Law Blog on Lawyers.com

Can I get a restricted license for work if I am convicted of a second DUI?

Sunday, May 31, 2009 by Matthew J. Ruff

The answer is no. Unfortunately, California Law mandates a one year long suspension following an APS action on a second offense. The law does not permit any driving during this time period, even if a judge allows it. The law is set forth as follows... Read More

Posted at 16:10 PM | PERMALINK

Topic: Traffic Violations

Alcohol Elimination Rates in DUI Cases

Sunday, May 31, 2009 by Matthew J. Ruff

In cases where the state’s expert is using retrograde extrapolation to place your client at a particular BAC at a specific time, it may be helpful to have your client tested to determine their elimination rate.... Read More

Posted at 12:50 PM | PERMALINK

Topic: DUI/DWI

Attorney fees not allowed for negligent home construction

Saturday, May 30, 2009 by John J. Tollefsen

Haynes v. Adair Homes, Inc., --- P.3d ----, 2009 WL 1067509(Or.App. Apr 22, 2009) (NO. CCV0211573, A129305)

Purchasers of home asserted successful negligence claims on behalf of their children for health complications resulting from mold and water damage in the home. The trial court awarded attorney fees to children under terms of parent’s contract. The Court of Appeals reversed because the children were not parties to the contract.

Posted at 20:15 PM | PERMALINK

Topic: Civil Litigation

Must file tort claim notice to sue employee of government entity

Saturday, May 30, 2009 by John J. Tollefsen

Schilling v. Imm, --- P.3d ----, 2009 WL 1058075(Wash.App. Div. 1 Apr 13, 2009) (NO. 61921-7-I)

An employee of a school district who drives an employer provided vehicle, performs work at multiple employer sites, and is driving to one site from a mandated break at an employer sanctioned location is acting within the scope of employment. RCW 4.96.020 requires that a tort claim notice be filed with the employer. Failure to comply with Washington's claim filing statute precludes initiating suit against that employee.

Posted at 19:48 PM | PERMALINK

Topic: Civil Litigation

Must be responsible for compensating employees to be liable for unemployment insurance

Saturday, May 30, 2009 by John J. Tollefsen

Language Connection, LLC v. Employment Sec. Dept. of State, --- P.3d ----, 2009 WL 1058593 (Wash.App. Div. 1 Apr 13, 2009) (NO. 61703-6-I)

The Language Connection (TLC) is a services referral agency for language interpreters. The Employment Security Department concluded that the interpreters were engaged in employment for TLC and the company was liable for unemployment insurance contributions. The plain language of RCW... Read More

Posted at 19:32 PM | PERMALINK

Topic: Administrative Hearings and Appeals

Overtime applies to Indian retail store - receivership requires findings of necessity

Saturday, May 30, 2009 by John J. Tollefsen

Solis v. Matheson, 2009 WL 1036083 (9th Cir.(Wash.) Apr 20, 2009) (NO. 07-35633)

Indian tribes have a special status as sovereigns with limited powers. Indian tribes are dependent on, and subordinate to the federal government, yet retain powers of self-government. These powers can be limited, modified, or eliminated by Congress. The tribes' retained sovereignty reaches only that power needed to control internal relations, preserve... Read More

Posted at 19:04 PM | PERMALINK

Topic: Litigation

FERS & CSRS Disability Retirement: The lawless supervisor

Saturday, May 30, 2009 by Robert R. McGill

Every now and then (or perhaps more often than we like to think) a Supervisor will fill out the SF 3112B (Supervisor's Statement) with such venom and innuendo and half-truths, as to make the disability retirement applicant out to be John Gotti's half-brother and reincarnate of the conceptual paradigm of the greatest incompetent the Federal Government has ever seen (next to the Supervisor himself, of course). Or, it will state that the applicant has been "under... Read More

Posted at 17:28 PM | PERMALINK

Topic: Administrative Law

Will 2009 Usher in new DUI Laws?

Friday, May 29, 2009 by Matthew J. Ruff

As a DUI Attorney for nearly 15 years I have seen the progression of DUI laws move towards the extreme left and there is no doubt the current legislature will continue this trend. The clear motivating factors behind stiffer DWI penalties is the MADD and insurance companies, however, more and more I see the DUI treatment programs exerting pressure on the state to enhance the penalties particularly as it relates to the length of any DUI program ma... Read More

Posted at 21:44 PM | PERMALINK

Topic: DUI/DWI

SYNOPSIS OF FLORIDA CASE LAW, Volume 1, Issue 33

Friday, May 29, 2009 by Joseph S. Kashi

Fort Lauderdale, Florida insurance attorney Joseph S. Kashi provides a summary of numerous Florida appellate opinions decided during the week of May 17, 2009.... Read More

Posted at 19:11 PM | PERMALINK

Topic: Appellate Practice

SYNOPSIS OF FLORIDA CASE LAW, Volume 1, Issue 32

Friday, May 29, 2009 by Joseph S. Kashi

Fort Lauderdale, Florida insurance attorney Joseph S. Kashi provides a summary of numerous Florida appellate opinions decided during the week of May 10, 2009.... Read More

Posted at 18:59 PM | PERMALINK

Topic: Appellate Practice

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