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The Pivotal Law Blog

Impending U.S. Supreme Court Decision Could Dramatically Effect Employer-Employment Relationship

Posted Wednesday, October 4, 2017 by Pivotal Law Group

On October 2, 2017, the U.S. Supreme Court heard argument in three consolidated cases that could significantly alter employment law nationwide. The three cases, Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and National Labor Relations…

Employee Terminated For Falsely Reporting Aircraft Safety Inspections Is Ineligible For Unemployment

Posted Thursday, September 28, 2017 by Pivotal Law Group

In its September 25, 2017 published decision in Cuesta v. State, No. 75405-0-I, the Court of Appeals ruled an employee who was terminated for falsely marking aircraft components as inspected was ineligible for unemployment benefits. Jose Cuesta was…

Ninth Circuit Rules for Insured in ERISA Employee Benefits Dispute Under Federal Agency Law

Posted Thursday, September 21, 2017 by Pivotal Law Group

The Ninth Circuit Court of Appeals recently ruled in favor of an insured in a dispute over coverage under an ERISA-governed benefits plan. In Salyers v. MetLife, Case No 15-56371 (September 20, 2017), the court applied the federal common law of agency to…

The Paradoxical Issue of Treating Children of Parents with Domestic Violence Protection Orders

Posted Wednesday, September 20, 2017 by Pivotal Law Group

The litigation of Domestic Violence Protection Orders are an important role that the Court plays. These are the most protective (non-criminal) orders that a person can obtain. These orders assists victims of domestic violence in breaking the cycle, and…

Federal EEOC Sues Employers over Pregnancy Discrimination

Posted Wednesday, September 13, 2017 by Pivotal Law Group

Three recent lawsuits show the federal Equal Employment Opportunity Commission (“EEOC”) is taking a hard look at suspected pregnancy discrimination. Since late August, the EEOC has sued three employers claiming they discriminated against pregnant…

Equifax announces customer information including Social Security Numbers have been stolen in a data breach

Posted Thursday, September 7, 2017 by Christopher L. Thayer

View CNN's article here: http://money.cnn.com/2017/09/07/technology/business/equifax-data-breach/index.html

Case law update: express easement vs. prescriptive easement

Posted Wednesday, September 6, 2017 by Christopher L. Thayer

In Schoenfelder, et al v. Larson (No. 48885-0-II), the Court of Appeals Division II recently addressed a situation involving several neighbors and a private roadway. A group of neighbors used a private road for access to their properties. Although the…

Washington Supreme Court Sends Strong Message Regarding Consumers and Meritless Debt Collection

Posted Wednesday, August 30, 2017 by Pivotal Law Group

In its recent published opinion in Elliott Bay Adjustment Co., Inc. v. Caren Dacumos, the Washington Supreme Court confirmed the right of a debtor to collect attorneys’ fees in defending a meritless debt collection action in small claims court (i.e., in…

WASHINGTON COURT OF APPEALS HOLDS GROWING OR FELLING TIMBER DOES NOT CONSTITUTE ‘FARMING’

Posted Wednesday, August 23, 2017 by Christopher L. Thayer

In its recent published opinion in Schroeder v. Haberthur, the Washington Court of Appeals, Division Three, held that growing and felling timber is not “farming” under the Deed of Trust Act (“DTA”), construing the DTA using definitions found in the…

If you were offered a free cruise over the phone, you may be due up to $900

Posted Thursday, August 17, 2017 by Christopher L. Thayer

If you received a robocall offering you a free cruise from 2009 to 2014, you may be entitled to a settlement up to $900. Click here for a full link to the article or see the link below…

Case Law Update: Injuries from assault not an “accident” and not covered by insurance

Posted Wednesday, August 16, 2017 by Christopher L. Thayer

Case Law Update: Injuries from assault not an “accident” and not covered by insurance In a recent unpublished decision, the Washington Court of Appeals (Division 1) addressed whether injuries caused by an intentional assault would be covered under an…

Proposed Seattle Legislation update to Limit use of prospective tenant's criminal history

Posted Tuesday, August 8, 2017 by Christopher L. Thayer

Seattle Legislation Update: The Seattle City Council is considering passing an ordinance which would prohibit landlords from screening prospective tenants based on criminal histories (except for registered sex offenders). The proposed ordinance will be…

Welcome to Our New Associate Attorney: McKean J. Evans

Posted Tuesday, August 8, 2017 by Christopher L. Thayer

We are very pleased to announce that McKean J. Evans has joined Pivotal Law Group as an associate attorney. McKean has recently moved to Seattle from Pittsburgh, Pennsylvania with his fiancé, a native of the Pacific Northwest. He is excited about moving…

The Case of the Incredible Shrinking Airline Seat

Posted Wednesday, August 2, 2017 by Christopher L. Thayer

By: McKean Evans

Case Law Update: Successor Liability for a Law Firm

Posted Wednesday, July 26, 2017 by Christopher L. Thayer

The Washington State Court of Appeals (Division I) recently found the owner of a law firm operating as a sole proprietorship liable for debts incurred by his predecessor Limited Liability Company in Columbia Bank v. Invicta Law Group and Mark Jordan…

Case Law Update: Does falling out of your car constitute a “Motor Vehicle Accident”?

Posted Friday, July 21, 2017 by Christopher L. Thayer

In a recent unpublished decision by the Court of Appeals (Division III), Ramm v. Farmers Insurance Company (No. 34542-4), the court addressed whether or not a person who falls partially out of a vehicle while parked and is injured is entitled to Personal…

Washington becomes fifth state to mandate paid family leave

Posted Thursday, July 6, 2017 by Pivotal Law Group

On Wednesday, Governor Jay Inslee signed into law a measure promising to cover workers' income when taking time off for the birth of a child. Washington will become the fifth state to offer such protections. Washington's new law, which takes effect in…

Case Law Update: Killing boundary tree subjects neighbor to lawsuit for damages

Posted Wednesday, June 28, 2017 by Christopher L. Thayer

In a recent case before Division II of the Washington Court of Appeals, Herring v. Pelayo (No. 48786-1-II), the court revisited the “boundary tree” doctrine established by the Happy Bunch, LLC v. Grandview case, 142 Wn. App. 81 (2007), and harmonize it…

Seattle ordinance requires landlords to give out voter registration info

Posted Wednesday, June 21, 2017 by Christopher L. Thayer

On Monday, the Seattle City Council voted unanimously to require that Seattle landlords give tenants voter registration information as part of an already required information packet on housing laws. Studies have shown that people on the move vote at…

REAL ID Compliance: What Washingtonians need to know

Posted Wednesday, June 14, 2017 by Pivotal Law Group

The REAL ID Act, passed by Congress in 2005, set standards for the issuance of sources of identification, such as driver's licenses. Here's the latest update residents of Washington need to know. Washington's standard driver's license/identification card…

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