Month: January 2016

In October 2010, Allstate agreed to pay 10 million dollars as part of a settlement regarding its use of computer software (Colossus is the name of the computer program) to help determine payments to people with claims. (See Chicago Tribune Article, Former Allstate claims manager offers insight into computerized auto injury payouts) Mark Romano, one  … Read more

ER 411 is a Washington State Court rule which, does not allow mention of liability insurance. In addition, most insurance policies require their insureds to assist them with the defense. This creates a false picture for the jury and allows defense attorneys to claim Insurancetheir “client” will be forced to pay thousands of dollars if  … Read more

In early December of 2013, I had the opportunity to observe part of the trial that resulted in the largest single verdict in Washington State history. LabCorp and Valley Medical in Renton, Washington were held liable (See Seattle Times Article, $50M awarded over birth defect; test said baby would be OK, December 10, 2013) for  … Read more

In Washington State, claims for personal injury (and other civil matters) $50,000 and under may be placed into Mandatory Arbitration. (RCW 7.06) It is often helpful to put cases into Arbitration to help avoid the common defense tactics of deny, delay and defend. The benefit of arbitration includes a quick hearing on the case as  … Read more

Lazy eye, or Amblyopia, is a condition which, in my opinion, invalidates the Horizontal Gaze Nystagmus (HGN) test of the standardized field sobriety tests (SFSTs) described in the NHTSA manual. The 2004 NHTSA DWI Detection and Standardized Field Sobriety Testing, Student Manual, directs law enforcement officers to ask about medical conditions. One would think that  … Read more

Unquestionably, standardized field sobriety tests or SFST’s are a search. Pursuant to Art. 1 § 7 of the Washington State Constitution, persons are to be free from government intrusion into their private affairs. Although the government argues otherwise, SFST’s are a search because they require intrusions into private affairs. It is undeniable that asking someone  … Read more

On September 20, 2013, I will be teaching students at Seattle University Law School how to maintain a successful practice.

In the latest United States Supreme Court case of Maryland v. King, the high court in upholding a Maryland law which allowed collection of DNA samples from all suspects charged with dangerous felonies stated: “The legitimate government interest served by the Maryland DNA Collection Act is one that is well established: the need for law  … Read more

Fuel cell technology used in many ignition interlock devices is far from being perfect or “smart.” There are all kinds of things that can lead to false positives resulting in the vehicle failing to start. Here are just a few of the things can lead to false positives: 1. Spicy Foods – Some foods can  … Read more

The owner of a dog that bites a person is liable for damages when the injury occurs in a public or private place. RCW 16.08.040. It does not matter whether the person injured was on public property or private property. RCW 16.08.040. The law imposes strict liability in these circumstances which means that, unlike most  … Read more