Recent News

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

Artificial Intelligence v. Lawyers’ Sound Independent Judgment

Washington State Litigation Lawyer Richard R. Beresford and Drew J. Tingstad | 8/23/2023
Though artificial intelligence (“AI”) remains a largely unknown quantity, AI continues to make huge strides into our daily lives. Even some lawyers venture to use AI in their practice, saving massive amounts of time and expense in the process. However, this post is an admonition to these courageous (yet, possibly foolhardy) lawyers who tread the… Read More

Losing a Collection Tool – Legislature Hamstrings Prejudgment Writs

Washington State Litigation Lawyer William O. Kessler | 8/17/2023
Let’s say Mr. X owes you an overdue balance under a contract in Washington. Let’s say that debt is unsecured, e.g. a past-due promissory note with no collateral. Until a few weeks ago, that unsecured debt was actually… kind of secured? Yes. Under RCW 6.25.030(10) and RCW 6.26.010(1), you could sue Mr. X and immediately… Read More

Deed of Trust vs. Personal Liability: An Important Distinction

Washington State Litigation Lawyer Andrew M. McKenzie | 7/20/2023
Lawyers and non-lawyers alike often get confused between legal documents which constitute personal liability and legal documents which secure the debt.  When you get a mortgage on your house or other property, the most common set of documentation included in the loan will include a promissory note and a deed of trust.  The promissory note… Read More

Restaurant Law 101

Washington State Litigation Lawyer J Patrick Diener | 7/18/2023
The restaurant industry is one of the more heavily regulated sectors of business. As a restaurant owner, it is critical to be aware of the laws that affect your business’s operation.  This article provides an overview of the legal concerns that are likely to affect any restaurant, from the corner deli to the most upscale… Read More