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The Pivotal Law Blog

The Makers of Pokémon Go Face $5 Million Class-Action Lawsuit

Posted Wednesday, August 10, 2016 by Pivotal Law Group

The popular new mobile game, Pokémon Go, has finally caused property owners to react with legal action. The proposed class action lawsuit was filed by a New Jersey man who claims the game’s developer places Pokéstops and Pokémon gyms on private property…

New federal regs for e-cigarettes go into effect today

Posted Monday, August 8, 2016 by Pivotal Law Group

New federal regulations for e-cigarettes are going into effect today. These regulations give the Food and Drug Administration more regulatory control over all e-cigarette products and make it more difficult for minors to buy e-cigarette products: The…

Washington State Accuses Comcast of Engaging in Deceptive Practices

Posted Wednesday, August 3, 2016 by Pivotal Law Group

A lawsuit alleging more than 1.8 million violations of the Washington Consumer Protection Act was filed against Comcast yesterday. Washington Attorney General Bob Ferguson filed the $100 million suit saying that the cable giant engaged in deceptive…

Court of Appeals: When Spouses Divorce, Testamentary Gifts to Former Relatives Are Still Valid

Posted Wednesday, July 27, 2016 by Michael A. Larson and Pivotal Law Group

When people get married, the hope is it will last forever. And when the time comes to make an estate plan, couples often make those decisions together. A common estate plan has both wills look something like this: If I die first, everything goes to my…

NFL Accused of Pushing Painkillers on Former Players

Posted Wednesday, July 20, 2016 by Christopher L. Thayer

The NFL is currently facing serious allegations regarding the distribution of painkillers to NFL players. A group of more than 1,500 former NFL players and their families have filed a class action lawsuit against the NFL, alleging that all 32 NFL teams…

Caselaw Update – Interpreting Endorsements to Insurance Policies

Posted Wednesday, July 13, 2016 by Christopher L. Thayer

What many people do not realize, sometimes until after it is too late, is that insurance policies are just contracts, and what is covered, what is not covered, and what benefits you may be entitled to are limited to the express language of your policy…

Car Crash vs. Car Accident: Lawmakers Move Away From Labeling Crashes as Accidents

Posted Wednesday, July 6, 2016 by Pivotal Law Group

Most car crashes stem from risky driver behavior like drinking, distracted driving, speeding and other dangerous activities. Only 6 percent of crashes are caused by vehicle malfunctions, weather, and other factors. The question remains then, why has…

Washington State Enacts Law Governing Access to a Person’s “Digital Assets”

Posted Wednesday, June 29, 2016 by Michael A. Larson and Pivotal Law Group

When a person dies or becomes incapacitated, they may have assets that need to be located, accessed, and managed. Traditionally, those assets could include things like houses, cars, bank accounts, other personal property, etc. The person formally named…

New Federal Regulations for E-Cigarettes Cause Controversy

Posted Thursday, June 23, 2016 by Pivotal Law Group

The Food and Drug Administration has recently issued its first regulation on e-cigarettes. Previously subject to almost no oversight, the sale of e-cigarettes will soon be banned to anyone under the age of 18. Manufacturers of the product will now be…

Call Before You Dig– Excavator Liability For Damaging Underground Utilities in WA

Posted Wednesday, June 15, 2016 by Christopher L. Thayer

border left Washington has a comprehensive statutory scheme relating to homeowner and contractor responsibilities regarding excavation and underground utilities. The Underground Utility Prevention Act (the “UUPA”), which was significantly amended and…

With Recent Advances in Technology, Should Harm to Prosthetic Limbs Be Considered Property Damage or Personal Injury?

Posted Wednesday, June 8, 2016 by Pivotal Law Group

Prosthetic limbs have become increasingly advanced. For example, the most recent devices being created at Johns Hopkins' Applied Physics Laboratory have been developed with neurotechnology and may enable users to mentally control their prosthetic limbs…

Will Contests: How to Prove a Will Was the Product of Undue Influence

Posted Wednesday, June 1, 2016 by Michael A. Larson and Pivotal Law Group

In general, people have a fundamental right to distribute their property however they choose in the event of their death. So, when a person executes a will in the manner required by law, that will is presumed valid and will be honored. But what if a…

Prince Died Without a Will: The Importance of Estate Planning

Posted Wednesday, May 25, 2016 by Michael A. Larson

The late pop superstar, Prince, was found to have died without a will. His estate is estimated to be worth $300 million dollars and it is expected to grow now with the sales of his music skyrocketing since his death. Prince died without any known…

Underinsured Motorist Benefits and When They Apply

Posted Wednesday, May 18, 2016 by Pivotal Law Group

Underinsured Motorist Benefits Apply When There Is “Some Causal Connection” Between an Injury and the Use of an Underinsured Vehicle Anyone who drives a car knows they need to have car insurance. When it comes to coverage for personal injuries, there are…

Washington court rules Seattle garbage-can search ordinance unconstitutional

Posted Wednesday, May 11, 2016 by Pivotal Law Group

On April 27, 2016, Washington State Superior Court Judge Beth M. Andrus declared unconstitutional the Seattle ordinance requiring garbage collectors to search through residents' trash for food waste and compostable paper. Seattle Municipal Code…

Oral Agreements and Adverse Possession - A Case Law Update

Posted Thursday, April 28, 2016 by Christopher L. Thayer

border In LeBleu v. Aalgaard, Division III of the Washington Court of Appeals addressed whether an oral agreement regarding a boundary between two lots could affect the “hostility” element in an adverse possession claim. In LeBleu, seller sold two…

Access to Medical Records: HHS Provides New Guidance About This Critical Right

Posted Tuesday, April 19, 2016 by Pivotal Law Group

border As lawyers, we often need to obtain medical records for our injured clients. But there are many times when people may want their own records, even when a lawsuit isn’t involved. They may be moving and need to find a new doctor. They may be…

How Much is a Pet Dog Worth in a Court of Law?

Posted Friday, April 15, 2016 by Christopher L. Thayer

border Do you know the value of your pet in the eyes of the law? The answer may surprise you. The Georgia Supreme Court is considering whether a rescue mutt whose death was allegedly caused by a kennel’s negligence had any value — or had a value…

You May Be Owed Money If You Bought A Flat Screen TV, Computer Or iPod 10 Years Ago

Posted Friday, April 8, 2016 by Christopher L. Thayer

Due to a recent settlement agreement in a price-fixing case regarding LCD screens, Washington residents may be entitled to recovery. If you bought a flat screen TV a decade ago, you probably paid too much for it. The same is true if you purchased a color…

Renters facing mold call Jesse for help -- Mike Larson weighs in

Posted Friday, April 1, 2016 by Michael A. Larson

Last week, with great help from Alice Noman, I collaborated on a Jesse Jones piece on mold in rental units. Real Estate Attorney Mike Larson said renters shouldn’t argue mold with landlords. Instead, talk about water intrusion. That’s something the law…

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