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Strawn v. Farmers Ins. Co. of Oregon, --- P.3d ----, 2009 WL 1409471 (Or.App. May 20, 2009) (NO. A131605, 009809080)
A class action was filed complaining of defendants' claims handling of personal injury protection (PIP) benefits payments to their insureds. They used cost-containment software to evaluate their insureds' medical expenses in relation to other bills for the same procedure in a given region. If the charge submitted by an... Read More
In re F5 Networks, Inc., 207 P.3d 433 (Wash. May 21, 2009) (NO. 81817-7).
In a case of first impression, Washington’s Supreme Court decided that shareholders could sue on behalf of a Washington corporation without first making a demand on the board of directors if the demand would be futile.
Washington's corporate statute is based on the 1984 version of the Model Business Corporation Act, which did not contain... Read More
Millenkamp v. Davisco Foods Intern., Inc., 562 F.3d 971, 2009 WL 982787 (9th Cir.(Idaho) Apr 14, 2009) (NO. 07-35299, 07-35318)
Although no new ground is broken, this case provides recent Ninth Circuit case law on spoliation of evidence, settlement letters as evidence, expert opinions and business letters as admissible business records. Generally settlement letters are not admissible because their... Read More
The policy of open courts can trump the usual protective order.
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