ATTORNEY-CLIENT/WORK PRODUCT: Employer may not withhold in bad faith action letter from comp insurer’s lawyer written prior to comp mediation, adjuster’s disclosure constitutes waiver of privilege… employer as disinterested 3rd-party precluded from participating in [Read more…]
Attorney conflict, paralegal switching firms
ATTORNEY CONFLICT: Supervisory control challenging Curtis’s refusal to disqualify Plaintiff’s law firm that hired paralegal [Read more…]
Insurance/jurisdiction, MUTPA, federal v. state
INSURANCE/JURISDICTION: Washington Federal Court declines jurisdiction over dec action brought by insurer which involves [Read more…]
Work comp bad faith, stipulated comp liability
WORK COMP BAD FAITH claims may proceed following stipulated judgment as to liability while claim for future medicals is ongoing, possibly for life… Plaintiff entitled to [Read more…]
Removal, majority 3rd-party rule, diversity
REMOVAL: Majority rule against removal by 3rd-party defendants followed in product liability diversity case… removal also improper because 3rd-party Defendant failed to obtain consents within 30 days, more than 1 year after [Read more…]
Dram shop, 180-day notice, rehearing petition
DRAM SHOP: Rehearing denied on upholding 180-day notice for suing bars… order. [Read more…]
ERISA, pre-suit demand futility, preemption
ERISA: Employees’ failure to make pre-suit demand for action on ESOP or officers of Washington-based grocery should be analyzed as to whether demand would have been futile (per [Read more…]
ERISA, employee derivative action, preemption
ERISA: Employees lack standing to bring derivative or double derivative action against Washington-based grocery under Washington law… state law claims against top officers following $575,000 policy-limits ESOP settlement preempted by ERISA… newly constituted company not [Read more…]