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Valuing Real Estate in Washington State Divorces

Posted by David Brown 
· October 13, 2022 

Washington State’s divorce laws require that the trial court justly and equitably distribute the spouses’ property and liabilities, whether community or separate.  That property will include real estate, which must be valued to figure into a just and equitable distribution of property.  The parties will not be likely to agree on the worth of the property.  The party that wants the asset wants it to be worth virtually nothing, while the party giving it up wants it to be worth the universe.

So, the court must determine how to reach a fair valuation.  The court must award each party an asset of roughly equal value each time it makes a distribution.  It can only do this if it can determine the value of those assets.

In Washington, the value of property is a question of fact.  This status means that the trial court’s asset valuations will be affirmed so long as they are based on the evidence presented in the case.  Generally, a challenger will review the record to determine whether substantial evidence exists to support the court’s valuation of a particular asset, reviewing it in the light most favorable to the party in whose favor the findings were entered.  Substantial evidence is sufficient to persuade a fair-minded person.

The most common valuation used in divorce is “fair market value” (FMV).  FMV, in Washington State, is the amount of money a willing but not obligated purchaser would pay an owner willing but not obligated to sell, considering all uses for the property.  In other words, FMV is the price objective persons in the marketplace would agree upon for a given asset.

However, the court is not locked into using FMV.  Deciding value is at the court’s discretion and is usually set at the price for which a spouse could sell the asset.

If the disputed asset has significant value and the parties are widely apart in their respective valuables, a joint appraisal may be obtained, with either party entitled to a second opinion if dissatisfied.  Accredited appraisers may be the best option, especially with real estate.

In the end, the valuation must be supported by evidence and, hopefully, by an appraisal.  This objectivity will be helpful in the emotional context of a divorce.

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Student’s Family Alleges Negligence Against School District, Bus Driver

Posted by David Brown 
· October 11, 2022 

Richland School District faces a lawsuit filed by Trinity Enriquez’s family. The Chief Joseph Middle School Student sustained injuries on October 22, 2021, after being dropped off at a bus stop.

Trinity was hit by a pickup truck on Route 31 near Spengler Street and Hood Avenue. She crossed behind the school bus, meaning the driver did not see the accident and drove off before the impact. Seven other students also crossed the street. There is no crosswalk in that area.

The lawsuit claims the school district and bus driver had legal obligations to ensure Trinity’s safety. Washington law requires the bus driver and school district to “make every reasonable effort to ensure that they cross safely and that they pass in front of the school bus and never behind the school bus.”

Jenny Garcia, the bus driver and defendant, allegedly breached this duty when she allowed students to cross the street behind the bus.  Attorneys are investigating whether Garcia received proper training regarding drop-off and pick-up procedures at school bus stops. She remains employed as a bus driver for the school district.

The pickup driver, James Koester, is also named a defendant in the lawsuit. It alleges Koester failed to look out for pedestrians, road conditions, and traffic. After the impact, he indicated that he did not see Trinity, which attorneys argue establishes his liability.  They submitted information to the prosecutor’s office to investigate criminal charges, but the office declined to prosecute Koester.

The accident is part of significant safety concerns regarding students and bus stops. Trinity is the fifth student hit by a car in the last three years. Her family hopes the lawsuit helps more people be aware of the risk associated with school bus crossings.

The lawsuit seeks reimbursement for past and future medical bills, pain and suffering, and other costs. Trinity spent 45 days in a Spokane hospital undergoing treatment for serious injuries, including head trauma. She is expected to make a full recovery, although she still faces difficulties from head injuries. Trinity’s aunt, Zayna Kinsey, started a GoFundMe to help pay for medical costs.

 

 

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Coinbase Supports Tornado Cash Users Filing Suit Against Treasury Department

Posted by David Brown 
· October 6, 2022 

The cryptocurrency service Coinbase is providing financial support for a lawsuit filed against the Treasury Department after it penalized the cryptocurrency service known as Tornado Cash. Coinbase and other crypto users claim that penalizing the service is both uncalled for and potentially dangerous, while the Treasury Department accused the service of enabling money laundering. Shortly after the lawsuit was filed, the Treasury clarified its stance on when users could legally access the service.

Tornado Cash is a service that mixes crypto deposits to increase anonymity. The process that the service uses effectively separates the initial deposit from the withdrawal for those same funds, meaning one party can deposit cash in crypto, have it mixed, and then have funds sent as a withdrawal that does not appear linked to the original depositor. A benefit of this type of service is making anonymous donations.

However, it also makes money laundering easier, and that’s what the Treasury Department is accusing Tornado Cash of doing. The Department says billions of dollars were laundered for North Korean groups.

Tornado Cash uses open-source software, and the idea of sanctioning open-source software opens the door to potential abuse down the road, in the eyes of the users and employees who are suing the Treasury Department.

It should be noted that the Treasury issued more information about what exactly is penalized regarding Tornado Cash in the days after the lawsuit was filed. According to Coindesk, the Treasury has said the penalties do not refer to accessing the code itself for legal purposes or to accessing Tornado Cash on internet archives. However, Paul Grewal, who is Coinbase’s chief legal officer, told CNBC that sanctioning open-source code could create a precedent that allows any technology to be sanctioned, effectively removing access for all users from that technology. Grewal compared the situation to banning the use of a highway because some robbers once used it to get away from police.

This is not the first time the Treasury Department has penalized software and blacklisted it through the Office of Foreign Assets Control. The first was Blender.io, which was sanctioned in May 2022.

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Washington State’s Child Welfare Agency Settles a Flurry of Lawsuits

Posted by David Brown 
· October 4, 2022 

Recently, it was announced that the child welfare agency of Washington state has reached a far-reaching settlement agreement with numerous advocacy groups, each of which is representing children who believe they were wronged by the state’s departments. Foster youth, identified by initials to protect their identity, filed lawsuits against the state, alleging a wide variety of violations that had a significant impact on their physical and mental health. The state has struggled to keep up with the demands of its foster system recently, and children have claimed that they were often forced to sleep in hotels, offices, and even in the cars of social workers who were supposed to be looking out for them.

As a result, children alleged that they experienced frequent moves between homes, cars, and other locations, and that the frequent change has disrupted their education, medical treatment, and familial ties. After negotiating for more than a year, attorneys representing the state and the foster children have reached a settlement agreement. Importantly, it should lead to changes in the way the child welfare agency operates, providing better services for children everywhere.

The goal is to provide increased stability for children in foster care. Children in foster care are forced to contend with a wide variety of problems that can make it difficult for them to grow and develop physically, emotionally, academically, and socially. By reorganizing the placement system for foster children, children should receive the support they need. Now, the settlement agreement moves to U.S. District Court Judge Barbara Rothstein, based in Western Seattle. The agreement also requires an independent monitor to ensure the child welfare agency complies with the terms of the agreement.

Prior to the lawsuit, a number of news reports indicated that children were spending time in emergency arrangements, including sleeping in offices and cars, which only made trauma and instability worse. Eventually, it led to a lawsuit that alleged the horrid conditions led to psychiatric, behavioral, and developmental conditions, spurring the lawsuit. Numerous child advocacy groups voiced their concerns in the lawsuit, including the National Center and Youth Law and Children’s Rights. It is hoped that this agreement will improve the quality of life of children in the foster care system.

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Violent Crime On the Rise In Washington as Police Staffing Plummets

Posted by David Brown 
· September 29, 2022 

A troubling report from a Washington police association states that violent crime is on the rise in the state. Police staffing is also plummeting. Washington’s police staffing was already the lowest per capita in the country, and figures in the state’s government and law enforcement organizations are taking measures to bolster the number of law enforcement officers in the state. Read on to learn more about the law enforcement staffing situation in Washington state.

Troubling Statistics

Statistics from the Washington police association report claims that violent crimes rose by more than 12% in the state in 2021. Murders were also up to an all-time high of 325. The murder rate is not quite as high as it was during the late 1980s and early 1990s, but its mark of 4 per 100,000 is still among the highest in the state’s history.

Washington’s Police Staffing is Well Below the National Average

Washington, as with many states, saw a significant drop in the number of police officers in 2021. Washington now has 10,736 officers, which is a decrease of over 400 from the previous year. This works out to a drop of over 4.4%. Meanwhile, the state’s population rose by over 100,000.

Washington now has just 1.38 officers per 1,000 residents. The national average is 2.33 officers per 1,000 residents. The shortage of police officers has led to police departments simply not responding to calls that are considered low-priority. Also, officers often have to work a great deal of overtime.

Budget Cuts & Negative Public Perception of Police are Blamed

The decline in the number of police officers comes in the midst of budget cuts to law enforcement agencies across the nation. These budget cuts were spurred by the COVID pandemic and by the negative perception of law enforcement resulting from the murder of George Floyd. Many police officers have resigned or taken retirement in response to the negative perception of their profession. Also, fewer prospective police officers are applying for law enforcement positions. Washington also passed law enforcement reform laws in the wake of the George Floyd murder that many officers found too restrictive.

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What the Inflation Reduction Act Means for Americans

Posted by David Brown 
· September 27, 2022 

After negotiation and passage by the Senate, the Inflation Reduction Act heads to the House for final approval. Many would expect this legislation to focus more closely on the skyrocketing costs of consumer goods as a result of inflation. However, inclusions focused on battling climate change and reducing the federal deficit make this package much more sweeping than a simple inflation-busting measure would be. The Inflation Reduction Act represents President Biden’s economic agenda as a whole.

The particulars of this economic package show just how ambitious it is. For example, the Inflation Reduction Act pledges $370 billion toward reducing greenhouse gas emissions to less than half of their levels in 2005. Some elements of the proposal would provide direct economic relief to Americans, however. Reform to prescription drug costs would limit Medicare recipients to paying $2,000 annually, finally allowing the government to negotiate the cost of medication directly. Not only could this mean billions of dollars of savings for the U.S. government over the next 10 years, but even Americans who don’t have Medicare may also benefit from drug price negotiations.

Other citizens will benefit from measures that prevent the increase in healthcare insurance premiums that would otherwise occur next month when a component of one of Biden’s emergency COVID-19 bills expires. Approximately 13 million Americans who purchased coverage from state or federal marketplaces will continue to qualify for savings.

Rather than increasing taxes for everyday citizens, large corporations will foot much of the bill through tax hikes. Because the Inflation Reduction Act aims to close tax loopholes that have allowed these billion-dollar companies to escape paying their fair share, some companies may finally have to contribute to the economy from which they have long benefited.

Although the Senate Majority leader Charles E. Schumer (D-N.Y.) has called the Inflation Reduction Act “one of the most significant pieces of legislation passed in a decade,” Democrats had to make compromises to get the bill passed in the Senate. The original proposal included free pre-k education and paid family and medical leave for American workers. Republican lawmakers also removed verbiage that would lower the price of insulin. Vermont Senator Bernie Sanders has criticized the modified bill as he argued for expanded Medicare coverage for dental and vision healthcare.

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PFAS Lawsuits Flood Courts and Billions in Possible Damages Could Be On the Line

Posted by David Brown 
· September 22, 2022 

Since 2005, more than 6,400 PFAS-related lawsuits have been filed. This type of heavy litigation presents a huge threat to companies that use PFAS, including E. I. du Pont de Nemours and Co., as well as 3M Co., Chemguard Inc., Kidde-Fenwal Inc., National Foam Inc., and Dynax Corp.

Per- and polyfluoroalkyl substances, shortened to PFAS, are durable and water-repellant. Some of the most common types of PFAS that are sold on the market today are Teflon and Scotchguard. These products have been around since the 1950s, and gained in popularity due to their durability and water-repellant properties. Unfortunately, despite being mainstays in many homes for decades, it has become apparent that PFAS can cause health problems and environmental damage due to the chemicals that the products contained.

Starting in 2005, lawsuits started being filed, primarily against E. I. du Pont de Nemours and Co., due to these health issues and environmental damage. However, in the last few years we have seen more and more lawsuits being filed against other companies that manufacture PFAS products. Individuals are suing these companies for the health issues their products may have caused, while city governments, including the City of Anaheim, California, is suing for damage done to the environment by these products.

Some estimates state that the liabilities for PFAS could reach in excess of $30 billion dollars. Obviously, this would be a worst-case scenario. but based on the large amount of damage that has been done and the sheer number of cases and companies involved, there could be major financial repercussions, which could lead to major companies being unable to survive and going out of business.

As the lawsuits make their way through the courts, it is becoming apparent that the courts are starting cases off based on the role that companies had in manufacturing PFAS products. For example, some of them only made surfactants, while others were finished product manufacturers. Companies that had a role in both parts, such as 3M, are expected to get hit the hardest in the lawsuits.

Right now, there is a lot of uncertainty surrounding PFAS lawsuits, but as they make their way through the courts, it will be interesting to see if damages are awarded and how companies manage to survive.

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What Is the Average Whiplash and Concussion Settlement?

Posted by David Brown 
· September 20, 2022 

A car accident can leave victims with painful injuries that affect their lives in almost every way. It also means they face extensive medical bills and long treatment times that keep them from working. Two of these common car accident injuries are whiplash and concussions.

If you’re one of the millions of people who are suffering from whiplash or concussion after a car wreck, you’re probably wondering how much a legal claim may be worth. Here’s what you need to know about claim settlements for these types of injuries.

What is whiplash?

Whiplash is a common injury after a motor vehicle collision that results from the neck being snapped forward and then backward quickly and forcefully. It affects the muscles, nerves, and spinal joints in the neck—causing pain and numbness. Common symptoms include:

  • Shoulder and back pain
  • Stiffness in the neck
  • Headache
  • Dizziness
  • Arm numbness and tingling

What is a concussion?

A concussion occurs when there is an impact that causes a sudden back and forth movement of the head and brain. The brain will often bounce against the skull, causing a brain injury known as a concussion.

Concussions are considered to be a traumatic brain injury (TBI) and can cause:

  • Pressure in the head
  • Dizziness and balance issues
  • Nausea and vomiting
  • Feeling sluggish or confused
  • Memory or concentration issues

What is the average car accident whiplash or concussion settlement?

Whiplash and concussion settlements can vary greatly depending on the severity of the injury and the impact it has on the victim’s life. On average, a minor car accident whiplash claim can settle anywhere from $10,000 to upwards of $100,000.

However, a more catastrophic case of whiplash or concussion can settle for $1 million or more. Again, it varies based on how the injury affects the victim and for how long.

What factors affect the settlement amount?

Several factors can affect an injury settlement amount that fairly represents the accident victim’s losses. You may be able to claim compensation for the following damages after suffering whiplash or a concussion:

  • Medical bills
  • Property damage
  • Surgical and treatment expenses
  • Lost wages
  • Future medical care
  • Pain and suffering
  • Permanent impairment

The more severe the injury, the more you can expect in a legal settlement. This also applies to the pain and suffering you’ve endured as a result of the accident. Typically, pain and suffering compensation is commensurate with actual financial losses.

Speak with an experienced car accident attorney to see if you qualify to take legal action for your whiplash or concussion injuries after an accident.

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Washington Divorce Laws and Regulations

Posted by David Brown 
· September 15, 2022 

The Revised Code of Washington (RCW), Title 26, governs divorce law, known as dissolution of marriage. A person who wants to pursue dissolution of marriage in Washington is likely to have questions about divorce, child custody, or domestic violence protection orders.

What are the Grounds for a Divorce in Washington?

The sole grounds for a divorce in the State of Washington is “irreconcilable differences.” Washington is a no-fault state, so one spouse needs only to state that the marriage is “irretrievably broken” to start the divorce.

What are the Grounds of Jurisdiction for Divorce?

The RCW, Chapter 26.09.030 allows a spouse who is a resident of Washington, who is married to a resident of Washington or who is a member of the military and stationed in Washington for 90 days prior to the filing of the case to seek a divorce. A Court of Appeals case upheld the subject matter jurisdiction statute.

How Do I Obtain Custody of Minor Children?

Either party to the dissolution of marriage may seek custody of minor children. The RCW 26.09.270 requires that a party “seeking a temporary custody order or a temporary parenting plan or modification of a custody decree or parenting plan” submit an affidavit with their motion.

The affidavit needs to state facts supporting the order or modification. The party also provides notice to other parties of the divorce proceedings.

What does the Court Consider When Making Orders Related to Children?

The objectives of a permanent parenting plan are to provide for physical care of children, for maintaining their emotional stability and to provide for the changing needs of children. The court sets forth the responsibilities and authority of each parent and encourages parents to abide by their responsibilities set forth in the permanent parenting plan.

What Financial Orders Does the Court Make in a Divorce Case?

The court makes financial orders related to the disposition of property and liability, communal or separate, in an equitable manner. One exception is that property acquired by inheritance or gift remains solely with the person given the property.

The primary parent of the minor children usually retains the matrimonial home.

The court may order either parent to pay child support.

How does the Court Protect Domestic Violence Victims?

Either party has the right to ask the court for a temporary restraining order under RCW 26.09.060. The court may issue orders restraining a person from transferring, removing or destroying property, or from entering the home, school or workplace of the other party or minor children.

The court may issue domestic violence protection or anti-harassment orders.

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Gas Field Specialists Inc (GFS) Pays $184,000 to Ill Employee Fired for Increased COVID-19 Risk

Posted by David Brown 
· September 13, 2022 

A case involving Gas Field Specialists Inc (GFS),  EEOC v. Gas Field Specialists Inc, U.S. District Court for the Middle District of Pennsylvania, No. 4:21-cv-01615, settled earlier this week. The case, filed in 2021 in Scranton, Pennsylvania, alleged that GFS, a Pennsylvania gas well service company, fired an employee with cancer because his cancer made him more vulnerable to COVID-19. According to the Equal Employment Opportunity Commission, or EEOC, the company agreed to pay a $184,000 settlement to a longtime employee. The company denied any wrongdoing.

The employee who was fired, Marlin Houghtaling, told the EEOC that an owner of the company, GFS, told Mr. Houghtaling that the company had to lay off individuals who had pre-existing health issues during the COVID-19 pandemic that made them more vulnerable to COVID-19. The reason given to Mr. Houghtaling was that the company did not want these individuals to get sick. The company stated that Mr. Houghtaling’s diagnosis of cancer placed him at greater risk from COVID-19, and thus, he was let go.

Marlin Houghtaling was let go from GFS in May 2020. At the time, he was working as a rig hand and mechanic and had no restrictions in place due to his health. He had been working with the company for 15 years. The EEOC accused GFS of discriminating against Mr. Houghtaling specifically due to his illness, thus violating the Americans with Disabilities Act. The EEOC also made it clear that letting an employee go specifically because they were at higher risk for catching COVID-19 and suffering more severe symptoms was not a basis for firing an employee and amounted to disability bias.

The $184,000 settlement covered $174,000 in lost wages due to Mr. Houghtaling, as well as $10,000 in compensatory damages. As part of the settlement, GFS also had to agree not to lay off or fire employees who may be at a higher risk of COVID-19. EEOC also required the company to document its specific reasons for not recalling workers who may have been subjected to seasonal layoffs.

While GFS did not have to admit to any wrongdoing, the EEOC was pleased with the outcome. It helped to show that employers do not have the ability to make personal decisions for their workers in regard to their medical history. The EEOC said, “an intent to protect them from what it perceives as a risk of illness from COVID-19 does not excuse an action that is otherwise unlawful discrimination.” The outcome of this case helped to prove that point.

 

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