2014 WSAJ Annual Convention - Tort Law Seminar
Published by Washington State Association for Justice
$75 for Regular Member
Duration: 180 minutes
Register now for immediate access to this program.
2014 WSAJ Annual Convention
Chairpersons: Kristina McKennon & Greg Price
Thursday, July 17 - Sunday, July 20, 2014
Skamania Lodge, Stevenson, WA
WSBA Activity ID: 386750
Recorded Saturday, July 19, 2014
Tort Law Update with Chair Victoria Vreeland – 3.0 CLE credits
8:00-8:05 Welcome & Introductions – Convention Chairs, Kristi McKennon & Greg Price and Tort Law Update Chair, Victoria Vreeland
8:10-9:00 Recent Appellate Decisions - Bryan P. Harnetiaux and George M. Ahrend
9:00-9:30 Creating Enforceable Covenants Not to Sue - Lincoln C. Beauregard
9:55-10:30 Limiting Recreational Use Immunity - John Budlong
10:30-11:00 MAR Update & Limiting the Effects of Berryman on Recoveries - Shannon M. Kilpatrick
11:00-11:30 Upholding Witness Exclusion for Defense Discovery Violations – the Burnet Factors - Todd W. Gardner
| Victoria L. Vreeland|
Victoria L. Vreeland is a trial lawyer who has been in practice since 1976. In 2011, after 28 years as a partner in a major firm in Seattle, she started her own firm, Vreeland Law PLLC. Her firm has been named in Best Law Firms in America for 2014....MoreVictoria L. Vreeland is a trial lawyer who has been in practice since 1976. In 2011, after 28 years as a partner in a major firm in Seattle, she started her own firm, Vreeland Law PLLC. Her firm has been named in Best Law Firms in America for 2014. www.vreeland-law.com
She concentrates on “abuse of power” claims such as employment discrimination, sexual coercion and abuse, civil rights, shareholder rights, and commercial torts. Along with her trial team, she has recovered over $55 million for individuals harmed by discrimination or abuse.
Ms. Vreeland was selected as WSTLA Trial Lawyer of the Year in 2007, has been named in Best Lawyers in America each year since 2009, is a Fellow of the American Bar Foundation, has been selected as a SuperLawyer annually since 2002 and repeatedly identified as Top 50 Women Lawyers by Washington Law & Politics. In 2007, she was the first private practitioner to receive the Myra Bradwell Award from the Gonzaga University School of Law Women’s Caucus.
Since 1993, Ms. Vreeland has also represented the Office of Insurance Commissioner in insurer receiverships in pursuit of claims against third parties and officers and directors of failed insurance carriers. In 2010, on behalf of a receivership, she obtained a federal court jury verdict of $19.3 million based on fraud, civil conspiracy, criminal profiteering, consumer protection, and other torts. Before private practice, she was an Assistant Attorney General for the Crime Victims’ Compensation Program and for the Consumer Protection and Anti-Trust Division. She also served as the first female judicial clerk for the Washington State Court of Appeals, Division III, and was an Honors Intern for the Department of Justice in Washington, D.C., including work on the Nixon/Watergate tapes case in 1975. She attended Gonzaga University School of Law, graduating summa cum laude.
Significant professional leadership roles include: WSAJ Board of Governors, 1994 - 1998; WSAJ Amicus Committee, 2010 – present; WSBA Board of Governors, 1999 - 2002; WSBA Disciplinary Board and Special District Counsel; WELA Board 2008 – 2014, WELA Chair 2008 – 2012, and Vice-Chair 2004 – 2008.
She is adamant about individual rights, the right to trial by jury, and full and fair compensation to those who have been injured by the wrongful acts of others. Collapse
| Bryan P. Harnetiaux|
Bryan P. Harnetiaux is a Spokane lawyer. He is also a playwright. Since mid-1982, he has been a Coordinator for the Washington State Trial Lawyers Association (WSTLA) Amicus Committee, succeeded in 1999 by the WSTLA Foundation Amicus Committee, and...MoreBryan P. Harnetiaux is a Spokane lawyer. He is also a playwright. Since mid-1982, he has been a Coordinator for the Washington State Trial Lawyers Association (WSTLA) Amicus Committee, succeeded in 1999 by the WSTLA Foundation Amicus Committee, and in 2009 by the Washington State Association for Justice (WSAJ) Foundation Amicus Committee. He is currently Co-Coordinator of the WSAJ Foundation Amicus Committee, along with George Ahrend. This work entails preparing amicus curiae briefs on behalf of the organization.
In 1985, Mr. Harnetiaux received the prestigious WSAJ (formerly WSTLA) President's Award for this work. In 2007, he was awarded the Pillar of Justice Award by WSAJ (formerly WSTLA) for his long-time service to the Amicus Program. Mr. Harnetiaux is a member of the American Academy of Appellate Lawyers, and a former Chair of the Washington State Bar Association's Civil Rights Committee. He was one of the co-editors of the Second Edition of the Washington Appellate Practice Deskbook, and a contributing author to the Revised Second Edition and the Third Edition. Mr. Harnetiaux received his J.D. from Gonzaga University School of Law in 1973, where he has long served as an adjunct professor, and currently teaches Foundations of Appellate Law. Collapse
| George M. Ahrend|
George Ahrend’s practice focuses on appellate litigation, handling appeals and consulting on appellate matters in state and federal courts throughout the state of Washington. He is a member of Ahrend Albrecht PLLC, which has offices in Ephrata and...MoreGeorge Ahrend’s practice focuses on appellate litigation, handling appeals and consulting on appellate matters in state and federal courts throughout the state of Washington. He is a member of Ahrend Albrecht PLLC, which has offices in Ephrata and Spokane. He also serves as Co-Coordinator of the Washington State Association for Justice Foundation Amicus Committee. He obtained his legal education from Gonzaga University School of Law, and was Editor-in-Chief of the Gonzaga Law Review. Collapse
| Lincoln Beauregard|
Lincoln C. Beauregard practices with the Connelly Law Offices, whereabouts, in 2006, he was the first attorney to join the recently formed firm along with Mr. Connelly. After graduating from the University of Washington Law School and prior to...MoreLincoln C. Beauregard practices with the Connelly Law Offices, whereabouts, in 2006, he was the first attorney to join the recently formed firm along with Mr. Connelly. After graduating from the University of Washington Law School and prior to joining Mr. Connelly at the new firm, Mr. Beauregard started his post-law school legal career after accepting a position as an associate at Gordon Thomas Honeywell, Malanca, Peterson & Daheim in September of 2002. During law school, Mr. Beauregard interned at the Public Defenders Office, the City of Seattle City Council, the law firm of Stafford Frey Cooper, and he spent his entire second year as a legal intern in the Law and Corporate Affairs Department with Starbucks headquarters. Before attending law school, Mr. Beauregard was enlisted in the United States Air Force of 8.5 years during which time he contemporaneously obtained his bachelors degree in Professional Aeronautics with a minor in Business Administration from Embry Ri ddle Aeronautical University.
A large portion of Mr. Beauregard’s practice focuses upon forging relationships and association agreements with other attorneys to unite for the common good. In many instances, attorneys from other firms may selflessly seek to collaborate with other counsel having experience, financial resources, and a track record of success litigating difficult personal injury and civil rights lawsuits. Mr. Beauregard possesses such experience and track record and his firm has the resources to fund expensive litigation for high value claims. Over the years, Mr. Beauregard has accumulated a multitude of multi-million dollar recoveries against both public and private entities. As a prime example, in 2015 when working with associating counsel, Lincoln and his colleageus achieved a $16.7 million verdict on a $0 settlement offer medical malpractice lawsuit. At trial, Lincoln and his team asked the jury to award “$1” in damages to the agrregieved spouse (with the suggestion tht the jury could possibly award a little more) and the jury then returned the record verdict after approximately 4-hours of deliberation. The jury verdict brought the total effective recoveries to $20.2 million when added to the first settlement associated with that same claim.
Other examples include co-counsel on the highest settlement ever by the State of Washington for a claim involving the negligent supervision of a violent offender, multiple high profile and high dollar recoveries from the Department of Social and Health Services for failing to prevent abuse, a series of recoveries against negligent and/or power abusing law enforcement entities, a succession of highly successful recoveries for childhood physical and sexual abuse victims, notable insurance bad faith recoveries, wrongful death lawsuits of all kinds, product liability lawsuits involving the death of children, various seven figure premises related claims including one involving a man seriously brain injured during a Fantasy Fair sword fight, and a long list of other cases with very positive outcomes. In addition to offering experience, resources and reputation in associations with other lawyers seeking to work as a team, Mr. Beauregard takes great pride in the mutual benefit to le arn and grow by employing a team focused approach with associating counsel in order to achieve client goals. The working relationship philosophy to which Mr. Beauregard aspires is to earn the trust and confidence of every client and associating attorney not just for the current case, but for the “next” case as well. Mr. Beauregard takes the most pleasure in pulling a rabbit out of the litigation hat.
Since graduating from law school in 2002, Mr. Beauregard's representative published accomplishments include developing, briefing, and/or arguing the case setting the standard for the admissibility of scientific evidence in Washington, Anderson v. Akzo Nobel, 172 Wash. 2d 593, 260 P.3d 857 (2011), a leading case in the Ninth Circuit on law enforcement and qualified immunity, Kennedy v. City of Ridgefield, 439 F.3d 1055 (March 7, 2006) (state created danger theory under Section 1983), litigating a leading case in the Ninth Circuit on the discretionary immunity doctrine involving claims against the United States, Whisnant v. United States of America, 400 F.3d (March 11, 2005), litigating a complex insurance bad faith and coverage case, Specialty Surplus v. Second Chance, 412 F. Supp. 1152 (January 30, 2006)(complex insurance bad faith), and in the state appellate courts briefing, arguing, and winning litigation involving a legal malpractice claim, Paradise Orchards General Partnership v. Fearing, et al., 122 Wn. App. 507, 94 P.3d 372 (2004).
Mr. Beauregard has previously been a CLE presenter for the Washington State Trial Lawyers, WSAJ, and WSBA on multiple occasions. He has also been repeatedly recognized as a “Super Lawyer” by Washington Law & Politics, selected to Best Lawyers in America on multiple occasions, recognized by Seattle Business as a Leading Lawyer in the Puget Sound area, given a Top 10 Award by the National Academy of Personal Injury Attorneys, recognized as a Top Lawyer by Seattle Met Magazine, and was proudly awarded the Air Force Eagle Grant for Educational Excellence while in the military.
Mr. Beauregard is also a minority owner of a small Italian restaurant in Capitol Hill, RIONE XIII, and an avid Seahawks fan. Go Hawks! Collapse
| John Budlong|
The Budlong Law Firm represents seriously injured people in lawsuits against corporations, insurance companies, government entities, and medical institutions. John Budlong was graduated from the University of Washington law school in 1982 and is...MoreThe Budlong Law Firm represents seriously injured people in lawsuits against corporations, insurance companies, government entities, and medical institutions. John Budlong was graduated from the University of Washington law school in 1982 and is licensed to practice law in Washington and Arizona. He has tried medical malpractice, product liability, workplace injury, motor vehicle, maritime injury, insurance coverage/bad faith, and other lawsuits to jury verdicts. He strives to practice and to hold defense lawyers accountable to the highest legal and ethical standards.
John Budlong is a past-president of the Washington State Trial Lawyers Association/Washington State Association for Justice. He has been a member or chair of its Legislative Steering Committee, Judicial Candidates Committee, and Amicus Committee. He is an invited member of Damage Attorneys Roundtable of Washington. He has received WSTLA’s President’s Award, Trial Lawyer of the Year Award, and DART’s Robin Hood Award. He writes legal articles and teaches at legal education seminars and at the University of Washington Law School’s trial advocacy program.
Since 1993, John Budlong has testified in the Washington Legislature against efforts by the corporate, insurance, government and medical lobbies to weaken the tort and insurance laws. He represented the plaintiffs in important Washington Supreme Court cases, including:
· Jones v. Allstate Ins. Co., 146 Wn.2d 291, 45 P.3d 1068 (2002), which stopped Allstate’s deceptive attempts to “represent” auto accident victims
· Coppernoll v. Reed, 155 Wn.2d 290, 119 P.3d 318 (2005), which challenged the damages caps in Initiative 330
· Fellows v. Moynihan, 175 Wn.2d 641, 285 P.3d 864 (2012), which upholds discovery of hospital credentialing records and reasons for terminating a physician’s medical staff privileges
· Camicia v. Howard S. Wright Construction Company, 179 Wn. 2d 684, 317 P.3d 987 (2014), which limits the Recreational Use Immunity statute, RCW 4.24.210)
· Martin v. Dematic, 182 Wn.2d 281, 340 P.3d 834 (2014), which liberalizes the discovery rule and extends the tolling of the statute of limitations.
· Fergen v. Sestero, 182 Wn.2d 794, 346 P.3d 708 (2015), which sought to eliminate the “exercise of judgment” jury instruction in medical malpractice cases.
John Budlong has obtained numerous multi-million dollar jury verdicts and settlements. His clients’ lawsuits have deterred dangerous practices, prevented injury to others, compensated the seriously injured, and upheld the rights of plaintiffs, including their constitutional right to discover evidence necessary to win jury trials.
| Shannon Kilpatrick|
Shannon M. Kilpatrick practices at DawsonBrownPS in Seattle. She focuses her practice on substantial personal injury claims, wrongful death, insurance coverage disputes, and claims involving insurer misconduct. She also consults on and handles...MoreShannon M. Kilpatrick practices at DawsonBrownPS in Seattle. She focuses her practice on substantial personal injury claims, wrongful death, insurance coverage disputes, and claims involving insurer misconduct. She also consults on and handles appeals. She provides pro bono legal services to immigrants through the Northwest Immigrant Rights Project. Before joining DawsonBrownPS in 2014, she practiced with her father, Dick Kilpatrick, for five years. Prior to that, Shannon clerked for the Honorable Debra L. Stephens at the Washington Supreme Court.
Shannon is a native of the Seattle area. She graduated from Newport High School in Bellevue and earned her BA in History from Whitman College. She graduated cum laude from Marquette University Law School in Milwaukee, Wisconsin, where she externed for the Honorable John L. Coffey at the US Court of Appeals for the Seventh Circuit.
Shannon is admitted to practice in all state courts in Washington. She is also admitted before the US District Court for the Western District of Washington and the US Court of Appeals for the Ninth Circuit. She has served on the Washington State Bar Association (WSBA) Court Rules & Procedures Committee since 2011. In 2015 and 2016, the WSBA Board of Governors appointed her to serve as Chair of that Committee. From 2011-2012, she served on the WSBA Admission to Practice Rules Task Force. Shannon is also involved in the plaintiffs’ trial bar, the Washington State Association for Justice (WSAJ). She serves on its Board of Governors and the Judicial Relations Committee.
Shannon has authored articles and been an invited speaker at numerous seminars on the topics of insurance law, tort law, ethics rules, civil procedure, and appellate issues. From 2012-2016, Washington Super Lawyers selected her as a Rising Star. She has a perfect 10.0 “Superb” rating on Avvo.com. In July 2014, Gonzaga Law Review published an article she wrote, entitled “Sounding the Alarm: Is Diversity Jurisdiction Interfering with Washington State's Development of Its Own Body of Law Related to the Insurance Fair Conduct Act?”
Like any good Northwest native, Shannon loves the outdoors and traveling, and enjoys rooting for Seattle sports teams – some years more than others. She and her husband, Dan, are Mariners’ season ticket holders and long-suffering fans. They live in Duvall with their cat, Hannah. Collapse
| Todd W. Gardner|
Todd W. Gardner is a partner in the firm of Swanson Gardner, located in Renton, Washington. His practice is limited to personal injury and wrongful death litigation. Mr. Gardner received his undergraduate degree in economics from the University of...MoreTodd W. Gardner is a partner in the firm of Swanson Gardner, located in Renton, Washington. His practice is limited to personal injury and wrongful death litigation. Mr. Gardner received his undergraduate degree in economics from the University of Washington in 1977 where he was a member of Phi Beta Kappa and graduated magna cum laude. He graduated from the University of Washington School of Law, with honors, in 1980.Mr. Gardner received the Trial Lawyer of the Year award from the Washington State Trial Lawyers Association in 2004, serves as a WSAJ Eagle, and is a member of the American Board of Trial Advocates, Damage Attorneys Round Table, Million Dollar Advocates Forum and the American College of Trial Lawyers. For the last thirteen years Mr. Gardner has been listed as a “Super Lawyer” by Law & Politics.
Todd Gardner has tried over 50 cases to verdict including 13 cases with damage awards in excess of $1,000,000 and 4 verdicts in excess of $10,000,000. Notable verdicts include:
1. The first million-dollar verdict for the death of a minor in Washington
(Williams v. Children’s Hospital, August 1995)
2. The largest Washington wrongful death verdict at that time for a retired, senior citizen
(Lingen v. John Doe Pharmacy, April 2000 -- $1,900,000)
3. Largest highway design defect verdict in the state
(Ashraf v. City of Seattle, July 2001 -- $13 million)
4. Largest verdict for a brachial plexus injury in the state
(Hansen v. Group Health, November 2003 -- $2.58 million)
5. What was, at the time, the largest medical negligence jury verdict in the state
(Lafferty v. Stevens Hospital, et al, April 2005 -- $17.1 million)
6. Wrongful death verdict for a wife and mother of three.
(Gonzales v. Valley Electric, 2008 -- $8 million)
7. Personal injury verdict for a Seattle firefighter.
(Jones v. City of Seattle, 2009 -- $12.5 million.)
8. Largest personal injury or wrongful death verdict in the state, and largest wrongful birth verdict in the country.
(Wuth v. LabCorp, Valley Medical Center, et al., 2013 -- $50 million)
July 19, 2014
Program Titles and Supporting Materials
This program contains the following components:
- Tort Law Seminar - Paper
- Recent Appellate Decisions - Video
- Recent Appellate Decisions - Audio
- Creating Enforceable Covenants Not to Sue - Video
- Creating Enforceable Covenants Not to Sue - Audio
- Limiting Recreational Use Immunity - Video
- Limiting Recreational Use Immunity - Audio
- MAR Update & Limiting the Effects of Berryman on Recoveries - Video
- MAR Update & Limiting the Effects of Berryman on Recoveries - Audio
- Upholding Witness Exclusion for Defense Discovery Violations – the Burnet Factors - Video
- Upholding Witness Exclusion for Defense Discovery Violations – the Burnet Factors - Audio
How To Attend
Join the self-paced program from your office, home, or hotel room using a computer and high speed internet connection. You may start and stop the program at your convenience, continue where you left off, and review supporting materials as often as you like.
You may access this course on a computer or mobile device with high speed internet (iPhones require iOS 10 or higher). Recommended browsers are Google Chrome or Mozilla Firefox.
If applicable, you may obtain credit in multiple jurisdictions simultaneously for this program (see pending/approved list below). If electing credit for this program, registrants in jurisdictions not listed below will receive a Certificate of Completion that may or may not meet credit requirements in other jurisdictions. Where applicable, credit will be only awarded to a paid registrant completing all the requirements of the program as determined by the selected accreditation authority.
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