Posted Wednesday, March 29, 2017 by Pivotal Law Group
It was announced yesterday that a settlement has been reached between Puget Sound Energy (PSE) and the state's Utilities and Transportation Commission, in which PSE agrees to pay $1.5 million in penalties for the March 9, 2016 natural-gas explosion in…
Posted Friday, March 24, 2017 by Pivotal Law Group
In Armani v. Northwestern Mutual Life Ins. Co., 14-56866 (November 4, 2016), the Ninth Circuit joined other courts around the country in holding that a person who cannot sit for more than four hours in an eight-hour workday qualifies as “disabled” from…
Posted Wednesday, March 15, 2017 by Pivotal Law Group
I have previously written about the somewhat specialized area of Family Law called Non-Parental Custody (“NPC”) in which a non-parent (frequently grandparents) seek to gain custody of a child from the child’s parents. As noted in that article, it can be…
Posted Thursday, March 9, 2017 by Pivotal Law Group
In an effort to reduce distracted driving, the Washington State legislature is considering a law that would ban holding an electronic device like a cell phone while driving. Republican Sen. Ann Rivers, the sponsor of the bill, called it a good public…
Posted Wednesday, November 30, 2016 by Pivotal Law Group
When a person dies because of the wrongful conduct of another, Washington law allows the decedent’s personal representative to file what’s called a “wrongful death action.” Certain limitations exist on wrongful death actions. For instance, if after…
Posted Tuesday, November 22, 2016 by Pivotal Law Group
Thanksgiving is all about family, friends, food, and fun. To help keep it that way, the American College of Emergency Physicians (ACEP) has published recommendations for a safe holiday. Those recommendations address many common issues, including: Food…
Posted Monday, November 14, 2016 by Christopher L. Thayer
Hundreds of thousands of Seattle trees are on city property but are the responsibility of homeowners to maintain, including removal when necessary. This is the case when a tree is on a city-owned right-of-way abutting private property and the city did…
Posted Thursday, November 10, 2016 by Christopher L. Thayer
According to recent surveys, Seattle has over 2,100 miles of sidewalks and public pathways in the city. That covers about 75% of the blocks in Seattle. At one point or another, we have all noticed cracks or broken concrete in sidewalks, whether due tree…
Posted Thursday, November 3, 2016 by Pivotal Law Group
Recently, the Washington State Court of Appeals decided two cases related to home foreclosures. In both, the Court upheld the lender’s right to foreclose in the face of challenges based upon Statute of Limitations – the argument that the legal time limit…
Posted Wednesday, October 26, 2016 by Christopher L. Thayer
Every year, more crash avoidance features make their way into new vehicles. For instance, thirty years ago, the Reagan administration required new cars starting with 1986 models to have high-mounted “third brake lights,” intended to reduce the number of…
Posted Friday, October 21, 2016 by Christopher L. Thayer
In Pendergrast v. Matichuk, the Washington Supreme Court revisited the Timber Trespass statute (which awards damages against a person who wrongfully cuts down a tree on another’s land. In 2006, Leslie Pendergrast and Robert Matichuk bought adjacent lots…
Posted Thursday, October 13, 2016 by Pivotal Law Group
Last Sunday, just one day before the jury was set to convene in the Oso landslide lawsuit, the plaintiffs settled with Washington state for $50 million. The settlement includes almost $395,000 in attorney’s fees and costs for various sanction motions…
Posted Wednesday, October 5, 2016 by Pivotal Law Group
King County Superior Court Judge Roger Rogoff announced yesterday he would sanction the state over the deletion of emails that should have been preserved during litigation over the 2014 Oso landslide. Rogoff did not set a dollar figure on the amount of…
Posted Wednesday, September 28, 2016 by Pivotal Law Group
In this age of the internet, many of our “assets” are now digital. This is why in June, Washington State passed the Digital Assets Act, which gives a deceased person’s fiduciary the legal authority to manage their “digital assets.” We addressed this Act…
Posted Wednesday, September 21, 2016 by Pivotal Law Group
When a person mortgages a property and then fails to make the required mortgage payments, the lender may not take possession of the property until it has gone through foreclosure. This is the rule by Washington statute, specifically RCW 7.28.230(1). This…
Posted Wednesday, September 14, 2016 by Christopher L. Thayer
and Pivotal Law Group
The first known fatal crash of a Tesla vehicle while under the control of “autopilot” has sparked controversy and federal investigators. 40 year old Joshua Brown, a Tesla enthusiast, was the victim of the autopilot crash when his 2015 Tesla Model S…
Posted Wednesday, September 7, 2016 by Pivotal Law Group
Australia's Transport Accident Commission has teamed up with Melbourne artist Patricia Piccinini to create "Graham" -- a life-size sculpture that was designed specifically to survive car crashes. The sculpture is part of a road safety campaign…
Posted Wednesday, August 31, 2016 by Pivotal Law Group
The popular business rating website Yelp.com recently took a stand against the California Court of Appeals. Yelp is known for publishing public reviews about local businesses. In a defamation case by attorney Dawn Hassell, Yelp was ordered to take down…
Posted Wednesday, August 24, 2016 by Pivotal Law Group
Municipalities have a duty to maintain their roadways in a reasonably safe condition for ordinary travel. In a recent decision, the Washington State Supreme Court held this duty extends beyond the roadways themselves to the surrounding areas. In June…
Posted Wednesday, August 17, 2016 by Christopher L. Thayer
Division II of the Court of Appeals in O’Neill v. City of Port Orchard, ruled the city had an obligation to ensure its roadways were maintained to be “reasonably safe” for bicyclists. In O’Neill, plaintiff, an avid cyclist, was riding her bike in Port…