator awards less than firm’s client’s pre-lawsuit offer
A property owner sued the firm’s property management company client, contending it breached the management contract in several regards for which it should be disgorged of all earned management fees, pay money damages, and contended the manager’s action constituted Elder Abuse justifying the awarding of trebled damages, pre-judgment interest, attorney…
Jan 26th, 2016
Summary judgment in Warm Springs Tribal court – employment
Shareholders Dan Hasson and Bill Earle succeeded in obtaining summary judgment in favor of their client, a federally-recognized Indian tribe, in a wrongful termination claim brought by a former tribal employee. In obtaining complete dismissal of the plaintiff’s claim, Dan and Bill successfully relied on Warm Springs Tribal Court of…
Jan 4th, 2016
Christopher Parker Named Shareholder
Davis Rothwell is pleased to announce that effective January 1, 2016, Christopher Parker is a shareholder in the firm.
