The Meaning of “Improvement to Real Property” in Washington’s Statute of Repose
John Moore Washington’s construction statute of repose, RCW 4.16.300 and .310, applies to “all claims or causes of action of any kind against any person, arising from such person having constructed, altered or repaired any improvement upon real property. . .” RCW 4.16.310. The statute prohibits any…
SCOTUS Opens the Door to Suits Against Tribal Employees
Daniel Hasson On April 25, 2017, in Lewis v. Clarke, 581 U.S. ___, 137 S. Ct. 1285, 197 L. Ed. 2d 631 (2017), the United States Supreme Court held that a tribal employee was not entitled to invoke tribal sovereign immunity as a defense to state tort claims.
Ninth Circuit Says Oregon Employee Complaints Need Not Leave the Office to Obtain Protection
Jessica Hill The Ninth Circuit Court of Appeals’ recent opinion, Brunozzi v. Cable Communications Inc., 851 F.3d 990 (9th Cir. 2017), demonstrates an ongoing trend for courts to provide broad protection for work-related complaints under Oregon law.[1] The Ninth Circuit’s broad interpretation of an Oregon whistleblowing…
Oregon PIP Benefits Do Not Include Transportation Costs (Other Than Ambulance)
Cheney Moss In Dowell v. Oregon Mutual Ins. Co., 361 Or 62, 388 P3d 1050 (2017), a PIP insurer declined to pay transportation costs that its insured incurred when attending medical appointments related to treatment for her injuries that resulted from a motor vehicle accident. In response, the…