Recent News

In the 2010 case Eastwood, the Washington Supreme Court set forth the Independent Duty Doctrine (the “IDD”).  Under the IDD, when two parties had a contract together, one could only sue the other for a “tort” (such as negligence or fraud) if the tort claim “traces back to the breach of a tort duty arising independently… Read More

Serving a defendant is not always easy – he may be hard to locate and may do everything in his power to evade service. You may not be able to find a physical address or he could be living half a world away. So what if you could just serve him somewhere where you’ll know… Read More

Despite politicians’ inability to resolve the budget impasse in Washington D.C., the Executive Office of the United States Courts recently announced Federal Courts will remain open through at least October 17—possibly through Friday, October 18th.  The Federal Courts have been operating on fee income and no-year appropriated funds to keep operations functioning since the shutdown… Read More

If you think your rights have been violated in Washington State, then don’t wait too long to protect them.  The case of Anderson v. Dussault, et al helps illustrate this point.  How much time is “too long” will vary depending upon the situation and the rights involved.   This case is specific to trusts, however, other… Read More

After a party obtains a civil judgment in a lawsuit, his lawyer often advises him to conduct “supplemental proceedings.”  This is a process in which the judgment debtor appears in court and answers the lawyer’s questions about the nature and whereabouts of the debtor’s assets. There are often problems with supplemental proceedings, including: (a) the… Read More

Unfortunately the story of Katie Barnett, a Vinton County, Ohio woman is not a new one in this post-recession housing market, but is still one a homeowner’s nightmares are made of.  While Ms. Barnett was on vacation, a bank accidentally repossessed her home, rather than the correct home across the street.  When Ms. Barnett returned… Read More

The recent outing of J.K. Rowling as the author of the mystery novel, “The Cuckoo’s Calling,” under the pseudonym Robert Galbraith, highlights the heightened necessity of a lawyer maintaining client secrets in the age of social media.  Apparently a London lawyer told his wife’s best friend about Rowling’s pseudonym, who then posted the information on… Read More

Recently, a Manhattan federal judge upheld a $5 Million arbitration award against Miss Pennsylvania for remarks she made claiming the Miss USA beauty pageant, which is owned by Donald Trump, was rigged. Several lessons can be learned from the ruling upholding Mr. Trump’s arbitration award. First, and most importantly, never ignore an arbitration notice or… Read More

On June 20, 2013, the U.S. Supreme Court issued its opinion in American Express v. Italian Colors Restaurant, holding that contract agreements that require arbitration and prohibit class-action claims are enforceable under the Federal Arbitration Act (“FAA”), even when the potential recovery is overshadowed by costs of individual arbitration.  The 5-3 opinion, which was authored… Read More