Recent News

Adverse Possession And The Burden Of Persuasion

Washington State Litigation Lawyer Andrew M. McKenzie | 1/16/2024
Lawyers and laypersons alike are prone to self-bias.  We tend to believe in our own case, and this righteous indignation can sometimes create blind spots.  Most commonly, these blind spots include failure to appreciate evidence and arguments advanced by the opposition.  Failure to accurately gauge risk leads to poor decisions in disputes, including missed settlement… Read More

No Lender Liability For Alleged Inflated Appraisal

Washington State Litigation Lawyer Andrew M. McKenzie | 12/1/2023
Especially since the Great Recession, distressed borrowers have felt the need to get creative in coming up with theories to avoid foreclosure.  Borrower desperation sometimes inspires borrowers to project blame on the lender for poor underwriting practices.  To paraphrase the arguments of some borrowers, “If my lender had been more careful, I wouldn’t have borrowed… Read More

When is it Okay to Withhold Employees’ Wages in Washington State?

Washington State Litigation Lawyer Dexter N. Bradford | 11/8/2023
As an employer in Washington State, you may wonder if you can withhold or deduct any amount from your employees’ wages for various reasons. For example, you may want to recover the cost of damaged equipment, a cash shortage, or a loan repayment. However, before you do so, you should be aware of the legal… Read More

WA Supreme Court Says No Special Treatment Shielding High Ranking Corporate Officers From Depositions

Washington State Litigation Lawyer Andrew M. McKenzie | 11/1/2023
Litigation against corporations can often involve large amounts in controversy.  Even when the underlying dispute is a small one, plaintiffs suing corporations may wish to motivate the corporation to settle on more favorable terms by demanding to take the depositions of high ranking corporate officers.  The officer may fear a loss or their valuable time,… Read More

Superseding Cause: A Possible Defense To Liability

Washington State Litigation Lawyer Andrew M. McKenzie | 10/6/2023
Generally speaking, wrongdoers are liable for the harm they cause when they breach legal duties.  But a plaintiff who sues over such wrongdoing must prove the existence of a duty, breach of that duty, causation, and damages.  Long enshrined in American common law is a principle known as superseding cause, which holds that the “chain… Read More

The Law of Art: An Overview for Art Collectors in Washington State

Washington State Litigation Lawyer J Patrick Diener | 10/4/2023
Art collecting is not just a passion; it’s a sophisticated pursuit that involves navigating a complex web of legal considerations. For art collectors and dealers in Washington State, understanding the legal landscape is crucial to safeguarding your valuable investments and ensuring ethical practices within the art community. In this article, we will highlight four legal… Read More

What is Sua Sponte? – And What are its Limitations?

Washington State Business & Real Estate Lawyer William O. Kessler | 9/28/2023
Sua sponte is Latin for “voluntarily.” In the legal context, sua sponte refers to issues that a court raises on its own, without the parties raising those issues. Which issues can the court raise on its own? And which can it not? The Washington Supreme Court tackled those very questions in the recent case Dalton… Read More