When a vessel is lost or damaged, the amount recoverable under admiralty law from the party causing the loss or damage may be quite different from what one might expect, particularly with respect to loss of use damages. This column…
Although the Washington Industrial Insurance Act (WIIA) often provides the exclusive remedy for employees' tort claims against employers, there are exceptions. Attorneys filing asbestos personal injury claims have found creative ways to try to use those exceptions to their clients'…
Friday, October 09, 2015 Allan Brettman The Oregonian Doug Houser's long tenure at Bullivant is matched only by his time as Nike's longest-serving board member, along with founder and Chairman of the Board, Phil Knight, beginning in 1965. His retirement…
Yesterday, the Nevada Supreme Court adopted the "Cumis" independent counsel doctrine first adopted in California more than 30 years ago. In State Farm Mut. Auto. Ins. Co. v. Hansen, 131 Nev. Adv. Op. 74 (9/24/2015), the court held policyholders are entitled…
How hard can it be to pull a floating object on water with a powered boat? Many towing companies have learned the hard way that it is not as easy as it might appear. A Towing Company's Liability Basics…
Earlier this month, the Oregon Court of Appeals issued another decision that rejects a rigid application of the four-corners rule to determining the duty to defend. Previously, in Fred Shearer & Sons, Inc. v. Gemini Ins. Co., 237 Or App 468,…
In a sharp U-Turn, the California Supreme Court decided last week that rights under liability insurance policies for harm that has already happened are assignable without the insurer's consent. In California, pre-loss assignments without the insurer's consent are invalid under…
Beginning January 1, 2016, most Oregon employers will be required to provide up to 40 hours of sick leave per year to their employees. Whether sick leave is paid or unpaid depends on the number of employees the business employs…
Lately, there have been several stories in the news about refugees in overloaded boats on the high seas. There have also been stories about mariners adrift in disabled vessels. Whether the master of another vessel must attempt to rescue such…
With Governor Kate Brown's signing of House Bill 3025 last week, Oregon joins a growing number of states barring employers from including questions about criminal convictions on job applications. Oregon is now the seventh state to prohibit the practice for…