Blair & Kim, PLLC

Category: Content
Type: Blog Article

Generated 4 days ago

New blog articles detected

  • Sale of the Family Home in Washington Divorce

    Often, the family home is one of the more difficult assets to address in a divorce.  Even if both parties agree to sell the home, the process can still be difficult.  In a recent unpublished case, a Washington appeals court determined whether the sale of a home was “imminent,” as required by the divorce decree, or whether the husband was required to pay the wife $15,000 because it was not imminent...

Blair & Kim, PLLC

Category: Content
Type: Blog Article

Generated 4 days ago

New blog articles detected

  • Washington Courts May Not Base Custody on Sexual Orientation

    Courts should remain impartial regarding religious beliefs and sexual orientation when considering custody arrangements and parenting plans.  When a court relies on and adopts the opinions and recommendations of witnesses who express biases based on these issues, the entire parenting plan may be called into question.  Such was the situation in a case recently decided by the Washington Supreme Cour...

Blair & Kim, PLLC

Category: Content
Type: Blog Article

Generated 2 weeks ago

New blog articles detected

  • Washington Appeals Court Finds Church Not Liable for Driver’s Failure to Stop at Sign

    Most automobile accident cases are based on negligence.  To succeed in a negligence claim, the plaintiff must show that he or she would not have been injured “but for” the defendant’s negligence.  In some cases, there are multiple causes of an accident, and fault and liability may be apportioned among several defendants. In a recent case, a Washington appeals court considered whether the trial cou...

Blair & Kim, PLLC

Category: Content
Type: Blog Article

Generated 2 weeks ago

New blog articles detected

  • Washington Police Don’t Have to Advise of Independent Testing Right for Blood Tests

    Under Washington law, police must advise individuals of the right to independent testing when a breath test is administered pursuant to the implied consent statute.  Under a previous version of the statute, this information was also required for blood tests.  A Washington appeals court has recently addressed whether police must still inform of the right to independent testing of blood when it is n...

Blair & Kim, PLLC

Category: Content
Type: Blog Article

Generated 2 weeks ago

New blog articles detected

Blair & Kim, PLLC

Category: Content
Type: Blog Article

Generated 2 weeks ago

New blog articles detected

  • Washington Bystander Negligent Infliction of Emotional Distress Claim

    Under Washington law, a family member who is present at the scene of an accident in which a loved one was physically injured or arrives shortly thereafter may have a claim for negligent infliction of emotional distress (NIED).  A Washington appeals court recently reviewed a case to determine whether a plaintiff could bring an NIED claim when she knew about the accident before arriving at the scene...

Blair & Kim, PLLC

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • First Amendment Protects Speech that Is Not a True Threat in Washington Domestic Violence

    Threats of domestic violence should be taken seriously.  However, not all statements that suggest potential violence are true threats that can form the basis of a criminal conviction.  A Washington appeals court recently considered whether a statement that was made to a third party and that did not include a specific statement of an intent to harm was a true threat. The husband was convicted of tw...

Blair & Kim, PLLC

Category: Content
Type: Blog Article

Generated 1 month ago

New blog articles detected

  • Out-of-Network Expenses Are Uninsured Medical Expenses Under Washington Family Law

    Health care can be very expensive, especially if the treatment is not covered by insurance.  A child support order will generally set out how uninsured medical expenses are allocated, but what happens when one parent seeks treatment for a child who is not covered by insurance?  The Washington Supreme Court considered this issue in a recent case. The child developed a kidney stone.  The condition g...

  • Washington Vehicle Owner Not Liable for Accident Caused by Non-Permissive Driver

    A vehicle owner may be liable for the negligence of a driver if the driver was acting as the owner’s agent, and the owner controlled or had the right to control details of the physical movement of the agent.  Both parties must consent to the principal-agent relationship. A Washington appeals court recently considered whether an owner was vicariously liable for the negligence of a driver who had ta...

  • Admission of Prior Incidents in Washington Domestic Violence Cases

    Pursuant to Washington ER 404(b), evidence of other crimes, wrongs, or acts may not be admitted to prove the defendant’s character to show that he acted in conformity with his character.  Evidence of prior acts can be admissible for certain other reasons, including motive, opportunity, and intent.   Washington courts have also allowed such evidence to be admitted under a “res gestae” or “same tran...

  • Untimely Petition for Postsecondary Education Support in Washington Divorce

    Under Washington law, courts may order postsecondary support for children in some circumstances, but as a recent case reminds us, it is not automatic. Parents must be sure they understand the child support order and follow any deadlines for filing the petition for postsecondary support.  It is important that parents consult with their attorneys before the child turns 18 or graduates from high scho...

  • Washington Appeals Court Rules Drug Evidence from Impounded Motorcycle Inadmissible

    Criminal cases often hinge on whether evidence is admissible.  Evidence obtained through an unlawful search is generally inadmissible.  Vehicles can be especially vulnerable to questionable searches. A recent case considered whether drug evidence seized in an inventory search of an impounded motorcycle should have been suppressed.  A trooper stopped the defendant for speeding.  During the stop, th...

  • When a Child Fails to Meet Conditions for Washington Post-Secondary Education Support

    Washington family law provides for child support to include post-secondary education in some circumstances.  Before awarding this type of support, the court must first determine if the child is dependent on the parents for his or her reasonable necessities.  The court has discretion in determining how long to award the support, based on a number of factors.  The statute requires the child to be en...

  • Issues Related to Children in Washington Divorces

    Matters related to children are often the most contentious aspects of a divorce.  Ideally, parents will work together to reach a mutually agreeable arrangement regarding custody, decision-making, and support.  When the parties cannot agree, however, the court may have to decide these issues based on factual findings and statutory requirements. A Washington appeals court recently considered several...

  • State Doesn’t Have to Prove Ordinary Negligence in Washington Vehicular Homicide or Vehicular Assault

    The prosecution is generally required to prove some level of intent, or mens rea, to succeed in obtaining a guilty verdict in a criminal case.  Some offenses, however, are strict liability offenses, meaning the prosecution does not have to prove intent.  A Washington appeals court recently considered whether the vehicular homicide and vehicular assault statutes require the prosecution to prove a m...

  • Complexities of Washington Divorce Involving Division of a Business

    Divorces can be very complicated when a valuable business is part of the community property.  The party who keeps the business may be unable to pay their spouse’s share immediately, resulting in long-term property distribution payments and interest. A Washington appeals court recently addressed these issues in the unpublished case of In Re: Marriage of Cheng.  The wife had graduated from Harvard B...

  • Washington Appeals Court Allows Premises Liability Case to Proceed Against Wal-Mart for Snake Bite

    Generally, a property owner is liable for injuries to its customers only if it has actual or constructive notice of the hazardous condition that resulted in the injury.  Washington law recognizes an exception, however, when the nature of the business and its operational methods make the existence of unsafe conditions reasonably foreseeable.  This exception, set forth in Pimentel v. Roundup Company...

Blair & Kim, PLLC

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • Untimely Petition for Postsecondary Education Support in Washington Divorce

    Under Washington law, courts may order postsecondary support for children in some circumstances, but as a recent case reminds us, it is not automatic. Parents must be sure they understand the child support order and follow any deadlines for filing the petition for postsecondary support.  It is important that parents consult with their attorneys before the child turns 18 or graduates from high scho...

  • Washington Appeals Court Rules Drug Evidence from Impounded Motorcycle Inadmissible

    Criminal cases often hinge on whether evidence is admissible.  Evidence obtained through an unlawful search is generally inadmissible.  Vehicles can be especially vulnerable to questionable searches. A recent case considered whether drug evidence seized in an inventory search of an impounded motorcycle should have been suppressed.  A trooper stopped the defendant for speeding.  During the stop, th...

Blair & Kim, PLLC

Category: Content
Type: Blog Article

Generated 2 months ago

New blog articles detected

  • When a Child Fails to Meet Conditions for Washington Post-Secondary Education Support

    Washington family law provides for child support to include post-secondary education in some circumstances.  Before awarding this type of support, the court must first determine if the child is dependent on the parents for his or her reasonable necessities.  The court has discretion in determining how long to award the support, based on a number of factors.  The statute requires the child to be en...

  • Issues Related to Children in Washington Divorces

    Matters related to children are often the most contentious aspects of a divorce.  Ideally, parents will work together to reach a mutually agreeable arrangement regarding custody, decision-making, and support.  When the parties cannot agree, however, the court may have to decide these issues based on factual findings and statutory requirements. A Washington appeals court recently considered several...

  • State Doesn’t Have to Prove Ordinary Negligence in Washington Vehicular Homicide or Vehicular Assault

    The prosecution is generally required to prove some level of intent, or mens rea, to succeed in obtaining a guilty verdict in a criminal case.  Some offenses, however, are strict liability offenses, meaning the prosecution does not have to prove intent.  A Washington appeals court recently considered whether the vehicular homicide and vehicular assault statutes require the prosecution to prove a m...

  • Complexities of Washington Divorce Involving Division of a Business

    Divorces can be very complicated when a valuable business is part of the community property.  The party who keeps the business may be unable to pay their spouse’s share immediately, resulting in long-term property distribution payments and interest. A Washington appeals court recently addressed these issues in the unpublished case of In Re: Marriage of Cheng.  The wife had graduated from Harvard B...

  • Washington Appeals Court Allows Premises Liability Case to Proceed Against Wal-Mart for Snake Bite

    Generally, a property owner is liable for injuries to its customers only if it has actual or constructive notice of the hazardous condition that resulted in the injury.  Washington law recognizes an exception, however, when the nature of the business and its operational methods make the existence of unsafe conditions reasonably foreseeable.  This exception, set forth in Pimentel v. Roundup Company...

  • Washington Supreme Court Holds THC Implied Consent Warning Not Required

    Implied consent is an important aspect of DUI defense.  The Washington implied consent statute, RCW 46.20.308, requires officers to inform a driver suspected of DUI of certain consequences of refusing or submitting to a breath test.  When recreational marijuana use was decriminalized in Washington, the legislature set a legal limit for THC levels in the blood while driving.  It also added a warnin...

  • Washington Appeals Court Upholds Defense Summary Judgment for “Favored Driver”

    The right-of-way can be an important issue in automobile accident cases.  It can be difficult for a plaintiff who fails to yield the right-of-way to recover compensation from the other driver.  A Washington appeals court recently reviewed a case in which the plaintiff was hit by an oncoming vehicle as the plaintiff attempted to turn left in Colburn v. Trees. The accident occurred when the plaintif...

  • Contempt of Court for Property Damage in Washington Divorce

    Emotions run high during divorce, and sometimes unfortunately the parties will try to hurt each other.  When a party to a divorce intentionally damages property or wastes the couple’s assets, the other party may seek a remedy through the court. In the recent case of In re Marriage of Fellows, a Washington appeals court reviewed an order for contempt of court against a wife who allegedly damaged th...

  • Waste, Separate Property, and Deviation from the Standard Calculation in Washington Divorce

    High-asset divorces are very complex and difficult matters.  It is not uncommon for one party to allege the other has either wasted or hidden assets.  Additionally, the standard calculation may not be an equitable way to determine the appropriate amount of support, so the court has some discretion to deviate from the standard if it considers the appropriate factors and makes findings of fact. A W...

  • Washington Appeals Court Finds Exclusion Appropriate Remedy for State’s Failure to Disclose Witness

    In Washington criminal cases, the prosecution must disclose upon written demand the names and addresses of the people it “intends to call as witnesses . . .” and any expert witnesses it intends to call at trial, if that information is within its knowledge, possession, or control.  The Washington Court of Appeals recently considered whether it was permissible for the State to wait until the day of ...

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