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The Pivotal Law Blog

Minimum Wage Increase Reminder for Seattle Businesses

Posted Friday, November 1, 2019 by Kim Sandher

Effective January 1, 2020 the Seattle Minimum Wage Ordinance requires the following minimum wage be paid to all employees working in Seattle, regardless of the location of the employer: Large Employers (501 or more employees): $16.39/hour Small Employers…

Case Law Update: “Insane Delusion” in the context of a Will Contest

Posted Wednesday, October 23, 2019 by Christopher L. Thayer

In Rai-Choudhury v. Inslee (78696-2-1, 10/21/19, Division I), the daughter of a decedent challenged her mother’s updated Last Will and Testament, contending her mother was suffering from an “insane delusion” which materially affected her mother’s…

Five Key Terms for Private Construction Contracts

Posted Friday, August 9, 2019 by Kim Sandher

Although there are many pieces to the construction contract, contractors should pay attention to the below five provisions during the negotiation and drafting stages of the contract. Even if not in the negotiation phase, every contractor should have…

Case Law Update: The Doctrine of Laches

Posted Thursday, August 1, 2019 by Christopher L. Thayer

In a recent procedurally complex case involving foreclosure of a lien by a condominium association for unpaid dues, the Court of Appeals (Division 1) in Eastlake Lofts Condominium Association v. Hoover (No. 78266-5-1) recently addressed the doctrine of…

New Washington Non-Compete Bill: Many Covenants for Employees and Independent Contractors Unenforceable

Posted Monday, July 8, 2019 by Kim Sandher

Legal Update for Business Owners

Case Law Update: The Tort of Outrage/Intentional Infliction of Emotional Distress

Posted Monday, July 8, 2019 by Christopher L. Thayer

The Washington Court of Appeals Division III recently addressed a case involving the tort of Outrage, also known as Intentional Infliction of Emotional Distress in Spicer v. Patnode, No. 36065-2-III, June 25, 2019. Claims for Outrage are fairly rare as…

Lime, Bird, Uber, Spin, Lyft, Jump and other electric scooters may be coming to Seattle soon – what happens if you are injured?

Posted Wednesday, June 5, 2019 by Christopher L. Thayer

Residents of Seattle have become accustomed to the presence of Lime Bikes, the colorful green and yellow bicycles for rent via an app on your smart phone. An increasing number of these bikes are electric, and soon Lime (and perhaps others) will be adding…

Significant Changes in Washington’s Landlord-Tenant Laws (2019)

Posted Friday, May 17, 2019 by Christopher L. Thayer

Washington Governor Jay Inslee has recently signed Senate Bill 5600, which makes significant changes to the existing Residential Landlord Tenant Act (“RLTA”) in Washington as codified in RCW 59.18. The changes will impact the rights for both landlords…

Estate Planning Legal Update: WA State Legislature Passes Bill Allowing Human Composting As Alternative to Traditional Burial

Posted Thursday, April 25, 2019 by Pivotal Law Group

Washington State’s legislature recently passed a bill (Senate Bill 5001) that would allow human composting as an alternative to burial or cremation. The bill legalizes disposal of human remains via “natural organic reduction,” which is the accelerated…

Supreme Court to Decide Whether Federal Civil Rights Laws Protect LGBT Employees

Posted Monday, April 22, 2019 by Pivotal Law Group

Federal law generally prohibits workplace discrimination based on gender. An open question has been whether discrimination "because of gender" includes discrimination against LGBT employees. Some courts have said yes, reasoning that at least…

Robert Mueller's Report

Posted Friday, April 19, 2019 by Christopher L. Thayer

Link to PDF copy of full (redacted) report by Special Counsel Robert Mueller on Russian interference in 2016 election

Case Law Update: Roller Coaster Injury and Res Ipsa Loquitur

Posted Thursday, April 4, 2019 by Christopher L. Thayer

In Brugh v. Fun-Tastic Rides Co., (51055-3, March 26, 2019) the Washington Court of Appeals (Division II) recently addressed application of the Res Ipsa Loquitur (latin for “the thing speaks for itself) doctrine in the context of an injury suffered on a…

Does ERISA Apply to COBRA Coverage?

Posted Thursday, April 4, 2019 by Pivotal Law Group

ERISA applies to most insurance obtained through an employer (https://pivotallawgroup.com/Blog/2018/01/What-is-ERISA-and-How-Does-It-A). "COBRA" coverage is insurance coverage you get after your employment ends. So it's understandable if you…

Case Law Update: The Voluntary Intoxication Defense

Posted Monday, March 18, 2019 by Christopher L. Thayer

Gerlach v. The Cove Apartments

Know Your Rights – Long Term Care Insurance

Posted Tuesday, March 12, 2019 by Pivotal Law Group

Many people have long term care insurance, especially when they get older, because the cost of prolonged individual care due to an injury or illness can be significant. For that reason, Long Term Care insurance is often part of people’s estate plan. Long…

Pivotal Attorney McKean J. Evans Obtains Win for Employee in ERISA Disability Coverage Lawsuit

Posted Wednesday, February 27, 2019 by Pivotal Law Group

On February 27, 2019, Pivotal Law Group attorney McKean J. Evans obtained a victory in an ERISA disability lawsuit in federal District Court in Seattle. McKean's client was denied disability coverage because she filed her claim a few days late, even…

Case Law Update: Will Contest Clause

Posted Wednesday, February 27, 2019 by Christopher L. Thayer

The Washington Court of Appeals, Division I, in the matter of In Re Rai-Choudhury (No. 77740-8-1, February 25, 2019) rendered a decision about the impact of a “no contest” clause in a Last Will and Testament. Margaret Rai-Choudhury, age 82, executed a…

Digital Estate Planning Cautionary Tale: Investors Lose $190 Million in Bitcoin After The Only Person With The Password Dies

Posted Tuesday, February 5, 2019 by Pivotal Law Group

There are many reasons to regularly update your estate plan, but one particularly important reason is to ensure family and business colleagues have access to critical information in the event of your unexpected death or incapacity. A recent cautionary…

Four Common Disability Insurance Provisions and Why They Matter

Posted Friday, January 25, 2019 by Pivotal Law Group

As with most insurance cases, disputes over disability insurance coverage or benefits frequently turn on the specific insurance policy language at issue. The policy's fine print can lead to outcomes that might seem counterintuitive. Below are four common…

Do I Really Need A Will? The Who, What, When, Where, Why and How of Estate Planning for the New Year

Posted Thursday, January 17, 2019 by Pivotal Law Group

Most Americans lack an estate plan, especially Millennials. Many people find even thinking about estate planning daunting. But, like any problem, it’s easy to approach by breaking it down into small steps. Here’s a straightforward checklist of why an…

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