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Important Issues to Consider Before Entering into a Commercial Sublease

A properly structured sublease can be a prudent strategy in a commercial lease transaction. However, if poorly drafted, a sublease can unnecessarily expose all three parties (the landlord, tenant and subtenant) to unforeseen liabilities and risks. Continue reading »

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Washington Court Upholds Physician Noncompete, But Caution Is Warranted

In Emerick v. Cardiac Study Center, Inc., P.S., the Washington court of appeals held a physician noncompete does not automatically violate public policy, and will be upheld when reasonable. The case involved a cardiology practice with four office locations in Pierce County, each near a hospital.  The noncompete prohibited physicians from practicing cardiac medicine in competition with the company for five … Continue reading »

Victory for Physicians Defending against Medical Malpractice Actions

In Fergen v. Sestero, Washington’s Supreme Court recently handed an important victory to physicians defending medical malpractice actions.  The ruling involved the exercise of judgment instruction, which reminds juries that if a physician exercises the reasonable care and skill generally required by his or her position, making the wrong choice when choosing between alternate treatments or diagnoses does not make … Continue reading »

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Bernard Decision Confirms Intent and Purpose of TEDRA

In In Re Estate of Bernard, 182 Wn. App. 692, 332 P.3d 480 (2014), review denied 339 P.3d 634 (2014), the Washington State Court of Appeals Division 1 reversed a trial court order invalidating a trustor’s estate plan.  In upholding the validity of the testamentary documents, the appellate court’s ruling confirmed long-standing practices of Washington State estate planners relating to … Continue reading »

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Insurer Can’t Unilaterally Limit Rates Payable to Defense Counsel

The Western District of Washington recently ruled that, absent a contrary term in the insurance policy, an insurer does not have the sole power to set the rates it will pay for defending its insured in a lawsuit.  The case, National Union Fire Ins. Co. of Pittsburgh, PA v. Coinstar, Inc., et al., arose after the insured, Redbox, was named as … Continue reading »

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