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The Pivotal Law Blog

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…

Case Law Update: Res Ipsa Loquitur

Posted Monday, January 14, 2019 by Christopher L. Thayer

In a recent Washington Court of Appeals Division III case, Clarke v. Nichols (35477-6, January 3, 2019)(Unpublished), the Court took the opportunity to review and clarify application of principles of Res Ipsa Loquitur (Latin translated literally as “the…

King County Bar Association Publishes ERISA Disputes Best Practices Guide by Pivotal Attorney McKean Evans

Posted Friday, January 4, 2019 by Pivotal Law Group

The King County Bar Association's January 2019 edition of the Bar Bulletin features an ERISA disputes best practices guide by Pivotal Law Group attorney McKean J. Evans. McKean describes circumstances in which attorneys may encounter ERISA benefit…

Court Ruling Emphasizes Common Sense Reading of Insurance Policy in Win for Policyholder

Posted Monday, December 31, 2018 by Pivotal Law Group

The Washington Court of Appeals recently decided Poole v. State Farm Fire and Casualty Company, a case about fine print in a homeowner’s policy. After the Pooles' home burned down, State Farm denied coverage under a technical reading of the words…

Texas Judge Strikes Down Affordable Care Act

Posted Monday, December 17, 2018 by Pivotal Law Group

A federal judge in Texas has ruled the Affordable Care Act (a/k/a "Obamacare") can no longer be enforced. The judge determined the Act cannot function without its individual mandate requiring virtually all Americans to carry minimum health…

"Washington State Supreme Court Rules Against Microsoft in Retaliation Lawsuit by Ex-Employee"

Posted Thursday, November 29, 2018 by Pivotal Law Group

Recently, the Washington State Supreme Court heard a case regarding a former Microsoft Employee “who accused the company of laying her off in retaliation for taking prior legal action in a gender-discrimination complaint”. In 2004, Cornwell the former…

Health Insurer Ordered to Pay $25.5 Million For Wrongful Cancer Treatment Denial

Posted Friday, November 9, 2018 by Pivotal Law Group

In a timely followup to last week’s discussion of how to fight health insurance denials, this week an Oklahoma jury ordered health insurer Aetna to pay $25.5 million for denying coverage for insured’s Orrana Cunningham’s cancer treatment bills. Aetna had…

How to Fight A Health Insurance Denial

Posted Friday, November 2, 2018 by Pivotal Law Group

Many Americans increasingly find themselves dealing with huge medical bills after medical procedures their health insurers should have covered. All too often, the insurance company says "it's not our problem, talk to the hospital;" the hospital…

DISCLAIMER: This blog is not legal advice. This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice under any circumstances, nor should it be construed as creating an attorney-client relationship. The information on this blog is a general statement of the law and may not be up to date, accurate or applicable to your specific circumstances. Prior success in litigation is not an indication of future results; each case is unique and past results cannot predict future outcomes.

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