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The Pivotal Law Blog

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Case Law Update: Injuries from assault not an “accident” and not covered by insurance In a recent unpublished decision, the Washington Court of Appeals (Division 1) addressed whether injuries caused by an intentional assault would be covered under an…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

Legislative Update: Tougher distracted driving law goes into effect July of this year

Posted Wednesday, June 7, 2017 by Pivotal Law Group

On July 23, 2017, Washington’s new distracted-driving law goes into effect. The Legislature had agreed to postpone its implementation to 2019, but Governor Jay Inslee vetoed that compromise provision. As a result, drivers have just a few weeks to…

Swedish neurosurgeons double-booked surgeries

Posted Wednesday, May 31, 2017 by Pivotal Law Group

When having surgery, patients have many questions for their doctors. One question most patients probably don't ask is: Will you be in the operating room during the entire procedure? Now, news from Swedish health suggests patients should add this question…

Seattle ordinance confirms it's OK to to record police officers

Posted Tuesday, May 23, 2017 by Christopher L. Thayer

People often ask the question whether it's legal for the public to record police activity. On Monday, the Seattle City Council voted to codify that right into the Seattle Municipal Code. The First Amendment can offer protections to members of the public…

Governor signs law allowing marjuana stores to give out lock boxes

Posted Wednesday, May 10, 2017 by Pivotal Law Group

State law places strict limits on what marijuana stores can sell or give out. Soon, that list will see an increase. Recently, Governor Jay Inslee signed a bill allowing pot stores to give out small safes. The purpose of the bill is to stop children and…

Holding a cell phone while driving illegal in 2019

Posted Wednesday, April 26, 2017 by Pivotal Law Group

The Washington legislature has passed its distracted driving measure, making it illegal to hold a phone while driving. It remains to be signed into law by Gov. Jay Inslee, which is expected to happen within the next few weeks. "I am just thrilled…

Washington Supreme Court: The Boundaries of Co-employee Tort Immunity, Revisited

Posted Tuesday, April 18, 2017 by Pivotal Law Group

In October 2015, the Court of Appeals, Division I, held that the tort immunity provided by Workers’ Compensation law did not apply when one employee is injured by a co-employee, where the co-employee was not “on the clock” when the injury occurred. At…

Distracted driving cited for spike in pedestrian deaths in 2016

Posted Wednesday, April 5, 2017 by Christopher L. Thayer

State data released last Thursday demonstrate that pedestrian deaths are increasing at a faster rate than motorist deaths, and reached nearly 6,000 last year. Increased driving due to an improved economy, lower gas prices and more walking for exercise…

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