Court Rules Against Navy Seals Training in Washington Parks

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 The Navy SEAL training permission was rescinded by Judge James L. Dixon in the Superior Court of Thurston County.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.

The Dangers Of Unsecured Loads And Road Debris

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.

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

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.

Lawsuit Calls Seattle Stem Cells Treatments ‘Snake Oil’

A stem cell therapy center and its owners in Seattle are accused of engaging in a patient-funded research scheme. Washington State Attorney General Bob Ferguson in March filed a lawsuit against US Stemology and its owner while calling the scheme a modern version of “snake oil” sales done via the Seattle Stem Cell Center.

Ferguson accuses the center and its owners of bilking 107 people of about $750,000, Ferguson says the center charged patients up to $10,000 each for stem cell treatments that they claimed would help to cure a variety of ailments. Those ailments include COVID-19, Parkinson’s, asthma, and many other diseases and medical conditions.

Ferguson accuses the center of engaging in “unproven treatments” as part of a patient-funded research scheme. He also says the stem cell center’s staff and its owner falsely claimed the costly treatments were part of clinical trials.

Ferguson says the alleged clinical trials did not follow accepted standards for peer-reviewed scientific research. There was no independent review of the alleged research. The only review done was by the center and its staff.

Ferguson says he became aware of the scheme when a Washington resident complained. The resident said the Seattle Stem Cell Center’s staff were claiming the treatments helped to prevent people from catching the virus. They also claimed the treatments help to cure COVID-19 and a critically ill patient had recovered because of the stem cell treatments.

Despite the claims of the center’s staff and owner, Ferguson says there is no reliable scientific evidence to support them. The center removed its online ads promoting its stem cell treatments after receiving a cease-and-desist letter from Ferguson.

But the Washington State Attorney General says he discovered the center’s staff is making similar claims about a variety of other ailments with no scientific data to support them.

Ferguson initiated an investigation in June 2021, which he says caused the stem cell center to stop accepting new patients.

Ferguson accuses US Stemology and its sole owner of violating the Washington Consumer Protection Act.

The state seeks $12,500 in fines for each violation, plus full reimbursement for costs paid by the patients. Ferguson says the financial penalties could add up to millions of dollars.

Tribe Sues Seattle Over Salmon Depletion

An alleged abuse of local salmons’ right to exist and flourish has the city of Seattle defending its hydroelectric energy supply in state and tribal courts.

The Sauk-Suiattle Indian Tribe in a Saugk-Suiattle Tribal Court filing named Seattle as the sole defendant. The tribe says that the city’s three hydroelectric dams are killing off local salmon and negatively affecting the tribe’s cultural practices and traditions.

The tribe also says it filed the tribal lawsuit on behalf of the salmon. That makes salmon co-plaintiffs in the filing, which, refers to the salmon as Tsuladx in the tribe’s native language.

The tribe in its recently filed tribal court lawsuit says the salmon have natural rights to live and thrive, which the city of Seattle is violating. So the tribe filed the lawsuit on behalf of itself and the salmon.

Seattle owns three hydroelectric dams on the river. The tribe says that the dams were not constructed in a manner that enables the salmon to bypass the dams and continue their annual spawning migrations.

The Sauk-Suiattle tribe says the three dams do not allow passage of the salmon during annual spawning runs. And that is killing off the local fishery in the Skagit River.

The dams cited are the Diablo, Gorge, and Ross dams that comprise the Skagit River Hydroelectric Project in the northwest region of Washington State. The dams are located about 100 miles from Seattle and account for about 20 percent of the city’s electrical power.

The public utility Seattle City Light operates the three dams that are located along an eight-mile section of the Skagit River. The dams are situated within the Cascade Mountains and affect more than a third of the Skagit River watershed.

Salmon, trout, and steelhead live and spawn in those waters. The tribe says their numbers are much lower due to the dams and are negatively affecting tribal culture and practices. It also is violating the salmon’s natural right to live and thrive.

The tribal court lawsuit is in addition to one recently filed in King County Superior Court. Seattle has filed a counter lawsuit that seeks dismissal of the state and tribal suits. A federal court last year dismissed a similar lawsuit filed by the tribe against the city.

Four Reasons to Call a Personal Injury Attorney

There are many incidents that can occur that will cause you to suffer a personal injury, but when is it necessary for you to enlist the help, guidance, and assistance of a personal injury attorney? Read on to discover the top four reasons you may need to call a personal injury attorney for legal assistance.

 

Auto Accidents

Auto accidents are the most common incidents in which you may suffer a personal injury. Many times, an auto accident will result in serious injury to you or your passengers. If you are a loved one has suffered an injury that has caused you to miss work, lose wages, or other issues, you will want to enlist the assistance of a personal injury attorney to hold the other party accountable for their actions as well as your medical bills and other expenses.

 

Medical Negligence

Medical negligence can occur if a physician, nurse, or other medical professional makes a mistake that causes you to suffer a personal injury. It is important to consult a personal injury lawyer right away if you have suffered any type of personal injury due to medical malpractice or negligence.

 

Public Liability Cases

From slip and fall incidents to an incident caused by a restaurant, store, or company’s negligence, public liability cases are more common than you think. For instance, if you are walking into a grocery store and slip and fall on the wet floor and there was no warning sign that the floor was wet, the grocery store may very well be responsible for paying for your medical bills and any lost wages from missing work. In this case, it is extremely important to contact a personal injury attorney who can gather evidence to determine who is at fault.

 

Victim of Crime

If you become the victim of a crime, from a domestic violence incident to a burglary or any other crime, not only will you want to file charges against the perpetrator through your local prosecutor’s office, but you may very well want to consult a personal injury attorney. Your personal injury attorney will help you receive compensation for medical bills that you incur as well as an array of other things.

Washington State Attorney General Files Lawsuits on Behalf of Duped Small Businesses

SEATTLE – Consumer protection lawsuits have been filed against two companies that sent deceptive letters to small business owners throughout the state of Washington.

According to Attorney General Bob Ferguson, 210,000 deceptive letters were sent out to small business owners, demanding payment for a “Certificate of Status” or a poster for the workplace that can be obtained from the Washington State government free of charge. More than 15,000 business owners paid the two defendants, CA Certificate Service, which also does business as WA Certificate Service, and Labor Poster Compliance, more than $1.2 million.

The lawsuits specifically name the owners of the two companies, including CA Certificate Service owners James L. Beard, Dean G. Marshlack, Chad M. Davis and Joshua T. Strawn. Beard and Davis are also named in the suits as the co-owners of Labor Poster Compliance. The companies operate throughout the United States but are based in St. Petersburg, Florida.

Ferguson said that the two companies have sent out at least 210,784 letters since March of 2019 to dupe business owners into making unnecessary payments to both of the companies. According to the Attorney General’s Office, about 14,783 small business owners shelled out $82.50 each to CA Certificate Service for a whopping total of $1.2 million and over $25,000 at a rate of $79.25 to Labor Poster Compliance with 318 Washington business owners paying the unnecessary fee.

Ferguson said the letters the two companies mailed to business owners were created to look official and to be legitimate. Some business owners attempted to have their money refunded when they realized the companies were misleading them but did not receive any responses or refunds.

Ferguson’s office continues to receive complaints as more business owners come forward who have been duped by the two companies. He is asking the court to require both companies to pay back the money they took from business owners throughout the state, along with civil penalties, attorney fees and court costs. He has cited several other cases that are similar in nature in which small business owners were successful in winning the lawsuits that were filed. He is hopeful to garner the same success for the duped small business owners from his own state.

Questions about whether Mark Zuckerburg will have to Answer Questions under Oath

Facebook has spent a lot of time in the spotlight recently, and the Attorney General’s office in Washington DC is arguing that the CEO, Mark Zuckerberg, should be forced to answer questions related to Facebook’s privacy laws.

A lawsuit was filed against Facebook by the city in 2018. Since that time, Facebook has rebranded itself to Meta Platforms, but the lawsuit remains. According to recent filings related to the lawsuit, Facebook has not taken adequate steps to provide Zuckerberg for deposition even though a District of Columbia Superior Court judge has allowed for Zuckerburg to be questioned pursuant to an order issued on January 10th.

In contrast, lawyers for Zuckerburg have asked the judge to block Zuckerberg’s deposition. The request was filed on the first of February, and it claims that he has no unique information to offer. The request further alleges that the deposition is a transparent attempt to harass the CEO.

Ultimately, this latest battle in the lawsuit is a representation of the greater issue that the lawsuit addresses. Currently, there is an “apex doctrine” in place, which states that high-level executives could be shielded from certain elements of a lawsuit if they did not have direct control of the information directly addressed in the lawsuit. It appears that Zuckerburg’s lawyers are trying to use this very doctrine in an effort to save him from having to answer questions under oath.

The original element of the lawsuit accuses Facebook, which now goes by the name Meta, of misleading its users about who had access to certain pieces of personal data. In 2018, the popular technology company came under fire because a consulting firm based in the United Kingdom, Cambridge Analytica, deceived consumers about the information that it was collecting from the users on the social network.

Attorneys representing Washington DC state that they want to talk to Mark Zuckerberg to learn more about what he knew about the actions taken by Cambridge Analytica, steps the company takes to figure out what its partners and users are doing, and what actions (or inaction) the company took to prevent information of its private users from being stolen. It will be interesting to see if Mark Zuckerberg ever has to answer questions under oath.

Easterday CFTC Cattle Fraud Lawsuit Case

Cody Allen Easterday might have a bit of room to breathe for a bit. Unlike what the Commodity Future’s Trading Corporation (CFTC) would prefer, Mr. Easterday will enjoy a respite from his civil litigation with the Corporation; the federal bankruptcy court effectively stopped any further action of the lawsuit pending Mr. Easterday’s current bankruptcy filing deliberation.

If Mr. Easterday’s name is unfamiliar, it becomes particularly notorious again in terms of association with the defrauding of Tyson Foods to the tune of $244 million. In that fraud case, which Mr. Easterday has pled guilty to, Tyson Foods was duped out of almost a quarter billion dollars for cattle care that never was provided because the cattle never existed. With regards to that criminal action, Mr. Easterday is facing up to 20 years in federal prison. However, that related sentencing is delayed pending the finalization of his Chapter 11 bankruptcy or May 10, 2022.

The CFTC had lined up among a handful of federal agencies, pursuing recovery from Mr. Easterday for his criminal activity, with the CFTC filing being late to the party and filed only a year prior, in March 2021. In that regard, the court determined that Mr. Easterday would be subject to a $30 million penalty for fraudulent securities activities and similar, in addition to his already existing restitution expected to Tyson Foods. The basis of the CFTC case hinged on Easterday racking up over $200 million in losing market cattle futures trades. That market pitfall, in turn, was the driver for Easterday’s fraudulent invoices to cover the losses.

Easterday positioned himself as a major cattle market player through to organizations, Easterday Farms and Easterday Ranches. Easterday purposefully misrepresented his values in his trades, stating he had more than sufficient cattle inventory to back his trades, particularly in the area of revenue from cattle sales. He did in fact have a real family operation in farming, but Easterday fabricated the buying of cattle and then feeding them, invoicing Tyson for the cost. Amazingly, the company paid the invoices without asking why.

In the bankruptcy liquidation, the bulk of Easterday’s holding will go to a holding company for the Church of Jesus Christ Latter-day Saints, auctioned off in June 2021. Among somewhere between 200 and almost 1,000 creditors, Tyson is at the top of the list arguing for some kind of recovery from Easterday’s holdings in bankruptcy. It’s a sad, cold ending for a family farm business started in 1958 and ruined by the market gambling of one person.

Lawsuit Filed Against Seattle Hospital in Data Breach

Patient privacy laws have been a significant area of focus during the past few years, and the latest data breach impacted Sea Mar Community Health Centers, which is based in Seattle. In 2021, the hospital was hit by a data breach that impacted close to 700,000 patients. Now, the popular hospital system is facing a potential class-action lawsuit related to its handling of that specific data breach.

Allegations made in the lawsuit against Sea Mar Community Health Centers claim that the health system was negligent in its inability to protect its patients from having their private information stolen.

Sea Mar Community Health Centers discovered the data breach in June 2021. Professionals working for the hospital system determined that criminals had accessed the data center between December 2020 and March 2021, proceeding to copy all of the data they came across. A lot of criminals like to steal information from hospitals because hospitals collect personal information including bank account numbers, credit card numbers, phone numbers, social security numbers, birthdays, addresses, and other examples of sensitive information they might use to commit identity theft.

HIPAA, which is the main patient privacy Law, requires all Hospital Systems, including Sea Mar Community Health Centers, to notify any victims of a data breach within 60 days of what happened. According to the lawsuit, Sea Mar Community Health Centers failed to meet that standard. Some patients had to wait 10 months after the data breach to hear that their personal information had been stolen.

Furthermore, the lawsuit against Sea Mar Community Health Centers seeks to shed more light on the data breach. The plaintiffs want to know what information was stolen, how they were able to access this information, and what the impacts of this theft might be. The lawsuit also alleges that if the hospital system had better safeguards and data protection in place, including proper encryption, all of this could have been avoided.

It will be interesting to see what type of impact this has on hospital systems, which are supposed to follow all regulations in HIPAA. The Sea Mar Community Health Centers data breach has impacted hundreds of thousands of people who are concerned that criminals might use their information for nefarious purposes.