Washington Law Blog Posts

  • STATE OF ALASKA TO PAY OUT OF STATE FISHERMAN $ 70 MILLION
    Posted December 1, 2009, 2:23 pm by Beard Stacey Trueb & Jacobsen, LLP
    Fisherman from outside of the State of Alaska who paid "out of state fees" for commercial fishing licenses and permits from 1984 to 2004 will receive up to $ 70 million dollars in compensation. As the result of a class action lawsuit filed in 1984, the Alaska Court has ruled that the State of Alaska must reimburse out of state fisherman for excessive charges. The Court held that charging the non-Alaska fisherman a fee differential violated the privileges and immunities clause of the United...
  • Medical Examiner Drunk at Scene of Fatal DUI Crash
    Posted December 1, 2009, 2:08 pm by Admin
    We can file this under a perfect storm of mistakes and drinking. Over the weekend there was a flurry of law related activity in Washington state. From a trooper being hit by an alleged DUI driver to the horrific slaying of four officers (and subsequent slaying of the alleged slayer). But this one presents the most interesting questions in my opinion. Over the holiday weekend, Snohomish County saw the worst fatality DUI accident we've seen in recent years. However, that's only PART of the story....
  • H1b update as of November 27, 2009
    Posted December 1, 2009, 6:41 am by tahminawatson
    As of November 27, 2009, approximately 58,900 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general [...]
  • Icy road conditions on Highway 17 factor in injury accident
    Posted November 30, 2009, 6:51 pm by The Farber Law Group
    /**/ The TriCityHerald.com reports that Gerardo Laireano-Alejandro, 28 of Othello, was injured in a roll over car accident on Highway 17 around 8 am on Sunday. According to the report, Laireano-Alejandro's vehicle slid on ice before it rolled. The Washington State Patrol suspect that excessive speed contributed to the car accident. Tips for driving in icy conditions As winter is approaching, here are some tips for motorists in icy conditions: Keep your windshield fluid reservoir full and use...
  • WA Legal Roundup: Division III
    Posted November 30, 2009, 4:25 pm by Walt Williams
    State v. Fry Mr. Fry punched his wife in the face and was charged with Second Degree Assault. The trial court instructed the jury on Second Degree Assault and the lesser-included offense of Third Degree Assault. The court listed the elements of Third Degree Assault as follows: 1) Mr. Fry caused Ms. Fry bodily harm; (2) [...]
  • 400 Years Later, A Church Apologizes For Abusing Native Americans
    Posted November 30, 2009, 2:40 pm
    West End Collegiate Church, New York City On Native American Heritage Day, the Collegiate Church officially apologized for massacring and displacing Native Americans 400 years ago. "We consumed your resources, dehumanized your people, and disregarded your culture, along with your dreams, hopes, and great love for this land," the Reverend Robert Chase told members of the Lenape Tribe. "With pain, we the Collegiate Church, remember our part in these events." The apology was offered in front of...
  • How to Stop a Divorce After it is Filed
    Posted November 30, 2009, 7:50 am by Peter W. Mogren
    If a divorce has been filed and the parties reconcile, the divorce action can be dropped by agreement of the parties. The parties need to file a Voluntary Order of Dismissal, to dismiss the case with the court. If the Respondent has appeared in the action in any way (filing a Response, etc.), then the Order must be signed by both parties. If the Respondent has not yet appeared in any manner, then it is only necessary to be filed by the Petitioner (moving party). A wise approach is to make sure...
  • Posted November 30, 2009, 2:52 am by Rod Stephens
    Termination This is a topic that I don't to like to write about, especially during the holidays. Call me the The Grinch (I've been called worse) but, as they say, "We need to talk." This is not a good time for employers or employees. The rules have changed. Employers in industries, once considered solid, are fighting to meet overhead. Employees are working harder, terrified they may lose their job because jobs that pay a decent wage are few and far between. The reality is that many people will...
  • Marysville-area car accident kills 4 when suspected DUI driver runs stop sign
    Posted November 29, 2009, 9:19 pm by The Farber Law Group
    The Seattle Times reports that four people were killed in a two-car accident on Sunday northeast of Marysville when a suspected drunken driver ran a stop sign. The car accident occurred near the intersection of 108th Street Northeast and Highway 9. All four of the victims were traveling south on Highway 9 in a Hyundai when their car was hit by a Ford Explorer. Two of the victims reportedly died instantly. The driver of the Explorer at first fled the accident scene but a woman living in the...
  • DUI driver injures Washington state trooper in crossover car accident in Federal Way
    Posted November 29, 2009, 5:28 pm by The Farber Law Group
    A Washington State trooper was injured in a car accident today in Federal Way when her car was hit by a drunk driver reports The Olympian. According to the report, the 31-year-old officer was driving her WSP southbound on 16th Avenue South and was about to enter Highway 18 when a white Ford pickup traveling westbound on Highway 18 lost control of his vehicle while turning, went over the raised median and hit the trooper's vehicle. The driver of the pickup truck, a 46-year-old University Place...
  • WTO Riots Ten Years Later: The Tension Continues Between Trade and Rights
    Posted November 29, 2009, 2:52 pm by Michael Atkins
    10 years ago: the "Battle in Seattle" WTO riots The World Trade Organization came to Seattle ten years ago. Protests and riots ensued. Seattleites won't soon forget the tear gas, smashed windows, police in riot gear, out-of-town "anarchists," giant ninja turtles, and chants of "The whole world is watching!" Of course, the tension between international trade and human rights that existed then still exists today. This is evident in the recent seizure of Indian-made pharmaceuticals in the...
  • Forensic Facebook
    Posted November 29, 2009, 8:19 am by Mary Whisner
    A New York Times blog reports (Nov. 11, 2009) on a Harlem teenager whose Facebook status update helped confirm an alibi and get burglary charges dropped. The post says that this is the first time Facebook helped the accused, and lists times when Facebook and MySpace posts have been used against defendants. Comments list different ways that someone could scam the system. Sure, a 19-year-old could call home and say, "Dad! Quick! Log in to my Facebook account and post something. I'm going to need...
  • How much to drink is &#xe2€&#x9ctoo much?&#xe2€
    Posted November 28, 2009, 10:40 pm
    This holiday season, the DUI emphasis patrols will be out in King County and throughout Washington State, patrolling in an increased effort to make DUI arrests. Undoubtedly, DUI arrests will occur. In some of those cases, the driver will be arrested and charged with DUI despite making a good faith effort to drink responsibly. That [...]
  • Can I take a blood test instead of a breath test?
    Posted November 28, 2009, 10:40 pm
    When a person is arrested for a misdemeanor DUI and taken to the police station the police will usually ask: "Will you take the breath test?" The answer to this question can greatly influence the complications that will arise from the DUI arrest, including length of license suspension and also the mandatory minimum DUI criminal [...]
  • Helmet laws in Washington state for motorcycles, low-power cycles and bicycles
    Posted November 28, 2009, 3:16 pm by The Farber Law Group
    There is no doubt about it that wearing a helmet saves lives and serious brain injuries when involved in an accident while riding a motorcycle, low-power cycle (LPC) or bicycle in Washington state. Not everyone is clear about who is required to wear a helmet so we will clarify the laws here. Motorcycle RiderWashington state law requires all motorcyclists to wear a helmet that has been certified to meet the U.S. Department of Transportation standards. A certified helmet has a DOT sticker on it...
  • School administrator awarded $5 million in medical malpractice misdiagnosis case
    Posted November 27, 2009, 6:30 pm by The Farber Law Group
    A California middle school administrator has been awarded a $5 million binding medical malpractice judgment against Kaiser HMO physicians who failed to diagnoses his symptoms which led to a stroke, leaving Howard paralyzed and disabled reports The Los Angeles Times. Timothy Howard was diagnosed with a migraine by Kaiser's physicians, California state's largest HMO. Howard actually had a carotid artery tear which interrupted the blood flow to his head resulting in a stroke leaving him...
  • Car safety for pregnant drivers
    Posted November 27, 2009, 2:25 pm by The Farber Law Group
    Pregnant drivers might want to read a column by Sharon Silke in USA Today's about car accidents and the risk of fetal death entitled "Researching trying to protect pregnant drivers." In the article Silke discusses how Ford Motor company is funding research at Virginia Tech and Wake Forest universities to determine how car accident affect pregnant women and their unborn babies. The number of fetuses that die each year due to car accidents is estimated by Virginia Tech researcher, Stefan Duma, to...
  • 1 injured in 6-car accident on Interstate 5 near Vader, Washington
    Posted November 27, 2009, 2:07 pm by The Farber Law Group
    A 75-year-old man was inured in a car accident involving six vehicles on Interstate 5 at milepost 59 east of Vader, Washington reports The Daily News Online. The Washington State Patrol says excessive speed was the cause of the accident. Vader is a city approximately 20 miles south of Chehalis. The motor vehicle accident occurred after noon on Thursdays when the driver of a 2002 Saturn lost control causing a chain-reaction accident. Fortunately only one person was injured in the accident and he...
  • Child Protection Safety Act provides safety requirements for children's toys
    Posted November 27, 2009, 1:37 pm by The Farber Law Group
    Toy safety is especially important this time of year when people are shopping for gifts for children. Consumers should check on product labels and make sure the toys that they buy are age appropriate. The Child Safety Protection Act sets forth U.S. safety standards to prevent toy-related accidents which might cause in an injury to a child or even death. Toy-related accidents and deaths are quite common. More than 200 thousand children are treated in U.S. emergency rooms every year for...
  • 1 dead, 2 injured in Midland-area 3-car accident south of Tacoma
    Posted November 27, 2009, 1:08 pm by The Farber Law Group
    A speeding SUV carrying up to eight people ran a stop light, hit another car and then flipped, falling onto a third car in the Midland area about 8 miles south of Tacoma on Wednesday night. One person in the SUV was killed and two other people were injured in the multi-car accident. Several people riding in the SUV fled on foot after the accident including the SUVs driver and they are being sought by Pierce County sheriff's deputies. According to a report on KOMO News.com, the accident occurred...