waconsumerlaw

Washington courts have jurisdiction to make an initial child custody determination based upon the following considerations: (1) Washington is the home state of the child on the date of commencement of the proceeding; (2) A court of another state does not have jurisdiction; and: (a) The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with Washington other than mere physical presence; and (b) Substantial... Read Full Story

In the State of Washington, a domestic violence criminal offense which is found to be a part of a pattern of ongoing physical, psychological or sexual abuse may form a basis for an exceptional sentence above the standard range.  See RCW 9.94A.535(3).  The State must prove that multiple incidents of abuse have occurred over a long period of time and that the charged crime(s) qualify as “domestic violence.”  The defendant is entitled to have a jury reach a verdict on this specific factor... Read Full Story

In United States v. Mann, 389 F.3d 869 (2005), the Ninth Circuit Court of Appeals concluded that defendants’ possession of firearms in a locked safe inside of truck parked at campsite where methamphetamine was being manufactured was not “in furtherance of” drug trafficking offense; the key to the safe was kept in the area of the campsite in which defendants slept; and the guns were not easily accessible in an area where drugs were manufactured and stored. Read Full Story

The United States District Court for the E.D. of New York concluded that that several of the defendants’ sentences were too high and disproportionate to the crimes committed and the backgrounds of the defendants.  The defendants were charged with selling crack cocaine and possessing guns.  In U.S. v. Bannister, 2011 WL 1113591 (E.D.N.Y.), the Court noted that had the defendants been raised by cohesive, adequate families, most of the difficulties they enountered would probably have never come... Read Full Story

The United States Supreme Court in Pepper v. U.S., 131 S. Ct. 1229 (2011), held that a federal district court may consider post-sentencing rehabilitation at resentencing, reversing the Eight Circuit, which had held that courts were categorically precluded from considering such information. Read Full Story

From The Sacramento Bee: UC Davis Doctor With Brain Injury After Accident Is Awarded $18.3 Million: Liu was out for an early-morning jog when she was struck by a southbound motorist July 6, 2007, while crossing Freeport Boulevard at Vallejo Way in Land Park. The collision left the one-time internist suffering from aphasia. The injury caused by lack of oxygen to the brain severely restricted the speaking ability of the woman who finished tops in her medical school graduating class at Emory... Read Full Story

From The Sacramento Bee: UC Davis Doctor With Brain Injury After Accident Is Awarded $18.3 Million: Liu was out for an early-morning jog when she was struck by a southbound motorist July 6, 2007, while crossing Freeport Boulevard at Vallejo Way in Land Park. The collision left the one-time internist suffering from aphasia. The injury caused by lack of oxygen to the brain severely restricted the speaking ability of the woman who finished tops in her medical school graduating class at Emory... Read Full Story

A recent FTC report should come as no surprise to consumers who have been dealing with abusive bill collectors .  According to FTC Annual Report 2011: Fair Debt Collection Practices Act , “…the FTC received more complaints about debt collection than any other single industry. Specifically, the agency received 140,036 debt collection complaints in 2010, up from 119,609 complaints in 2009.” ABC News documented some examples of abusive collection practices, such as “threatening people’s... Read Full Story

Many consumers struggle financially due to the economic crisis.  Job loss or medical expenses can cause people to fall behind on credit card payments, leading to debt collection .  Now, some debt collectors are going to the extreme, and some struggling consumers are being jailed for debt.  In Washington, debt collectors have been “abusing Washington’s existing law by improperly arresting borrowers.” Read Full Story

Suzuki recently recalled around 1,350 QuadSport ATVs due to reports of regulator/rectifier failure.   No injuries have been reported, but the chance of regulator failure increases the crash risk.  The US Consumer Product Safety Commission recommends that consumers stop using Suzuki QuadSport ATVs immediately and contact their nearest Suzuki dealer for free repair. Read Full Story