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Recent News
A Juror’s Perspective on Zoom Trials
While using a kitten filter is still not generally acceptable for a legal proceeding, the Zoom platform does offer substantial advantages which cannot be replicated in a courtroom. This begs the question: are pants-optional legal presentations from the comfort of one’s office the best way forward. My vote is, resoundingly, yes. Having tried two cases […]
Other News
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[READ MORE]: WSCD’s Miguel Duran Ascends to the Bench in Snohomish County Superior Court
Wilson Smith Cochran Dickerson is proud to announce that attorney Miguel Duran has recently been appointed by Governor Jay Inslee as a Snohomish County Superior Court judge. Duran will fill a newly created judicial seat…
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[READ MORE]: Court awards product manufacturer attorney’s fees and costs incurred in defending product liability lawsuit
In a lawsuit where Dylan Jackson and Jeff Sbaih defended a large nationally recognized refrigeration company, a Pierce County judge dismissed the plaintiff’s product defect claims and awarded our client all its attorney’s fees and…
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[READ MORE]: USDC, Eastern District of Washington, Enforces the Pollution Exclusion in Favor of Insurer
Recently, Judge Bastian for the United States District Court, Eastern District of Washington, issued an opinion in favor of Country Mutual Insurance Company, holding that the pollution exclusion in two Country Mutual policies issued in…
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[READ MORE]: Court Excludes qEEG testing under Frye Standard
More traumatic brain injury (TBI) cases are being tried based on new controversial brain imaging studies. The plaintiffs’ theory is that the new imaging allows the jury to see the brain injury through ominous appearing…
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[READ MORE]: Is Remote Voir Dire the Way of the Future?
– By Dylan E. Jackson and Jeff M. Sbaih Along with my law partner Jeff Sbaih, we successfully completed the defense of two civil jury trials for large commercial transportation carriers in King County in…
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[READ MORE]: Sudden Medical Emergency Defense
The Washington State Court of Appeals (Division 2) recently issued an opinion that favored the defendant driver, who caused an accident after he had a sudden loss of consciousness due to a heart attack while…
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[READ MORE]: WSCD Working Remotely During the COVID-19 Pandemic
Due to the COVID-19 pandemic and Governor Inslee’s Stay-at-Home order, our physical offices are closed at this time but our attorneys and staff are working just as diligently remotely to ensure seamless representation for our…
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[READ MORE]: Washington Supreme Court Addresses Joint and Several Liability for Vicariously Liable Defendants
Under Washington law, when a plaintiff sues multiple defendants in tort, the fault of each defendant is determined and each defendant is normally liable only for its proportionate share of the plaintiff’s damages. RCW 4.22.070(1).…
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[READ MORE]: Washington Law Permits Extra-Contractual Suits Against Individual Insurance Adjusters
Last week, in Keodalah v. Allstate Insurance Company, No. 75731‑8-I, 2018 WL 1465526 (Wash. Ct. App. Mar. 26, 2018), Division One of the Court of Appeals of the State of Washington held a policyholder can…
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[READ MORE]: Federal Court Holds UIM Insured Injured in Chain Reaction Accident Entitled to Only One Per-Accident Limit
In a recent decision in IDS Property Casualty Insurance Co. v. Pickens, 2015 U.S. Dist. LEXIS 142638 (W.D. Wash. Oct. 20, 2015), the United States District Court for the Federal District of Washington held a…
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[READ MORE]: Washington Supreme Court Declines to Provide a Clear Answer Regarding UIM Coverage for Injuries Caused by Shots Fired From a Vehicle
In a decision issued on January 14, 2016, the Washington Supreme Court confirmed that, in most situations, whether UIM coverage applies to injuries caused by a gun fired from an uninsured or underinsured motor vehicle…
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[READ MORE]: In Memoriam: Bob Dickerson Died Without Regrets
It is with great sorrow that we acknowledge the recent passing of one of our founding members, Bob Dickerson. Bob fought cancer for fifteen years and finally lost that battle. But he didn’t die with…
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[READ MORE]: WSCD Managing Partner, Whitney Smith, to Speak at Upcoming CLM Annual Conference
We are pleased to announce that our new Managing Partner, Whitney Smith, will be presenting at the upcoming Annual Conference of The Claims and Litigation Management Alliance (CLM). Whitney’s presentation is entitled: “PRODUCT LIABILITY –…
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[READ MORE]: A Lawyer and a Gentleman
We at Wilson Smith Cochran Dickerson are pleased to share that one of our founding members, Bob Dickerson, was recently honored in an official report from the U.S. Congressional Record, where Congressman Adam Smith took…
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[READ MORE]: Amicus Advocacy
Wilson Smith Cochran Dickerson is pleased to have helped amplify the voices of missing and exploited children in the Washington courts. Alongside the national law firm of Kaye Scholer, our partner, Kathy Cochran, had the…
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[READ MORE]: Johnson v. Safeco—Fraud Voids an Insured’s Extra-Contractual, CPA, and IFCA Claims Even If the Insurer Committed its Alleged Wrongs Before the Insured’s Wrongful Conduct
In Johnson v. Safeco Insurance Company of America, 176 Wn. App. 1022 (2013), the Washington Court of Appeals upheld the trial court’s Summary Judgment dismissal of the insured homeowner’s claim for property coverage, bad faith,…
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[READ MORE]: Washington Supreme Court holds liability insurers defending under a “reservation of rights” cannot unilaterally condition the defense on recouping their defense costs in the event a court ultimately finds no coverage
In National Surety Corp. v. Immunex Corp., the Washington Supreme Court held, in a 5-4 majority opinion, that a liability insurer cannot unilaterally condition the defense it affords its insured under a “reservation of rights”…
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[READ MORE]: Washington Supreme Court creates presumed waiver of the insurer’s attorney-client and work product privileges
In Cedell v. Farmers Insurance Company, decided on February 21, 2013, the Washington Supreme Court has held: “In first party insurance claims by insureds claiming bad faith, other than UIM claims, there is a presumption…
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[READ MORE]: Kathy A. Cochran, founding member of the firm, was recently honored as Alumna of the Month by the University of Washington School of Law
In the article accompanying this honor, UW Law Professor, William S. Bailey retired from Fury Bailey, PS cited Cochran’s work in his publication, “Show the Story: The Power of Visual Advocacy”. “She is one of…
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[READ MORE]: Washington Product Liability Act: Washington Supreme Court permits recovery for emotional distress in the absence of physical harm caused by purchaser’s use of the product
On January 31, 2013, the Supreme Court decided Bylsma v. Burger King Corp., — P.3d —, 2013 WL 3635919 (Wash.). Deputy Sheriff Ed Bylsma ordered lunch at a Burger King drive-in window. He “had an…
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[READ MORE]: New Washington Supreme Court Decision Opens A Troublesome Door
Bird v. Best Plumbing Group, LLC, __ Wn.2d. __, __ P.3d. __, 2012 WL 5269734 (Wash. Oct. 25, 2012). Bird v. Best Plumbing is the latest opinion from our State Supreme Court on consent judgments. …