Damages Under The WPLA

The WPLA is broad in its provisions for recovery with some specific limitations. In general, an individual recovering under the WPLA can recover whatever damages they suffered. The Supreme Court discussed damages under the WPLA in Washington stating, “such damages include “any damages recognized by the courts of this state”. Wash. Water Power Co. v.


Understanding Defective Products in the WPLA

Definition of “Defect” It is clear that the Washington Product Liability Act (WPLA) protects people from defective products, but what exactly is a defective product? The WPLA avoids the term “defect.” Instead, the statute imposes liability for harm proximately caused by a product that is “not reasonably safe” in its construction, its design, or its


Bank Regulators’ new Strategy is Turning Directors into Managers

A recent Wall Street Journal report highlights a dramatic increase in personal communication requirements between bank directors, and the Federal Reserve as well as the Office of the Comptroller of Currency (OCC). Shifting away from ‘light-touch’ oversight, these regulators have changed their approach, meeting with boards of directors of the banks it supervises as often


Will Sprint Settlement finally Exorcize Ghosts of the Nextel Merger?

The fallout from one of the messiest mergers in American history appears to have entered its final stage on Monday, March 30th, when Sprint agreed to pay investors $131 million in a settlement dating back to the beleaguered 2005 Nextel acquisition. Lauded at the time as the creation of a telecom dynasty, technological incompatibility led


Will Arkansas Governor Hutchinson Fold on ‘Religious Freedom’?

On Friday March 27th, while physical and digital cavalries amassed in opposition to Indiana Governor Mike Pence’s Thursday signing of the state’s Religious Freedom Restoration Act (RFRA), the Arkansas state Senate voted 24-7 in favor of its state’s own version of the bill. HB 1228, a bill declaring that “a state action shall not substantially


In Defense of the NHTSA

In the wake of the global auto industry facing an enormous amount of recalls and legal actions, the National Highway Transportation Safety Administration (NHTSA) has endured a sizeable amount of scrutiny in recent years. Some, including myself, have raised questions regarding lax testing standards, and allegations of cronyism between the agency and automakers. Given the


Passage of Indiana Law Continues ‘Right to Try’ Momentum despite Concerns

Indiana became the 11th state last week to sign a controversial ‘Right to Try’ bill into law, allowing some desperately ill patients easier access to non FDA-approved experimental medications. The cause has been popularized in recent years due to the critically-acclaimed film, “Dallas Buyers Club,” which was about smuggling unapproved medications in order to help


Will CBD Laws put the South on the Legal Marijuana Bandwagon?

On March 27th, Georgia Governor Nathan Deal committed to signing into law the “Haley’s Hope” bill legalizing a certain form of cannabis called CBD. This strain of marijuana is different from the typical THC-laden plant that is predominantly used medically and recreationally. While non-intoxicating, CBD strains have been shown to dramatically reduce epileptic seizures in



Standard of Liability Under the WPLA for Manufacturers

The WPLA defines five categories of potential liability for product manufacturers: construction defects, breach of warranty, design defects, failure to warn, and post-sale duty to warn. Construction Defects The WPLA uses the term “strict liability” to describe a manufacturer’s responsibility for products that materially deviate from the manufacturers design specifications or performance standards or materially