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…
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…
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…
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
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…
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…
Posted Monday, March 18, 2019 by Christopher L. Thayer
Gerlach v. The Cove Apartments
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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…