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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 MoreHaynes 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.
... Read MoreSchilling 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.
... Read MoreLanguage 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
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
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
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