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Washington Court of Appeals Confirms Insurers Need Not Pay Defense Costs Pending Determination of Reasonableness and Late Notice...

For many years, Washington courts have offered insurers little guidance about how to handle disputes about late notice or the reasonableness of defense costs while defending under a reservation of rights. In a recent...more

No Jurisdiction in Aviation Dispute Based on Online Manuals and Services Program

In the modern economy, courts must grapple increasingly with questions about whether an out-of-state company’s online presence and programs subject it to potential jurisdiction in states throughout the country. This risk is...more

1/18/2018  /  Aviation Industry , FBOs , Jurisdiction

ERISA: New Questions for Church-Affiliated Organizations After The Supreme Court Expands ERISA Church-Plan Exemption

On June 5, 2017, the U.S. Supreme Court expanded the scope of ERISA’s church-plan exemption in the case of Advocate Health Care Network v. Stapleton, — S. Ct. –, 2017 WL 2407476 (2017). The unanimous decision adopted a broad...more

Ninth Circuit Holds Airline Deregulation Act Does Not Bar Putative Class Action Claims to Recover $15 Baggage Fees

Airlines work hard to make sure passengers’ checked baggage arrives on time, but that’s not always possible. Traditionally, the federal Airline Deregulation Act preempts state laws “related to a price, route, or service of an...more

Washington Court Finds Port District Liable for Worker’s Severe Injuries at Airport and Rejects Federal Aviation Preemption...

The Washington Court of Appeals recently affirmed a $40 million verdict in favor of a worker seriously injured at SeaTac International Airport while performing ground services for a contractor on the airplane ramp. The...more

Litigation and Federal Regulations Under Part 107 in the Coming Era of Drones

A drone crashed into Seattle’s iconic Space Needle on New Year’s Eve. The accident — which was recorded in dramatic fashion on the onboard camera — is likely a sign of things to come in 2017 and beyond as the Federal Aviation...more

Washington Supreme Court Restricts Claims Under the Insurance Fair Conduct Act

In a significant victory for insurers, the Washington Supreme Court interpreted the Insurance Fair Conduct Act (IFCA), RCW 48.30.015, for the first time and held that IFCA does not authorize an independent cause of action for...more

Washington Supreme Court Rejects Implied Federal Field Preemption of Aviation Product Liability Claim

In a unanimous decision, the Washington Supreme Court held that implied field preemption under federal law does not bar state-law product liability claims. The decision in Estate of Becker v. Avco Corporation (Jan. 26, 2017),...more

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