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Archive for News – Page 17

Hunting Advocacy Group Files Lawsuit Targeting Wildlife Commissions, Alleging a Violation of the Rules

Posted by David Brown 
· May 4, 2023 

There have been clashes between hunters and wildlife groups over the past few years, and now, it appears that a group that advocates for hunters is trying to kick a wildlife commissioner off the board in the state of Washington. A lawsuit has been filed by the Sportsmen’s Alliance Foundation. The lawsuit alleges that Lorna Smith, who is the Washington Department of Fish and Wildlife Commissioner, is actually serving in two public roles. The group states that this is a flagrant violation of rules in the state of Washington. The group is claiming that Smith is also serving as a part of the Jefferson County Planning Commission while serving as the Governor of the wildlife commission stated above.

The group states that Smith has an extremist view when it comes to fish and wildlife management, and they say that this view runs counterintuitive to the model of Wildlife Conservation in the country. For example, the group claims that Smith was the main force behind the cancellation of a black bear hunt that was supposed to take place in the spring. The continues to state that Smith’s initiatives have been destabilizing traditional approaches to wildlife management.

On the other hand, the group appears to overlook the fact that another wildlife commissioner, Molly Linville, also serves on two boards. She is a member of a county planning board and is a member of a school board in a rural area. She claims that it is not a conflict of interest, but it could still be construed as a violation of the rules in the jurisdiction.

It remains to be seen how this lawsuit is going to play out, and it appears to be a question of whether the rules have to be adhered to in accordance with the letter of the law or the spirit of the law instead. The group has labeled the government a cabal, but their true interests will be borne out as the case proceeds before the court. The group added that this is only the first of many actions that they plan to take in an effort to protect their rights and what they perceive as traditional wildlife management.

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Baby Formula Foodborne Ilness Outbreak Leads to DOJ Investigation

Posted by David Brown 
· May 2, 2023 

The U.S. Food and Drug Administration (a.k.a. FDA) has recently issued a Call-to-Action regarding a Cronobacter outbreak from contaminated powdered baby formula. This official government notice was aimed at baby formula distributors, importers/exporters, and retailers. It was designed to create a unified effort to prevent future outbreaks of Cronobacter, which is a naturally occurring germ with the potential to cause distress, sickness, and even death for some infants if ingested.

The Food and Drug Administration has provided baby formula companies with various steps/suggestions to help prevent future Cronobacter illness outbreaks. For example, recommendations include ways to environmentally control water in dry production areas – making it difficult for pathogens to invade sanitary and hygienic manufacturing conditions and environments.

The Backstory

The Food and Drug Administration’s newly revised strategies directly resulted from reported infant illnesses that occurred at the end of 2021 and into the beginning of 2022. At that time, the Food and Drug Administration’s investigative efforts determined that the infant illnesses were sourced from an Abbott Lab manufacturing facility in Sturgis, MI.

Abbott Laboratories, the largest supplier in the U.S. of baby formula, was required to recall several of the company’s popular infant formulas. And the company’s Sturgis facility was temporarily shut down in 2022 after it was discovered that the facility had failed to comply with sanitary protocols and conditions.

Side Effects of the Infant Formula Recall/Plant Shut-down.

As one would expect (and the FDA acknowledges in its Call-to-Action), reducing the production of a popular infant formula eventually led to a nationwide shortage of infant formula in 2022. The FDA also admitted its own shortcomings in response to the entire situation.

Recently, it was disclosed that at the end of 2022, the Western District of Michigan of the U.S. Attorney’s Office had begun a criminal investigation into Abbott’s infant formula manufacturing processes.

The Takeaway

The Food and Drug Administration reminds manufacturers and distributors of powdered infant formula that they continue to face more than Cronobacter risks. They must also identify and control other reasonably foreseeable biological hazards, like Salmonella and Clostridium botulinum.

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Seattle City Attorney Ann Davidson Sued Hyundai and Kia

Posted by David Brown 
· April 27, 2023 

Seattle City Attorney Ann Davidson filed a lawsuit against Hyundai and Kia. In this lawsuit, Davidson alleged that Hyundai’s and Kia’s failed to install anti-theft technology in some of their vehicles. Davidson’s allegation goes on to assert that the failures of these two car manufacturers to do so was a contributing factor in a very significant increase in the number of car thefts. A release from the city of Seattle states that car thefts involving Hyundai and Kia cars increased by a total of 503% for Hyundai cars and 363% for Kia cars.

Davidson’s lawsuit makes the allegation that both Hyundai and Kia were aware of public safety risks resulting from increased theft of their vehicles and that neither Hyundai nor Kia took meaningful action to address this issue. According to an insurance group statement in September, these Kia and Hyundai cars are stolen almost twice as often as most other cars because their keys do not have computer chips used in theft ‘immobilizer’ systems. Instructional videos shared on social media spread this information to more people. Simply put, the lack of these computer chips makes it much easier to steal these Hyundai and Kia cars.

Data from the Highway Loss Data Institute shows that the theft rate for Kia and Hyundai vehicles without immobilizers was 2.18 per 1,000 insured vehicle years. The theft rate for the remainder of the auto industry was 1.21. An insured vehicle year means one vehicle that is insured for one year. The Institute analyzed 2021 vehicle theft claims and shared its findings on January 21st, 2022.

Two drivers, Mike Engelhart and Phaedra Harmon, say that their vehicles were stolen using the vulnerability that these Kia and Hyundai vehicles have due to a lack of a computer chip for a theft immobilizer system. “…They smashed my screen, they carved in the back of my seat, they took a knife to the roof of my car…,” Harmon said. Engelhart also said that he discovered that the issue was quite common when he reported the vehicle theft. Kia and Hyundai both shared statements in response to the lawsuit filed on January 25th, 2022. These vulnerabilities are something to consider when purchasing vehicles from either Hyundai or Kia.

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Meta Is the Latest Company To Cut Its Workforce

Posted by David Brown 
· April 25, 2023 

With a tremendous amount of uncertainty in the economy, many companies, particularly those in the tech sector, have been trying to reduce their overhead expenses. Now, it appears that Meta, the company that most people know as Facebook, is joining this group. Recently, Meta announced that it was undergoing a restructuring, and it was cutting 10,000 jobs in the process. In addition, the company announced that 5,000 vacancies that had not yet been filled would remain unfilled. This follows a round of cuts that took place in November, where the company laid off approximately 11,000 people. In total, it is believed that these layoffs represent somewhere between 15 and 25 percent of the company.

In filings with the SEC, the company announced that it had lowered its expenses from approximately $92 billion to approximately $86 billion. Shares of the company’s stock rose more than five percent in response to the news. Zuckerberg said that this further proves that the company is dedicated to making 2023 a year of efficiency. The goal is to make the organization stronger and more nimble, even while cutting jobs.

The organization is also finding other ways to cut its resource use to remain more nimble. For example, he announced that the company would be evaluating many of its projects to see which ones aren’t performing in an effort to further cut expenses.

This is not the only company in the sector cutting jobs. Some of the other companies that are cutting their employees include Amazon, Dell, Zoom, and Google. Many other companies have already slashed their workforces in an effort to reduce their overhead expenses.

There are many reasons why these companies are scaling back their workforces, and many of these have to do with advising interest rates. These companies are going to have a difficult time borrowing money to fund new projects, particularly with interest rates as high as they are. In addition, as consumers change their spending habits in response to higher interest rates, these companies may be anticipating reduced sales, so they are trying to reduce their overhead expenses as well by cutting the amount of money they spend on jobs. It will be interesting to see what happens next.

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6 Reasons Why You Need a Family Law Attorney In 2023

Posted by David Brown 
· April 20, 2023 

When it comes to matters of family law, it’s important to have the guidance and representation of an experienced attorney. With the ever-changing legal landscape, it’s more important than ever to have an attorney who is up-to-date on the latest laws and regulations. In this article, we’ll cover six reasons why you need to invest as soon as possible.

Divorce

An attorney can help navigate the legal process of a divorce and ensure that your rights and interests are protected throughout the proceedings. With the possibility of virtual hearings and mediations, it’s important to have an attorney who is well-versed in navigating these new processes.

Child custody and support

Determining child custody arrangements and negotiating child support agreements are tricky due to several inherent nuances in place. A seasoned attorney can help advocate for your rights as a parent and make sure that the best interests of the child are taken into account.

Property division

In a divorce, it’s important to divide property and assets fairly. A family law attorney can help ensure that your property and assets are divided equitably and that you receive your fair share. Protecting your financial future will be key to safeguarding your mental well-being during this often taxing time.

Adoption

Family law attorneys can help guide couples through the legal process of adopting a child and make sure that everything is done correctly. With ever-changing laws and regulations, it’s important to have an attorney who is well-versed in the latest adoption laws and procedures.

Paternity

With advancements in DNA testing, it’s important to have an attorney who is knowledgeable in this area and can ensure that your rights are protected. This is increasingly more important in the areas of child custody and support, where paternity tests are often a deciding factor of the results in many cases.

Domestic violence

If you are a victim of domestic violence, a family law attorney can help you obtain a restraining order and take other legal steps to protect yourself and your children. It is important to have an attorney who can help you navigate the legal system and ensure your safety.

Family law matters can be emotionally charged and complex, which is why it’s crucial to someone experienced on your end. A family will help you figure out your rights and options while advocating for your best interests throughout the legal process. The legal landscape is constantly changing. That means it’s more important than ever to have an attorney who is up-to-date on the latest nuances within the different rules and regulations.

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Washington Lawmakers’ Hard Work Over the Last Legislative Session

Posted by David Brown 
· April 18, 2023 

Lawmakers in Washington are back to working on the legislation that didn’t make it in time for a key cutoff deadline. They’re working in committees and many of the bills that didn’t receive a floor vote aren’t going to be included in this session.

House Speaker Laurie Jinkins (Democrat out of Tacoma) stated that she’s satisfied with the floor action that went on over the last week and a half. Numerous bills passed and many of these had bipartisan support. Some of the bills seeing progress include those that increase supply of housing and support workforce development, especially when it comes to nurses. Jinkins said that she asked her caucus at the start of the session to focus on recognizing common ground. Though this went relatively well, there were some policy losses and wins between the parties on topics such as abortion, public safety, and the environment.

A Split on Public Safety Bills

Lawmakers couldn’t agree when it came to new regulations on gun sales. One bill in particular did advance, which restricts use and sale of semi automatic rifles and other high-capacity firearms. Another bill that makes it mandatory to get safety training and puts into place a 10-day gun sale waiting period also moved forward.

The Senate did approve a bill which makes gun sellers and manufacturers legally liable in the instance that the weapons they make available are used for illegal purposes.

One bill that somewhat eases parameters for police pursuits (including when they are able to chase vehicles) was approved on the last day before the cutoff for the session. This only serves to keep the debate going on this matter. Republicans are in favor of taking the bill farther and hoping that it will be changed more upon going through the House.

Additional Bills Advancing

There are some other bills that are moving forward currently. One of them (Senate Bill 5536) is to enhance drug possession penalties and build upon state infrastructure for stronger addiction treatment. The bill for the use of psilocybin from “magic mushrooms” has passed with important changes from the initial version.

This session is considered to be a crucial one with housing. House Republican Leader J.T. Wilcox (Republican for Yelm) claims that this is a solid year for housing and that both parties have been committed to putting forth bills to build livable space. No rent control bills passed before the deadline, but debates on these housing matters will continue in future years.

Other bills in this legislative session and ongoing bills include ones for more environmental protections, healthcare including for gender-affirming care and abortion, state special education oversight and funding, and how the state handles domestic violence.

Follow further news on legislative sessions to find out what bills are being proposes and which will continue to advance.

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Federal Lawsuit Filed Against Norfolk Southern by the State of Ohio

Posted by David Brown 
· April 13, 2023 

The train disaster in East Palestine, Ohio has been devastating for the small town, and the vast majority of people are adamant that Norfolk Southern, the train company responsible for the train, should bear total responsibility for all the consequences following the accident. While there has been a tremendous amount of rhetoric in the media, it appears that legal action is now taking place. The Ohio Attorney General, Dave Yost, announced that he had filed a federal lawsuit against the company, stating that the state should not have to bear any of the financial responsibility for the glaring negligence of the train company.

More than a month ago, a Norfolk Southern train was carrying hazardous chemicals, including butyl acrylic and vinyl chloride, when it derailed in the small town. The cars immediately caught fire, residents were exposed to a variety of toxic fumes, and a significant portion of the town was forced to evacuate.

The train crash turned into an environmental disaster, spilling toxins into the surrounding environment, and causing incalculable environmental harm in the process. As of now, Ohio is seeking at least $75,000 in damages, but that amount is likely to climb much higher.

While accidents happen from time to time, they are absolutely tragic when they are preventable. There are numerous regulations in the transportation industry that train companies have to follow, but many of these regulations have been scaled back due to aggressive lobbying and an effort on the part of training companies to cut their overhead expenses. It remains to be seen whether Norfolk Southern overlooked the train regulations that still remain, but the reality is that the town, and its residents, have suffered tremendously as a result of the accident.

In public, Norfolk Southern has stated that they are prioritizing the cleanup process and that their goal is to rectify the situation. At the same time, the company is already facing a tremendous amount of pressure from the Transportation Secretary and the Environmental Protection Agency, as both organizations have said that they are taking control of the cleanup process and that they will hold the train company accountable. In the meantime, the residents continue to fear for their safety.

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Everything You Should Know about Washington Family Law

Posted by David Brown 
· April 11, 2023 

What Are the Requirements for Marriage in Washington?

In the state of Washington, family laws prohibit some people from marrying each other for legal and health reasons. These family laws do not provide any protection for these marriages. Some of these prohibited kinds of marriage may be illegal, like a marriage between a minor and an adult.

The requirements for marriage in the state of Washington are as follows:

  • No current marriage to a third party
  • At least 18 years old or older
  • No familial relation to each other that is closer than second cousins

How Does One Obtain a Marriage License in Washington?

The license represents legal recognition of one’s marriage. This legal recognition helps one qualify for tax breaks and family insurance. The couple has to either go to a county auditor’s office in person or request a marriage application by mail from a county auditor in Washington.

This is the case even for couples who are not Washington state residents. One can apply for a marriage license in any county in the state of Washington. The couple has to wait for three days after they get their marriage license before they get married. After this waiting period has ended, the marriage license is valid for a total of 60 days.

What Are the Divorce Requirements in Washington?

Washington does not require any sort of fault grounds for a divorce. This is different from many other states. If one person in the married couple is a Washington resident or both people are Washington residents, they may file for divorce 90 days after petitioning to do so.

However, they can only file for divorce if the court agrees with the assertion that the marriage is irreparably broken. Additionally, both people in the couple have to agree that this is the case, as well. If the court does not agree with this evaluation, they might order the couple to undergo marriage counseling or send the case to family court.

How Is Community Property Distributed in Washington?

Washington is a community property state, meaning that all debts incurred, income received, and property bought during a marriage is shared. As a result of Washington being this kind of state, it means that all this is distributed equally between the two people in the marriage. The court makes the ultimate decision about dividing property and considers four factors when doing so:

  • The length of the marriage
  • The amount of separate property and the portion of that property each spouse owns
  • The amount of shared property and the portion of that property each spouse owns
  • The economic situation of each spouse and how desirable it is to award living rights or the family home to the spouse who has primary custody of the couple’s children

Inheritances and gifts one spouse got during the marriage and separate property owned prior to the marriage belong to the category of separate property. In the event that the other spouse had an ownership claim to any kind of separate property, the court will consider it for distribution.

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Involved in an Auto Accident Injury, Don’ Go it Alone.

Posted by David Brown 
· April 6, 2023 

Hiring a personal injury attorney as your legal representative after you have been involved or injured in a car accident is among the most important decisions regarding that event.

The Benefits of Legal Representation

Even if you are fortunate enough to avoid sustaining any serious or long-lasting injuries, a personal injury attorney has the education, skill, and experience to level the legal playing field – especially when your opposing party is a larger insurer with a team of lawyers.

As your voice, advocate, and legal representative, your lawyer can –

  • Assess/recreate the scene to determine the details/cause of the auto accident.
  • Gather the appropriate documentation in support of your claim – this may include medical records, eyewitness statements, police reports, and more.
  • Guide and advise you on how to best navigate the state’s shared-fault rules, which may impact your lawsuit’s outcome.
  • Respond to the opposing party’s counsel’s correspondence and legal motions.
  • Utilize the law to your benefit.
  • Determine your available timeframe, which is defined by the relevant Statute of Limitations (time restrictions for filing a lawsuit). There are, however, certain situations that fall outside this legal time limit as a defined exception. An example of an exception is when the plaintiff is a minor.

And while these types of lawsuits rarely require a final courtroom showdown, just the filing of a legal action by a qualified auto accident attorney can play a valuable role in prepping the case or negotiating for a fair settlement or, if necessary, bringing the case to trial to advocate on your behalf and the facts.

An Auto Accident Attorney Helps Guide You to Your Best Possible Outcome

An auto accident or personal injury lawsuit can become complex, overwhelming, and time-consuming – which, even if you have the ability to manage this legal process, is the last thing you have the time and patience for after you have been involved in a car crash.

Choosing to allow an experienced attorney to handle this type of matter helps reduce the burden and stress a legal matter often creates. And, with less worry, you can focus your energy on recovering from any injuries sustained in the accident.

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Supreme Court Ruled Constitution Protects the Right to Carry a Gun Outside Of Your Home

Posted by David Brown 
· April 4, 2023 

On June 23, 2022, the Supreme Court struck down a gun law in the state of New York that restricted practicing concealed carry of a firearm outside of the home. This Supreme Court ruling was the most significant gun rights expansion in an entire decade. The opinion of the Supreme Court on this issue altered the framework lower courts use when examining other gun restrictions.

Critics say this Supreme Court ruling will get in the way of sensible solutions to gun violence. Five states had or have similar regulations. These five states include some very densely populated cities.

According to data from the Giffords Law Center to Prevent Gun Violence, 25 states let people carry concealed weapons in public spaces without background checks, permits, or safety training. President Biden stated that he was ‘”deeply disappointed'” with the Supreme Court’s decision.

Critics Brought Up Recent Mass Shootings

Justice Stephen Breyer wrote that the ruling by the Supreme Court “severely burdens States’ efforts” to decrease gun violence in a dissent that he joined alongside the other liberal justices on the Supreme Court. The conservative justices responded that one of the recent mass shootings took place in Buffalo, New York. Additionally, the conservative justices stated that the concerns about the restrictions the law placed on bringing firearms into sensitive places were unwarranted. As is typically the case, the reaction to this Supreme Court ruling was divided based on political viewpoints.

What Was the Reaction to this Supreme Court Ruling?

Gun rights groups interpreted the ruling as a victory for Second Amendment rights and the rights of individuals to protect themselves. On the other hand, gun safety advocates made the argument that the ruling will lead to an increase in gun violence. The Governor of New York, Kathy Hochul, said that the ruling was a setback for the country and for the country’s ability to protect its citizenry. Governor Hochul also said that the Supreme Court’s ruling was “shocking”.

The National Rifle Association, commonly called the NRA, said that the ruling was a “watershed win”. The Executive Vice President of the NRA, Wayne LaPierre, added to this sentiment. “The right to self-defense…should not end at your home,” LaPierre said. As always, gun rights issues remain a controversial and divisive topic in modern American society.

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