News from around the industry highlighting firm achivements and current events

The Washington Supreme Court Applies Strict Liability Standard to Medical Product Manufacturer’s Duty to Warn Hospitals

February 9, 2017

By Greg Johnson In Taylor v. Intuitive Surgical Inc. (Feb 9, 2017) the Washington Supreme Court held that the Washington Product Lability Act imposes a statutory duty on manufacturers of medical products to warn hospitals of the products’ dangers when they purchase them. Manufacturers’ duty to warn purchasing hospitals is not excused by warning the doctors who use the devices because hospitals need to know the dangers of the products they purchase, which cannot be accomplished simply by the manufacturers’…

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RECENT SUPREME COURT DECISION IMPACTS LENDERS’ CONTRACTUAL RIGHT TO ENTER AND TO SECURE HOMES IN DEFAULT

February 9, 2017

By: Tricia D. Usab   On July 7, 2016, the Washington Supreme Court handed down a decision in Jordan v. Nationstar Mortgage, 185 Wn.2d 876 (2016), that directly impacts a lender’s ability to exercise standard provisions found in many mortgages and deeds of trust recorded throughout the state of Washington.  Many mortgages and deeds of trust contain provisions that allow a lender to enter into a borrower’s real property for the purpose of securing it after an event of default,…

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NEW DEVELOPMENT REGARDING FCRA THAT AFFECTS ALL BUSINESSES

February 3, 2017

On January 20, 2017, the Ninth Circuit Court of Appeals issued a ruling in a case that has broad effect, potentially impacting your organization.   In the case of Syed v. M-I, LLC, Case No. 14-17186 (2017), the Court ruled that a prospective employer violates the Fair Credit Reporting Act when it procures a job applicant’s consumer report after including a liability waiver in the same document as the statutorily mandated disclosure.  The Ninth Circuit Court of Appeals is the…

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RECENT SUPREME COURT DECISION IMPACTS DEVELOPMENT OF LAND WITH PERMIT-EXEMPT WELLS

February 1, 2017

By: Tricia D. Usab On October 6, 2016, the Washington Supreme Court handed down a decision in Whatcom County v. Hirst, 186 Wash. 2d 648 (2016),  that directly impacts the development of land with permit-exempt wells in counties such as Spokane, that are subject to the Growth Management Act.  The Growth Management Act is legislation that reinforces conservation goals, discourages sprawling low-density development patterns, and encourages future growth in urban areas.  Permit-exempt wells allow a withdrawal of groundwater for domestic…

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