10/11/07
James D. Nelson and Christopher C. Lee Obtain Defense Verdict in Client's Favor
James D. Nelson and Christopher C. Lee obtained a defense verdict for owners of a hotel in Kent, Washington against claims for breach of partnership, wage claims and breach of fiduciary duty. Plaintiff sought in excess of $1 million in damages claiming that he still owned an interest in the partnership that had purchased the hotel and that he had not been paid wages for his work at the hotel. Mr. Nelson and Mr. Lee were able to obtain directed verdicts on claims for violation of Washington's Criminal Profiteering Act and Securities Act at the conclusion of Plaintiff's case. The jury returned a verdict in just over one hour on the remaining claims based on the evidence and argument presented by Mr. Nelson and Mr. Lee.
9/28/07
Michael L. Olver Receives Supreme Court Ruling in Client's Favor
The Supreme Court ruled 6‑3 in favor of Michael L. Olver in a case entitled, Olver v. Fowler, _________ WL 2007 which established groundbreaking precedent – “No Washington case has addressed the division of property between the estates of two deceased committed intimate partners . . .” until September 20, 2007.
Thuy Ho’s son Harry was her only heir after a horrific head-on collision in which six persons were killed. Unfortunately, the million-dollar estate accumulated by Thuy Ho and her partner Cung Van Ho was all in the name of Cung.
A court commissioner appointed Michael L. Olver as Special Representative to fight for Harry’s share of the estate. His four-year battle with Cung’s creditors ended with this successful Supreme Court decision, you can view the decision here. Mr. Olver is a Director at Betts, Patterson & Mines, P.S., and is a member of the Probate and Probate Litigation Group.
6/22/07
James D. Nelson and Pam Kohli Jacobson Win in Court of Appeals for Hendrix Publicity Rights
On Monday, June 18, 2007, the Ninth Circuit Court of Appeals affirmed the Western District of Washington’s ruling that Jimi Hendrix’s right of publicity, including the right to license Jimi Hendrix’s name, image and likeness, did not survive the rock guitarist’s death in 1970. The ruling affects publicity rights previously controlled by Experience Hendrix and estimated to be worth over $100 million dollars.
In November 2003, Experience Hendrix filed suit against a fledgling non-profit organization, The James Marshall Hendrix Foundation, on the eve of the Foundation’s first major charitable event. Experience Hendrix claimed that, among other things, the Foundation improperly used images of Jimi and other publicity rights to promote the event. Judge Thomas S. Zilly of the Western District Court of Washington disagreed and held that Al Hendrix never inherited publicity rights from Jimi, meaning that Al could not have assigned Jimi’s publicity rights to Experience Hendrix, and awarded the Foundation its attorney’s fees. In the Ninth Circuit’s memorandum opinion, entered only two weeks after oral argument, Justices Pregerson, Ferguson and Ikuta unanimously affirmed the district court order.
Lead counsel for the Foundation, James Nelson of Betts, Patterson & Mines, P.S., commented that the Foundation is looking forward to continuing to use Jimi’s publicity rights to further its important charitable mission, which includes programs designed to help inner city kids.
4/24/07
Joseph D. Hampton and Catherine E. Pruett Win in Court of Appeals on Late Notice Argument
In a published opinion released April 24, 2007, Division One of the Washington Court of Appeals affirmed summary judgment in favor of Betts, Patterson & Mines' client Charter Oak Fire Insurance Company. Joseph D. Hampton and Catherine E. Pruett of our Insurance Coverage Practice Group represented Charter Oak. They successfully argued that the insured’s entering into a binding resolution protocol with the claimant prior to giving notice to Charter Oak violated the insurance policy’s notice and cooperation clauses, to Charter Oak’s prejudice. See MacLean Townhomes, LLC v. American States Ins. Co., et al., at http://www.courts.wa.gov/opinions/?fa=opinions.disp&filename=574442MAJ
4/09/2007
Joseph D. Hampton and Daniel L. Syhre obtain Summary Judgment for Insurer Client
Joseph Hampton and Daniel Syhre successfully defended an insurer client against a claim by another insurer for equitable contribution arising out of two underlying construction defect lawsuits. The court found that the claims against the client should be dismissed because the client was not jointly and severally liable on the claim paid by the plaintiff, because the client was prejudiced by late notice of the construction defect claims, and because the plaintiff’s bad faith conduct barred the equitable relief it sought. Joe and Dan are director and associate, respectively, in the firm’s Insurance Coverage Practice Group. Dan, with Joe’s advice and support, took the lead in the case from in-take to victory.
01/18/2007
Jody K. Reich and Stacia R. Hofmann were successful in a recent summary judgment motion presented on behalf of a long-time client who was sued in a product liability action for providing allegedly toxic Swedish flooring finish to a homeowner. All claims against the client were dismissed on summary judgment when the court found that the warning on the product was adequate, and that the client did not breach its duty of care to the homeowner. Multiple other defendants still remain in the complex case.