Jury verdict for plaintiff - confidential settlement on damages
Association claimed its driver was an independent contractor and refused to take responsibility for a horrific traffic collision that resulted in death of a motorist. Association rejected plaintiff's policy limits offer. Case went to trial on the issue of agency resulting in unanimous jury verdict in plaintiff's favor. Case subsequently settled for many times the association's policy limit.
Clausen v Icicle Seafoods, 174 Wash.2d 70 (2012)
Admiralty and maritime
Mar 15, 2012
Plaintiff verdict upheld
Amicus brief in support of plaintiff. Supreme Court upheld award of substantial punitive damages in maritime cases.
Washington v Teva Pharmeceuticals
Oct 20, 2011
$105M plaintiff's verdict
Product liability case against pharmaceutical manufacturer for supply of improper sized anesthesia vials. See http://www.bloomberg.com/news/2011-10-12/teva-baxter-may-pay-90-million-for-propofol-vials-correct-.html
Established coverage for substantial loss due to snow loading.
Rinehart v. Life Ins. Co. of North America Slip Copy, 2009 WL 995715 (E.D. Wa. 2009)
Long Term Disability Plan not covered by ERISA
U.S. District Court Judge Ronald B. Leighton ruled that a long term disability (LTD) plan sponsored by Providence Health & Services (PH&S) is a "church plan" and that PH&S did not effectively elect to have the LTD Plan Governed by ERISA. This decision has important implications for employees with disabilities at all facilities run by PH&S.
PH&S was founded and continues to be sponsored by the Sisters of Providence, a religious order of the Catholic Church. PH&S includes 26 hospitals, more than 35 non-acute facilities, physician clinics, a health plan, a liberal arts university, a high school, approximately 45,000 employees and numerous other health, housing and educational services. The system office is located in Seattle, Washington.
The court's decision permitted Mr. Rinehart to pursue his state law claims including breach of the implied covenant of good faith and fair dealing. The decision will undoubtedly be relied upon by other LTD claimants with pending claims.