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The Pivotal Law Blog

What is ERISA and How Does It Affect Your Rights?

Posted Monday, January 8, 2018 by Pivotal Law Group

If you have health plan or similar insurance through your employer, you may encounter the term “ERISA” in the context of your benefits. The upshot is ERISA is a federal law that regulates most employer-provided benefit plans, like health insurance…

Marijuana Retail License Rules Clarified, Confirms LLC’s Owner’s Spouse’s Homicide Conviction Precludes Marijuana License

Posted Wednesday, December 27, 2017 by Pivotal Law Group

The Washington Supreme Court recently clarified the rules governing who may obtain a marijuana retail license. In Libby Haines-Marchel, et al. v. Washington State Liquor & Cannabis Board, the Supreme Court ruled that the Washington State Liquor and…

Macy’s department store may not avoid liability for injuries caused by faulty escalator

Posted Wednesday, December 20, 2017 by Christopher L. Thayer

In Knutson v. Macy’s West Stores, Inc., et al, (75565-0-1)(December 11, 2017), the Court of Appeals Division I overturned a trial court ruling relating to a patron injured while riding on an escalator at the Bellevue Square Mall. Natasha Knutson and her…

Washington Law Imposes Important Rules for Powers of Attorney

Posted Wednesday, December 13, 2017 by Pivotal Law Group

What is a power of attorney? For many folks, a power of attorney, i.e., a legal document designating another person to act on your behalf as your “agent,” is a critical part of an estate plan or other legal arrangement. While it might seem…

Seattle Legislation Update – City Council To Vote On New Short-Term Rental Rules

Posted Wednesday, December 6, 2017 by Pivotal Law Group

Owners and renters of properties used as short-term rentals (e.g., Airbnb) should be mindful of the Seattle city council’s imminent action on proposed new short-term rental rules. On Monday, December 11, 2017, the Seattle city council is expected to vote…

What Is A Speculative Builder And How Can Speculative Builders Pay Lower Real Estate Development Taxes?

Posted Wednesday, November 29, 2017 by Pivotal Law Group

Seattle is in a construction boom and many firms are engaged in large scale real estate construction projects. That often entails tax liability under Washington and Seattle sales tax and business and occupation (“B&O”) tax. But certain real estate…

Happy Thanksgiving from Pivotal Law Group!

Posted Wednesday, November 22, 2017 by Christopher L. Thayer

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What to Expect When You’re Expecting To Make An Insurance Claim – A Cheat Sheet

Posted Wednesday, November 15, 2017 by Pivotal Law Group

So you’ve had a loss – perhaps a tree fell on your house, your car was wrecked or you became injured or disabled – and it’s time to dust off that insurance policy to see if you’re covered. Maybe you already made a claim but your insurer denied it for…

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…

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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