Event Calendar

Monday, February 16, 2026

On Demand: The Late-Disclosure Epidemic: Thoughts on Using Proactive Discovery-Schedule Motions to Immunize Against Last Minute Disclosure of Expert Opinions and Damages

Start Date: 2/15/2023 8:00 AM PST
End Date: 2/16/2026 5:00 PM PST

Organization Name: WDTL

Maggie Sweeney
Email: maggie@wdtl.org
Phone: (206) 749-0319

Sponsor: WDTL Auto & Trucking Committee

Credit Card Payments Only

WDTL Members: $30

Non Members: $60

1 WSBA CLE credit

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In the not-too-distant past, there was a consensus that the plaintiff would disclose claimed damages and supporting expert opinions when answering the defendant’s interrogatories.  This was premised on the fact that the plaintiff has the burden of proof.  Then the defendant, with an understanding of the nature and extent of the plaintiff's case, would go about retaining defense experts and disclose defense opinions.  Thereafter, the parties would conduct depositions of each other's experts.  Like many things in our modern world, that consensus is being flipped.  Many plaintiff attorneys now argue they have no duty to disclose the full nature and extent of their damages or supporting expert opinion until the discovery cutoff date, which allows the defendant no time to retain appropriate experts and properly prepare for trial.

Does every case now require a proactive case management / discovery scheduling order?

Levi Bendele, Lee Smart
Jack T. Bishop, Lee Smart
Stephanie L. McNulty, Lee Smart
Levi Bendele is a graduate of the University of Colorado and the University of Denver’s Sturm College of Law. However, the best claim-handling education he received was when he moved to Washington and worked as a State Farm claim representative in the late 90s. Since that time he has defended a variety of cases, including automobile liability and UM/UIM, premise liability, construction injury and defect, premises liability, HOA litigation, professional liability, and insurance matters involving EUOs, PIP, coverage, bad faith, and IFCA claims. Secondarily, he has worked on a handful of appeals before Division One of the Washington Court of Appeals and two matters before the U.S. Ninth Circuit Court of Appeals.

Levi is a former board member of the WDTL and currently chairs the Automobile and Trucking Claims Defense Section.

Jack Bishop has experience in a broad range of legal subjects, including personal injury, auto accidents, professional liability, and construction defect litigation. Jack obtained his law degree from the University of Washington School of Law, where he was an Articles Editor for the Washington Journal of Environmental Law and Policy. After graduating, Jack worked as an electronic discovery attorney for a major international law firm. Subsequently, Jack also worked as coverage and assigned defense counsel for a boutique law firm in the Seattle area.

Stephanie L. McNulty has been involved in personal injury since 2013.  She also spent some time with family law, estates, protection orders, and other civil litigation. In addition to personal injury, Stephanie works on professional malpractice claims. She has personally handled trials in Snohomish, Skagit, and Whatcom Counties both remotely and in person since the pandemic started, and has a love/hate relationship with Zoom.

Fighting for justice and balance in civil courts.