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The Pivotal Law Blog

Case Law Update – Employee or Independent Contractor?

Posted Wednesday, November 8, 2017 by Pivotal Law Group

Whether a worker is an employee or an independent contractor is a critical distinction for employees and employers alike. For employees, the distinction can affect entitlement to overtime, breaks, legal protections and additional benefits. The…

Court of Appeals Rules on Case of Business Collapse and Attempted Murder

Posted Wednesday, November 1, 2017 by Pivotal Law Group

In a recent unpublished decision, the Court of Appeals ruled on a business dispute between two former partners involving the business’ loss in the 2008 crash and one partner’s attempt to murder the other to collect insurance money. Dr. Michael King and…

WA Supreme Court Clarifies Standard For Asserting Discrimination Claims; Reinstates Age And Gender Discrimination Lawsuit

Posted Wednesday, October 25, 2017 by Pivotal Law Group

The Washington Supreme Court’s recent En Banc ruling in Mikkelsen v. Public Utility District No. 1 of Kittitas County clarifies what an employee must allege in order to sue for illegal discrimination under Washington law. In that case, Kim Mikkelsen sued…

Federal Appeals Court Affirms $6.6 Million Jury Verdict In Favor Of Police Officers On Race Discrimination Claims

Posted Wednesday, October 18, 2017 by Pivotal Law Group

The Ninth Circuit Court of Appeals recently affirmed a $6.6 million jury verdict in favor of the plaintiffs, three police officers of Latino descent, against the City of Westminster’s police department. In Flores v. City of Westminster, the court…

Federal Judge Declines To Block Washington’s “Cyberstalking” Law, But Doubts Its Constitutionality

Posted Wednesday, October 11, 2017 by Pivotal Law Group

On Tuesday, October 10, 2017, a Tacoma federal judge issued a ruling declining to block Washington’s anti-cyberstalking law, but expressed concerns the law may be unconstitutional. The plaintiff in the lawsuit alleges the law is unconstitutional because…

Impending U.S. Supreme Court Decision Could Dramatically Effect Employer-Employment Relationship

Posted Wednesday, October 4, 2017 by Pivotal Law Group

On October 2, 2017, the U.S. Supreme Court heard argument in three consolidated cases that could significantly alter employment law nationwide. The three cases, Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and National Labor Relations…

Employee Terminated For Falsely Reporting Aircraft Safety Inspections Is Ineligible For Unemployment

Posted Thursday, September 28, 2017 by Pivotal Law Group

In its September 25, 2017 published decision in Cuesta v. State, No. 75405-0-I, the Court of Appeals ruled an employee who was terminated for falsely marking aircraft components as inspected was ineligible for unemployment benefits. Jose Cuesta was…

Ninth Circuit Rules for Insured in ERISA Employee Benefits Dispute Under Federal Agency Law

Posted Thursday, September 21, 2017 by Pivotal Law Group

The Ninth Circuit Court of Appeals recently ruled in favor of an insured in a dispute over coverage under an ERISA-governed benefits plan. In Salyers v. MetLife, Case No 15-56371 (September 20, 2017), the court applied the federal common law of agency to…

The Paradoxical Issue of Treating Children of Parents with Domestic Violence Protection Orders

Posted Wednesday, September 20, 2017 by Pivotal Law Group

The litigation of Domestic Violence Protection Orders are an important role that the Court plays. These are the most protective (non-criminal) orders that a person can obtain. These orders assists victims of domestic violence in breaking the cycle, and…

Federal EEOC Sues Employers over Pregnancy Discrimination

Posted Wednesday, September 13, 2017 by Pivotal Law Group

Three recent lawsuits show the federal Equal Employment Opportunity Commission (“EEOC”) is taking a hard look at suspected pregnancy discrimination. Since late August, the EEOC has sued three employers claiming they discriminated against pregnant…

Equifax announces customer information including Social Security Numbers have been stolen in a data breach

Posted Thursday, September 7, 2017 by Christopher L. Thayer

View CNN's article here: http://money.cnn.com/2017/09/07/technology/business/equifax-data-breach/index.html

Case law update: express easement vs. prescriptive easement

Posted Wednesday, September 6, 2017 by Christopher L. Thayer

In Schoenfelder, et al v. Larson (No. 48885-0-II), the Court of Appeals Division II recently addressed a situation involving several neighbors and a private roadway. A group of neighbors used a private road for access to their properties. Although the…

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…

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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