Author Archive for David Brown – Page 20

Family Still Fighting for Justice After Horrific 2018 Car Crash

On the night of December 7, 2018, Donald J. and Wilma Smith were driving along Route 39 in Washington Township when they were struck head-on by a Cadillac SRX. The driver – Yellow Creek Township Trustee Glenn McKenzie – reportedly lost control of his vehicle, crossed over the center, and struck the Smiths in the other lane.

A teenager named Amber Lynn Korbel and a passenger were behind the Smiths in a Chevy Impala. When McKenzie struck the Smiths, Korbel consequently hit them from behind. Though Korbel and her passenger did not sustain any injuries, McKenzie and the Smiths had to be airlifted to the hospital.

Due to the damage and injuries, Wilma Smith and her husband’s estate filed a lawsuit against McKenzie, Korbel, and their insurance company Ohio Mutual Insurance Group.

McKenzie was accused of driving under the influence, making him the subject of a wrongful death claim. Also, John and Helen’s Tavern, the American Legion John Adams Post 442, and the Tangerine Lounge were also part of the lawsuit. They were hit with a liquor liability claim due to the belief that they irresponsibly served McKenzie alcohol that night.

Korbel was named in the suit as she was believed to be following too closely behind the Smiths. And the insurance company was named on an allegation that there was a breach of contract in regard to the amount of uninsured motorist coverage that the Smiths were supposed to have.

Though a new lawsuit was recently filed, McKenzie has already been judged and sentenced. At first, he admitted to being guilty of driving under the influence, as well as two counts each of vehicular assault and aggravated vehicular assault. His punishment was set to 45 months in prison and having his license stripped for the rest of his life.

Later, he appealed this sentence and the case went back to court. After some consideration, the court knocked nine months off of his prison time. The 411 days that he had already served counted toward his sentence, leaving him with less than two years to go. Additionally, they only suspended his license for a decade and ordered him to pay $208,890 in restitution to the victims.

It Isn’t Mad Fish Disease, But It’s Not Nice, Either

We all do it. We buy a package of salmon, never thinking how the fish was raised. The sad truth is that the salmon was raised inside a mesh cage sized like a city block instead of swimming free in the ocean. It’s called net-pen farming, and Washington is joining California, Oregon, and Alaska in putting an end to it.

What’s Wrong With Commercial Fish Farming?

Let’s begin with caging something: you’ll have a waste problem, disease will spread from penned salmon to wild fish, there are lethal sea lice infestations, as well as products to kill parasites and other pests getting into the water. The price of salmon world-wide has risen as the result of such environmental issues.

Add to this the fact that the water in which the salmon are raised is used by the public. The net pen farming companies such as Cooke Aquaculture, who harvest salmon in Puget Sound pen farms, do nothing to filter or treat the water for impurities before its use by humans.

Since the net pen farm spill upheaval in 2017, the Cooke company’s pen leases have been canceled. The company’s operations in other countries were also closely inspected. All were found to be not compliant with state and industry safety guidelines and shut down.

As Cooke switches from salmon to steelhead, the tribes along with the population of Washington state are worried. They wonder about the farming of fish and its consequences for the wild fish in the area. Their own health and wellness are naturally matters of concern as well.

What’s The Answer?

Advocates of building a better mousetrap suggest containment facilities on land. Wild fish won’t swim by and become tainted with sea lice. The snag to that idea is not enough fish could be raised to answer the needs of ten billion people world-wide.

Better pens in the oceans, complete with filtering systems, easier methods of protecting the salmon from pests and parasites, in addition to better methods of cleaning up the waste, have been suggested, too. Both scenarios are being considered as the deadline for establishment of better methods draws nearer.

As the world population grows, food production becomes the question: can we double or triple food production? Can we do it without harming the Earth or the people needing that food? Banning net pen farms was a good start.

A Lawsuit Against the Saudi Crown Prince Has Been Dismissed

Filing civil or criminal charges against a foreign leader in court is always hazardous, and that appears to be the case with Saudi Crown Prince Mohammed bin Salman. Following the execution-style murder of Jamal Khashoggi in Saudi Arabia, who was a journalist for the Washington Post at the time, there was a furious uproar in the direction of Saudi Arabia. He was killed at the Saudi consulate located in Istanbul, creating a suspicious backdrop that the killing was somehow politically motivated. Many people believed that the Saudi Crown Prince was responsible for trying to stifle free speech, including in the United States.

Unfortunately, political matters appear to have taken control of the situation. Right now, gas prices are going through the roof, many people are struggling to afford the price of gas, and OPEC appears to be moving closer to Russia and further from the West. The visit to Saudi Arabia by Joe Biden appears to be a failure, as OPEC recently announced they would slash oil production, despite the shortage of oil throughout most parts of the developed world.

Now, the lawsuit filed against the Saudi Crown Prince has been dismissed, coming shortly after the Biden Administration recommended that the Justice Department grant Mohammed bin Salman immunity. The administration is claiming that there is no precedent for filing charges, criminal or civil, against a foreign head of state, and that they are acting consistent with prior administrations; however, there are other people, particularly the director of DAWN, who believe that the people responsible for the murder of Jamal Khashoggi should be held accountable.

Because the Biden administration does not appear to want to pursue the case against the Saudi Crown Prince, the lawsuit was dismissed. There are some people who believe that the Saudi Crown Prince was promoted to his office in an effort to avoid potential liability for the events surrounding Jamal Khashoggi. The United States still has intelligence agents trying to uncover information related to the murder of Jamal Khashoggi, but for now, the dismissal appears to be an effort to strengthen relationships with Saudi Arabia, a country that has an exceptionally poor human rights record. It remains to be seen what impact this dismissal will have.

Top Things to Consider When Choosing the Best Divorce Attorney

Going through a divorce can be one of the most challenging things you ever have to face. Financial stress can be difficult enough, but the emotional and mental impact can take a heavy toll – sometimes leading to even physical health issues. Splitting assets and figuring out how to start over is rough, and it’s worse if you have children involved.

Considering everything you already have to deal with, it’s essential that you find a good divorce attorney to help lighten the load. The following are some of the most important things to look for when looking for your attorney.

Experience

It’s vital that you hire an attorney that knows how to handle your case. The best way to do this is to first look for someone who has experience in family law in general.

After narrowing down your options, dig in more deeply to determine who has experience with any specifics involved in your divorce, such as child custody or your particular financial assets. The more familiar they are with your type of situation, the better they’ll be able to manage it.

Good Client Reviews

Next, you’ll want to look into reviews from former and current clients. You can typically find these on their websites, but you can also check Google and even ask others who live in your area on community social media pages.

Open and Honest Communication

You need an attorney that will be open with you from the start. You don’t need any surprises coming from the person who is supposed to have your interests in mind. A consultation with an attorney should provide you with a good feel for them, as should any reviews you find.

Reasonable Price of Services

There are several things that can determine how much an attorney charges. For example, if you’re able to complete your divorce in family court, it will cost less than it will if you take it in front of a judge or a jury. The amount of prep it takes your lawyer will also play a role.

The attorney’s experience level can also impact their rates. Keep in mind, though, that you shouldn’t go to a less experienced attorney just to save money. You want your case handled properly. Instead, consider hiring an attorney that offers a reasonable set rate instead of working for an hourly one.

This is a sensitive time for you, so it’s important that you have representation that’s truly on your side. Take some time to research your options and set up consultations before making a final decision.

COVID-19 Vaccine Mandate Might Be Rescinded in New Annual Defense Bill

The annual defense bill is set to address some important military issues, including pay increases and an analysis of the Armed Forces’ suicide rate. There is also work to rescind the COVID-19 vaccine requirement for service members – a pretty hot topic.

When the mandate was first put in place, there was a mix of strong opinions on the subject. And though it was eventually accepted by most – grudgingly, by many – those strong opinions haven’t changed. In fact, they might be stronger than ever before now that the effects of such a decision have been seen.

Some people, including Defense Secretary Lloyd Austin, believe that making the COVID-19 vaccination mandatory for service members is no different than the many other vaccinations they are given. And as the vaccine kept troops healthy, there should be no reason for a change.

Others, such as Rep. Mike Rogers, believe that since the President said the pandemic is over, there should be no reason the vaccine is still mandatory. He feels, along with many others, as though the COVID-19 vaccine mandate hurt recruitment and retention in the armed forces. By rescinding it, the number of enlisted personnel will increase or at least allow the defense community to focus on other obstacles.

Of course, there are parties that feel the vaccine mandate was just a drop in the bucket that impacted enlistment. During the pandemic, recruiters were not able to go to schools and other events as they normally do to encourage young people to enlist.

Additionally, there are many high school teenagers and young adults that simply cannot meet the military’s requirements. This is typically due to their physical health, the presence of tattoos, criminal records, and more.

While the inability to recruit and a lack of suitable recruits might play a role in the challenges that the U.S. military faces, there are some factors pertaining to the vaccine that cannot be ignored. For example, over 8,000 service members got discharged from their respective branches because they refused the vaccine. And over 15,000 service men and women have asked for exemption due to their religion or other factors.

With so many active duty personnel either being discharged or asking for permission not to have to take the vaccine, it’s not a stretch that a large number of prospective recruits would decide not to join for the same reason. It’s numbers like these that have many representatives asking that the mandate be rescinded and eagerly awaiting Congress’s response.

Oregon Joins Washington by Filing Amicus Brief over Albertsons Shareholders’ Dividends

The proposed merger of the Albertsons and Kroger supermarket chains hit a rough patch in November when the state of Oregon filed an amicus brief supporting Washington state’s opposition to issuing $4 billion in dividends to Albertsons’ shareholders before the companies’ $20 billion merger.

The payout is regarded by some as a violation of antitrust laws put in place as safeguards to prevent smaller, independent grocery stores from getting edged out of business.

The Oregon Attorney General, Ellen Rosenblum, filed the amicus brief through the agency’s antitrust office to support the state of Washington’s position.

Albertsons is the parent company of Safeway, while QFC and Fred Meyer both come under the Kroger umbrella. Rosenblum expressed concern that four QFC, 51 Fred Meyer, and 121 Albertsons stores would be adversely affected if the merger proceeds. She urged delaying paying dividends.

Bob Ferguson, the Attorney General of Washington, stated that both grocery stores have a total of 330 locations in Washington alone, far outpacing their competitors.

According to The Seattle Times, Superior Court Commissioner Henry Judson issued a temporary ruling in King County blocking the payments to shareholders. That delay will allow the court to determine whether the proposed acquisition is lawful and ready to proceed.

Oregon’s Department of Justice cited in the brief that “competition and consumer welfare in Oregon as well as other jurisdictions” will be affected adversely by the dividend payout prior to the adjudication of the antitrust litigation.

The payments will be stayed during the pendency of the court’s proceedings regarding the antitrust allegations. Ferguson alleged that according to documents filed with the Securities and Exchange Commission (SEC), cash-strapped Albertsons has just over half of the amount to be paid out to shareholders. The company would need to turn to lenders to borrow the balance for shareholder dividends.

In their amicus brief, Oregon’s Department of Justice claims the pending merger of the supermarket giants could interfere with “the economic dynamism that competition promotes.”

Thus far, the state of Oregon’s intervention has solely been about dividend payments. But the content of the brief also clarifies that Rosenblum remains uneasy about the potential ramifications of the merger for the two Pacific Northwest neighbor states.

Changes to Washington State Long-Term-Care Law Could Come as the State Seeks Solvency

WA Cares is the existing and mandatory long-term-care program in the state of Washington. The meeting of the Long-Term Issues and Supports Trust Commission was a busy one where much was discussed. This included solvency predictions, numerous commission recommendations, and a new actuarial report. With that being said, let’s discuss the situation surrounding WA Cares as it exists right now.

What is the Plan for WA Cares?

First, the WA Cares program will be funded by money from workers of every income level. The state will do this in order to attempt to decrease its Medicaid budget and compensate family caregivers using taxpayer money. However, the impact of doing so might not be universally positive.

Some caregivers and Washington residents could benefit financially from this approach. Others might not fare so well. All workers will have at least 58 cents, if not more, of every $100 they earn diverted to funding WA Cares.

These workers could have used this money for other purposes or simply saved it for future needs. It is also possible that the safety net WA Cares will create could benefit more than just those in need. Despite this, it is difficult to accurately predict the future impact of this program.

Is WA Cares Solvent or Not?

As you might expect, this question doesn’t have a simple yes or no answer. Under some scenarios, the WA Cares fund could remain solvent until June of 2098 at the current tax rate of .58%. In other scenarios, the WA Cares fund will not remain solvent until this date. To put it as simply as possible, the solvency of WA Cares is a gray area, but overall, it seems unlikely that the program’s $36,500 lifetime benefit will be sufficient for the long-term care needs of Washington workers.

What Changes Could Be Made to WA Cares?

One change that could be made to the program is portability. In other words, if this change was made, Washington workers who are younger than 67 years old and who have paid in for at least a year could get the lifetime benefit. People who are over the retirement age would not have to continue paying into the program.

Another recommendation is to let people who opted out of WA Cares get their opt-out rescinded. Portability and the possible requirement for recertification are two reasons why some might opt out of WA Cares. Some of these changes are more likely than others, but it is important to keep them in mind regardless.

What is the Future for WA Cares?

The future of the WA Cares program is uncertain. The state of Washington might amend the law, even more, to try to improve the program. The commission will adopt a final recommendations report at its meeting on December 9th and the Legislature will consider these recommendations in the coming session. Stay tuned for future updates on the WA Cares situation and how it will impact Washington workers.

The Treatment of Mentally Ill People in Washington Prisons

Washington state, like many other states in the US, has a serious mental health crisis. Prisoners who should be given an assessment of their competency are instead left to languish in prison for months on end. There are a variety of reasons why this is the case, though the most notable ones are the fact that mental health facilities are woefully underfunded, as well as mismanagement by the Washington Department of Social and Health Services over several years.

Despite this problem has been going on for a long time in Washington’s prisons, it is not something that’s only just now been discovered. In fact, back in 2014, a lawsuit was filed – Trueblood v. DSHS – where it was argued that the long wait times violated the constitutionally guaranteed due process rights. This case lasted until 2018 when a settlement agreement was reached.

The agreement required that the state get anyone who may be deemed as legally incompetent to stand trial an evaluation within 14 days. If deemed unfit by this evaluation, they would be given restorative services meant to help them get the services they need within seven days after the assessment is complete. If they fail, fines will be imposed, which can come in the form of money put into mental health services and compensatory damages. Despite this settlement, approximately only half of those eligible get assessed on time.

These wait times can create two common outcomes: people don’t get their necessary due process, or judges dismiss the case. While not everyone who is in need of evaluation is dangerous, enough of them that it becomes an issue that some serious cases may go unprosecuted. As far as wait times go, some people have been waiting so long that they spent more time waiting than they would if they pleaded guilty and served their sentence.

The state argued that COVID caused them issues. However, the problem existed before 2020, which makes it impossible for that to be the main reason. Ultimately, it begs the question whether the state will eventually fix these issues, or if they will simply kick the can down the road and continue incurring fines. What’s unfortunate is the fact that mental health is so poorly understood by so many, and thus, those who suffer from mental illness struggle to get the help they need.

Washington Supreme Court Offers More Protection in Civil Court Against Racism

SEATTLE — The Washington Supreme Court has issued a unanimous opinion that a new trial is warranted in civil cases in which racial bias was present in court proceedings. The judges on the court found that there had been race-based misconduct that is not a harmless human error.

This opinion by the judges is the latest one they have issued with the goal of addressing racism and removing it from the state court system.

The case before the court involved personal injury that was sustained from a car crash. The court found that the trial court should have held a hearing in which allegations of racial bias and prejudice were raised by the defense in the case. It was ordered back to the King County Superior Court for a hearing on the allegations of racial bias and to get a new trial in the case.

The 33-page opinion from the justices found that the plaintiff in the personal injury case, who is black, and her Seattle-based attorney, who is also black, had to endure statements made by the defense that played into racist tropes and even suggested improprieties between Henderson and her black witnesses. The justices also found that Superior Court Judge Melinda Young had abused her own discretion by not punishing the defense when they withheld evidence from Henderson’s lawyers before the trial even took place.

The opinion of the judges also stresses that an evidentiary hearing about racial bias has to be held if the court is presented with evidence by an objective observer who is able to conclude there was a racial bias and that that was a factor in the verdict of a trial.

The case that is cited in the opinions of the justices was in court in 2019 for a jury trial in which the defense portrayed Henderson as very combative and confrontational. The justices found that this is a harmful stereotype of an angry black woman. The defense also suggested that there was some type of racial collusion between Henderson and her witnesses, three of whom happened to be black women who all use the same terminology when describing Henderson in their testimony as “life of the party.”

The Top Benefits of Working With a Personal Injury Lawyer Following a Car Accident

Even though you probably put safety at the top of your priority list every time you get behind the wheel of a car, a car accident can happen at any time. Not everyone drives as safely as you do, and even a minor accident can result in serious injuries. You may feel like you can handle everything on your own, but it is important for you to work with an experienced personal injury attorney. There are several benefits of having legal support in your corner.

First, there is a chance that the insurance company may not pay out your claim. If the accident was not your fault, then the insurance policy held by the other driver should cover your expenses and medical bills. What happens if the limits of the policy are not enough to cover all of your expenses? You should not be responsible for the remaining bills, and a lawyer can pursue compensation on your behalf.

Furthermore, there might be some debate regarding whose fault the accident was. You need a lawyer who has experience handling motor vehicle accidents. That way, you can make sure that your voice is heard, and you can ensure that blame is properly assigned following the collision. You should not be blamed for an accident that is not your fault.

Following a motor vehicle accident, you deserve to focus all of your attention on your medical recovery. You do not want to be saddled with paperwork, but there will probably be a lot of people reaching out to you. For example, there might be a collision center that wants to provide you with information regarding the status of your vehicle. Your insurance company, as well as the insurance company of the other driver, may have some paperwork they want you to fill out. This can make it difficult for you to figure out what to do next, and you need a lawyer who can handle all of this for you.

If you work with a personal injury lawyer, you can ensure your rights are adequately protected while also pursuing compensation to which you are entitled. You should always see a doctor following a car accident, but don’t forget to reach out to a personal injury attorney as well.