Miscellaneous

• Castleberry Foods Recalls Toxic Hot Dog Chili Sauce

  Mark McLean | July 26, 2007 12:03 PM | 0 CommentsSeattle, WA

  Castleberry Foods recently recalled cans of its hot dog chili sauce after the toxic Botulism poison was found in the sauce and caused four hospitalizations. Botulism is similar to Botox in the face--causing a muscle-paralyzing disease that comes from the extremely toxic Clostridium botulinum, a bacterium commonly found in soil.The toxin often originates from under-processed and under-heated...

• Study Reveals Seattle Bicycle Helmet Laws Reduce Injuries

  Mark McLean | July 25, 2007 5:07 PM | 0 CommentsSeattle, WA

  Studies have shown that Seattle's bicycle helmet laws have reduced injuries, especially inuries to children.According to Beterem and the road safety organization Or Yarok, hospitalization due to cycling accidents in New York, New Jersey, Canada, Seatle and California were down by dozens of percentage points - especially among children - after helmet laws were passed.Bicycles are a great form of...

• Washington Supreme Court Prohibits Class Action Waivers

  Mark McLean | July 20, 2007 1:41 PM | 0 CommentsSeattle, WA

  Washington's Supreme Court gave consumers a victory this month by ruling that companies may not disclaim class action liability. In a significant victory for consumers, the Washington Supreme Court ruled Thursday that the former Cingular Wireless, now AT&T, cannot enforce a waiver in its contract that prohibits customers from pursuing a class action.The Supreme Court ruled that the waiver...

• Sony Wants Class Action in Federal Courts

  Mark McLean | July 20, 2007 9:17 AM | 0 CommentsSeattle, WA

  The Sony Electronics Corporation "removed" a class action lawsuit from California state court to federal district court on Tuesday. The lawsuit concerns defects to Sony's "Trinitron" televisions. Sony refuted the complaint but admitted that the amount in controversy exceeds $5 million. "Removal" is a legal term allowing a defendant to move a case from state court to federal court if it...

• Cruise Ship Grounded in Alaska

  Mark McLean | July 09, 2007 12:32 PM | 0 CommentsSeattle, WA

  The Cruise Ship "The Empress of the North" ran aground in Icy Strait near Juneau, Alaska recently. The ship was operated by Majestic America Line out of Seattle. People who sign up for cruise ships usually (and often unwittingly) also sign a contract which includes a "forum selection clause" requiring them to file any claim in a specified place. Seattle is a booming hub of the cruise line...

• Big Mountain Prevails in Skier Injury Case

  Michael Myers | May 03, 2007 7:53 PM | 0 CommentsSeattle, WA

  A seven person federal jury determined Big Mountain was not liable for the injury of a young boy. As noted in an earlier entry it's tough to win cases against ski areas. The law is unfavorable and jurors are pre-disposed to think that skiers and snowboarders have assumed any and every risk imaginable. Even though they're tough, valid cases should be seriously considered. And, as mentioned in...

• Holland America--Passengers, Injuries, Infirmaries and Insurance

  Michael Myers | March 08, 2007 8:14 AM | 0 CommentsSeattle, WA

  A University of Texas study showed that four in 100 passengers visited shipboard infirmaries. Eighteen percent of those who visited infirmaries had been inured. In a recent interview, Sally van Boheemen, RN and Director of Holland America Line's Fleet Medical Operations, explained that injuries ranged from sprained ankles to broken hips. In addition, passengers often need to leave a ship for...

• Big Mountain Backdrop for Ski Accident Litigation

  Michael Myers | March 03, 2007 11:19 AM | 0 CommentsSeattle, WA

  Assumption of risk is a huge issue in ski accident cases. The doctrine--which implicates the reasonable care of ski resorts and the personal responsiblity of skiers and riders--was a central issue in a recent case tried in front of the U.S. District Court in Helena, Montana. A six-year-old was seriously injured in 2005. The accident took place in a highly congested area. According to an...

• Washington State Trial Lawyer Blogs

  Staff Writer | February 24, 2007 12:12 AM | 0 CommentsSeattle, WA

  Thanks to Mary Whisner at the University of Washington School of Law for posting on the state's trial law blogs - with all the new legal "blawgs" launching every day, it's hard to keep track of them all. She mentions this about the blawgs: These blogs vary a lot in how much content they offer, how often they are updated, and the extent to which they appear to be online extensions of billboards...

• Forum Selection Clauses

  Michael Myers | January 03, 2007 9:15 AM | 0 CommentsSeattle, WA

  A "forum selection clause" is a portion of a contract that specifies where a particular dispute will be litigated. Sometimes these clauses are enforceable. Other times they are not. The Holland America forum selection clause--which makes Seattle the exclusive place to litigate Holland America passenger injury claims--is enforceable. If suit is filed outside the Western District of Washington...