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Archive for News – Page 32

Judge Dismisses Lawsuit Filed Against the State of Washington’s Long Term Cares Act

Posted by David Brown 
· May 5, 2022 

A lawsuit was recently filed challenging the Long Term Cares Act in the state of Washington. That lawsuit was recently dismissed by a federal judge. The lawsuit sought to have the Long Term Cares Act governed by the same rules and regulations as ERISA, but the judge disagreed. In dismissing the lawsuit, the judge ruled that the Long Term Cares Act is not maintained by the employer and it is not an employee benefit plan. Therefore, the judge reasoned, the Long Term Cares Act is not subject to the same rules and regulations set up by ERISA. In addition, the court system indicated that the premiums collected by the Long Term Cares Act fall under the category of a state tax. As a result, they fall under the jurisdictions of the state courts, and not the federal courts.

The Long Term Cares Act in Washington, which was passed in 2019, was due to start collecting taxes in the form of payroll collections from employees in Washington to help cover the long-term care expenses of those who live in the state. In 2021, the governor of Washington, Jay Inslee, announced that the state would pause the collection of such taxes until the program had been reviewed by lawmakers to make sure the act was clear about how it would collect the money and how it would use it.

A class-action lawsuit was filed against the Long Term Cares Act, and it was reviewed by Judge Zilly of the US District Court. Ultimately, the case was dismissed because the judge felt the court system did not have jurisdiction. The Long Term Cares Act is not governed by ERISA, and the premiums are a tax, which means that the case does not fall under the jurisdiction of the federal court.

The plaintiffs held that the state acted as an employer when passing the Long Term Cares Act. If that were true, then the plan should be governed by ERISA. The plaintiffs also reasoned that, because the Long Term Cares Act assesses premiums on everyone and not just state employees, the state is acting as an employer in this situation. The judge dismissed this notion, but the case could be refiled with the state court system.

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The Top Signs You Need To Hire a Workplace Injury Attorney

Posted by David Brown 
· May 3, 2022 

When you go to work in the morning, you probably do not expect to suffer a serious injury. On the other hand, an accident can happen at any time, and you need to see a doctor as quickly as possible following the injury. The sooner it is diagnosed, the faster it can be properly treated. Then, you need to reach out to a workplace injury attorney who can review your case. There are a few signs that indicate that you need to work with a personal injury lawyer.

First, if your injuries are severe, you should always have your case reviewed by a workplace injury attorney. While you might have medical insurance through your work that will cover some of your expenses, you will probably still be responsible for a lot of out-of-pocket bills. This could include coinsurance, copays, and deductibles. If the injury was not your fault, you should not be responsible for these bills. A workplace injury attorney can review your case and see if someone else should be held responsible.

Next, if you are having a hard time getting your worker’s compensation benefits, a workplace injury attorney can assist you. Even though you suffered the injury at work, and you were acting in the scope of your employment, workers’ comp might do everything in their power to deny you your benefits. Sometimes, it takes a workplace injury lawyer to help you navigate the waters and get the compensation you deserve.

Finally, if your employer is not cooperating with you, this is a sign that you should be working with a workplace injury attorney. Your employer might not be cooperating with you because they know they are at fault or because they do not want to give you the compensation you deserve. You need to have your rights protected, and a workplace injury lawyer will always be in your corner. He or she can advocate for your best interests.

These are just a few of the many signs that you need to work with a workplace injury attorney. It can be devastating to suffer a serious injury at work, but remember that a personal injury lawyer can help you defend your rights.

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The Statute of Limitations on Personal Injury Cases

Posted by David Brown 
· April 28, 2022 

If you have suffered a serious injury either in a motor vehicle accident or at work, it is important to reach out to a doctor as quickly as possible. Then, do not forget to get a case consultation from a personal injury attorney. The statute of limitations might be ticking on your case, and you need to have your case reviewed and filed before the statute of limitations expires.

The statute of limitations is the time limit you have to file your case. Sometimes, the statute of limitations starts ticking from the original incident. In other cases, the statute of limitations starts from the time of discovery. The statute of limitations of personal injury cases can vary from state to state. It usually ranges between two and six years, but you need to hire a personal injury attorney who can help you navigate the legal waters and get your case filed on time.

If you do not file your case before the statute of limitations is up, then you should expect it to be dismissed. No matter how strong your case might be, and no matter how overwhelming the evidence, you probably will not have your case heard if you file it after the statute of limitations has expired.

On the other hand, there are a few exceptions. For example, if the case involves a minor, then the statute of limitations might start ticking from the time the minor child turns 18. This could open the door to another case. Or, the statute of limitations could involve discovery. For example, if you suffered a serious injury or illness due to asbestos exposure, but the asbestos was not discovered until years down the road, then the statute of limitations might start from when the asbestos was found, not from when you first fell ill.

Because there are a lot of nuances involving personal injury law, it is important to work with a lawyer who can help you put your case in the best position possible to be successful. While it can be frustrating to suffer a serious injury or illness, remember that you do not have to go through this alone. A personal injury attorney can fight for your rights.

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The Top Reasons Why Personal Injury Cases Usually Result In Favorable Verdicts

Posted by David Brown 
· April 26, 2022 

An accident can happen at any time, and it is important for everyone to make sure they hire a personal injury attorney who can fight for their rights and represent their best interests. There are a few reasons why personal injury cases tend to win in court, and a personal injury lawyer can help someone put their case in the best position possible to be successful.

One common reason why personal injury cases tend to result in favorable verdicts is that the injury was not the fault of the plaintiff. For example, someone may have slipped and fallen on a wet floor that was not properly marked. Or, they were hit by a car while crossing the street even though they were in the crosswalk and had looked both ways. If the injury is not the fault of the plaintiff, and they can show that it was not their fault, their case might succeed.

The next reason why personal injury cases tend to succeed is that the plaintiff is able to show who is responsible for their injuries. Even if the plaintiff is not at fault, they need to properly identify the defendant. For example, they might be able to identify who was driving the car that struck them. Or, they might be able to show who was supposed to clean up that wet floor and prevent someone from slipping.

Finally, the plaintiff might have a successful personal injury case if he or she can show that the defendant knew about the danger. If the plaintiff is hit by a falling object, they might be able to show that the defendant knew about the dangers of the falling object and did not do anything to repair the issue. Or, they might be able to show that the defendant knew about the wet floor and did not act in a timely manner or mark the area with a hazard sign.

Ultimately, every personal injury case is different, which is why it is important for people who have suffered a serious injury to work with a personal injury lawyer. Always seek the care of a doctor first. Then, reach out to an attorney who can review the case.

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Preventing DUI’s

Posted by David Brown 
· April 21, 2022 

CAUGHT OFF GUARD
Perhaps everyone is a little concerned about drinking too much before getting behind the wheel and being pulled over by the police. So many people arrested for drunk driving are shocked to find that their blood level concentration (BAC) has risen above the legal limit – having felt absolutely unphased when they’d begun driving. If you find yourself caught off guard with a high BAC, contact a multi-vehicle lawyer for answers and assistance.

MAKING SURE YOUR BELOW .08
Alcohol debilitation has more to do with reaction time, which is delayed by a mere 120 milliseconds; and since in that amount of time, a car could travel an additional 12 feet before the driver would recognize the need to maneuver. In some states, ignition interlock devices are mandatory for all drunk drivers and even for their first offense. An ignition interlock device, or breath alcohol ignition interlock device, blocks the signal between the ignition and the starter of a vehicle if the breath surpasses the programmed amount. These devices can also be purchased commercially as a preventative measure. The BANVIE Keyless Entry System, for example, is a popular ignition interlock device that will stop the car entirely when triggered by a drunk driver. Other legal consequences of drunk driving include accident expenses, driver’s license suspension, expensive lawsuits, fines, and jail time.

CAUGHT BY A DRUNK DRIVER
After filing a car accident or personal injury claim, victims may be wondering how to proceed. If the blood alcohol evaluation reveals that the drunk driver was indeed over the legal limit,  in most cases it will automatically be considered a no-doubt liability. However, despite this precedent, it is important to collect as much supporting evidence as possible including photographs, recorded on-scene details, police report, and personal medical records. Next, you should contact a car accident lawyer who can properly accomplish this critical task and build the case for you.

MOTOR VEHICLE ACCIDENT ATTORNEY
One guarantee of all drunk driving accidents is that there will be stressful consequences on both sides. If such an event occurs contact a law office right away to consult with an attorney.

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Lawsuit Filed Against Billionaire Elon Musk for Twitter Stock Purchases

Posted by David Brown 
· April 19, 2022 

A lawsuit has been filed against billionaire Elon Musk in a New York federal court accusing Musk of violating a regulatory deadline in which he would reveal he had accumulated a stake of at least five percent in the social media company Twitter.

The complaint, filed by an investor in Twitter named Marc Bain Rasella, alleges that Musk did not expose his position in Twitter until he increased his stake to nine percent in the company. By doing this, it is alleged that Musk negatively affected investors who do not have as much money as he does and sold shares that they had in Twitter about two weeks before Musk acknowledged that he was holding a major stake in the San Francisco-based company. Musk’s regulatory filings reveal that he purchased a little over 620,000 shares at a price of $36.83 each on January 31st and bought more shares every single day after that through April 1. At the time of the filing of the complaint, Musk was holding 73.1 million shares in Twitter, which represents a 9.1 percent stake in the company.

The complaint also states that as of March 14, Musk’s number of shares in Twitter had reached the five percent threshold that then required him to disclose his number of holdings publicly. This requirement falls under the United States security law and Musk should have made his purchase of the shares public by March 24 but did not make the required disclosure on time by waiting until April 4. When it was revealed that Musk had bought a large amount of stock in Twitter, the value of Twitter’s stock rose by 27 percent, valuing the stock at $50 per share, but by concealing the number of stocks he was purchasing, Musk was able to purchase his shares at $37.69 to $40.96.

Rasella seeks to have his lawsuit certified as a class-action lawsuit which will include Twitter shareholders who sold their shares in Twitter between March 24 and April 4.

It is estimated that Musk has a total wealth of about $265 billion. He spent $2.6 billion on Twitter stocks.

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Juul to pay $22.5 million to settle Washington vaping suit

Posted by David Brown 
· April 14, 2022 

Juul Labs, the largest e-cigarette manufacturer in Washington, will pay $22.5 million to Washington State. The settlement was announced Wednesday by Bob Ferguson, state attorney general.

Ferguson stated that the company bombarded social media with colorful advertisements shortly after the product was launched in 2015. This led to teens becoming addicted and a rise in vaping. Ferguson’s office reports that the percentage of high school seniors vaping in Washington increased from 13% in 2016 to close to 21% in 2018.

Juul Labs, who filed the consent decree in King County Superior Court said that they had committed no wrongdoing and that it was “another step” in their ongoing efforts to reset the company and address issues from the past.

Juul reached a $14.5 million settlement with Arizona state prosecutors, only months after it had agreed to pay $40 million in North Carolina. The company also promised not to market its products to minors in these states, just as it did in Washington. This was to increase enforcement for retailers who sell Juul’s products.

The company stated that it will continue to work with state and federal stakeholders to create a science-based, fully regulated marketplace for vapor products.

Juul must cease all advertising targeting youth under the Washington state settlement. It is also prohibited from marketing its products via social media such as Instagram and Facebook. Juul must monitor and report any social media content regarding JUUL products that are posted by underage users.

Juul’s website states that Juul had stopped advertising prior to Ferguson being sued in 2020. It also ended all sales of flavored products, except tobacco and menthol.

Ferguson claims that the secret shopper program is stronger than those offered in previous settlements. Juul must send secret shoppers to Washington-based Juul retailers at least 25 compliance inspections per month. This agreement will be in effect for at least two years. These checks must be done in all 39 counties of the state.

Ferguson’s office stated that secret shoppers must verify that the retailers comply with the requirements to verify an individual’s age and to ensure that the Juul purchase limit of one Juul device or 16 Juul pods per transaction is met.

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Court Rules Against Navy Seals Training in Washington Parks

Posted by David Brown 
· April 12, 2022 

The United States Armed Forces have trained in various areas of the United States for as long as they have been in existence. The Army Green Berets have trained in the ideal terrain provided by the Pacific Northwest Coast of Oregon and Washington for many years, but the Navy SEALs have been halted from pursuing their plans of using these state’s parks as their ninja training locations. The Navy planned to use about two dozen parks in the state for nighttime ninja training, but an activist group fought against this decision, and a judge finally sided with them.

The Navy has been training in some of the recreational areas for over 30 years, but activities were paused due to organized opposition to the renewal of their five-year contract that expired in 2020. The Navy SEAL training permission was rescinded by Judge James L. Dixon in the Superior Court of Thurston County. He ruled that state law does not give the parks and recreation commission the power to allow state parks to be used for military purposes. The Army Green Beret training continued in the state, just 70 miles away in Astoria, Oregon, with very little attention or outcry. Both Washington and Oregon provide valuable training grounds for special operations troops.

One main difference between the approach of these two branches of service seems to be that the Army coordinates with the property owners about the use of their land and facilities. Those opposed to the Navy’s use of state parks had concerns about SEALs making amphibious landings, carrying simulated weapons, and creepily lurking in the dark, which could cause upsetting commotions, and stop some people from using the parks. The SEALs are trained to be essentially ninja, and it is feared that this would have an adverse impact on recreation even if users never saw them at night.

Domestic political tensions were evoked in Judge Dixon’s ruling against the Navy citing several violent situations to help prove his point, from the insurrection of January 6, to the Russian war in Ukraine. He also stated that the parks commission had failed to think about the creep factor of allowing SEALs to infiltrate recreational areas, which would have a negative effect on patron enjoyment of the park.

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The Dangers Of Unsecured Loads And Road Debris

Posted by David Brown 
· April 7, 2022 

Unsecured loads and road debris lead to avoidable yet severe accidents. Road litter leads to about 25,000 accidents every year. Unfortunately, some of these accidents result in death. Debris will often end up on the road if it has not been loaded or secured properly. Apart from the risk of accidents, road debris also results in littering.

Imagine you are driving down the highway at 70 mph, and then you see a piece of metal flying off the back of a truck, hitting your windshield. Or, you could get hit by a driver swerving to avoid being hit by that scrap metal. If you get involved in an accident because the other driver did not secure their load properly, talk to an attorney. That is the easiest way to get compensation for the damage caused. The attorney will discuss with you what your legal rights are and help you take the proper legal steps to secure a fair settlement.

It Is Illegal To Not Secure Your Load

If you fasten your kids’ seatbelts to secure them yet they are in the car, why would you assume it is okay to not secure any load you are carrying on the bed of your truck? Not securing a load will earn you a fine. And if you cause any bodily injury or property damage, you will be held liable and have to compensate the harmed party.

Unsecured Loads Lead To Fatalities

There have been many reports of people dying because a loose object that has fallen from a moving car and hit their vehicle. That is how dangerous unsecured loads are. The impact of a heavy object plus the speed of an incoming car can result in serious injuries or, even worse, death.

Securing Your Load

Here are some helpful tips to keep in mind when transporting heavy equipment:

  • Ensure that all items are directly tied to the vehicle
  • Do not overload your vehicle
  • Ensure that the entire load has been properly secured with appropriate straps, tethers, tarp, and netting
  • Factor in that you might hit some bumps and potholes that can loosen any load that is not well secured
  • Lastly, would you feel safe if you were the one driving behind your load?

Talk To An Attorney

If you get into an accident involving unsecured loads because the other driver was negligent, talk to an attorney. An experienced lawyer knows your legal rights, which means fighting for fair compensation will not be a problem.

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Collecting Damages After a Judgment in Your Favor: It’s All About Timing

Posted by David Brown 
· April 5, 2022 

Although most defendants will be honest and pay the damages you (the plaintiff), are owed, there are some cases where they may try to get around the judge and put obstacles in your way for collection. Often, the intent is to pay as little as possible for as long as possible. These delays may mean:

  • A refusal to pay the judgment outright.
  • Ignore your requests for damages, costs, or legal fees in the hopes less will be accepted.
  • Stalling, so defendants can hide their assets or move them.
  • Running the clock out so you – the judgment creditor – can’t seize what the court has decreed.

What Now?

Remember, if the defendant makes the collection more difficult or extends the collection process, the judgment amount will be subject to interest year-on. The judgment is enforceable for a long time and has many benefits.

Assets can be taken when the defendant least expects them to, even years after they have “let down their guard.” If your client (or you) can afford it, wait until the defendant has enough assets to pay the judgment.

Let’s say, for instance, you were awarded $250,000 in damages as a result of a motor vehicle accident suit. However, the defendant was not doing well financially at the time of the lawsuit. They are both unemployed and have very little savings. They don’t have enough assets to pay the judgment. You would be limited to $30,000.

Imagine that they have been waiting for four to five years and the defendant has a job with a high salary and has made good investments over the years. Their assets total $300,000. You can collect the entire amount due under your original judgment if you try to collect. You can even get more from the defendant due to the accrual of interest!

Take control of the assets

A defendant might move substantial assets “offshore” into foreign accounts after losing a case or having a judgment against them.

A Judgment Debtor’s Examination will force the defendant to appear before the court and provide accurate information about the locations of their assets. You will also be given a Writ to Execution by the court to seize the assets.

Collecting damages after a favorable judgment really is all about timing.

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