Blair & Kim, PLLC, 215 NE 40th Street, Seattle, WA (2026)

08/31/2023

A student at a private university in New York recently filed suit against the university due to its alleged failure to accommodate his disability during a Title IX investigation. According to the complaint, the plaintiff enrolled in the university through a program for intellectually and developmentally disabled students (“Program”). The plaintiff alleged that he was notified of several complaints filed against him on October 6 and 7, 2022. ...

A student at a private university in New York recently filed suit against the university due to its alleged failure to accommodate his disability during a Title IX investigation. According to ...

08/28/2023

To succeed in an entrapment defense, a Washington criminal defendant must show that the “criminal design” originated with law enforcement or someone acting under law enforcement’s direction and the defendant was induced to commit a crime he otherwise did not intend to commit. It is not sufficient for the defendant to show that law enforcement provided him an opportunity to commit the crime. ...

To succeed in an entrapment defense, a Washington criminal defendant must show that the “criminal design” originated with law enforcement or someone acting under law enforcement’s direction and ...

08/20/2023

Washington postsecondary educational support may be ordered when a child is dependent and relies upon the parents for reasonable necessities. The court has discretion in ordering postsecondary educational support. RCW 26.19.090 provides a non-exclusive list of factors to be considered. A mother recently challenged a court’s denial of her motion for postsecondary educational support for her son after the court had awarded such support for her daughter a few years earlier....

Washington postsecondary educational support may be ordered when a child is dependent and relies upon the parents for reasonable necessities. The court has discretion in ordering postsecondary ...

08/08/2023

Young siblings sometimes scuffle, but they usually are not charged with a Washington crime as a result. A teenager recently challenged a guilty adjudication for fourth degree assault arising from an altercation with his younger sister. According to the appeals court’s opinion, which relied primarily on the juvenile court’s unchallenged findings, the sixteen-year-old juvenile had recently had surgery and was weak and had lost weight. ...

Young siblings sometimes scuffle, but they usually are not charged with a Washington crime as a result. A teenager recently challenged a guilty adjudication for fourth degree assault arising ...

07/31/2023

The Connecticut Supreme Court recently concluded a university disciplinary proceeding arising from a sexual assault allegation was not quasi-judicial and therefore did not afford the complainant with absolute immunity for the statements she made during the proceeding. According to the court’s opinion, “Jane Doe” accused the plaintiff of sexual misconduct in disciplinary proceedings conducted by the Ivy League university they both attended. ...

The Connecticut Supreme Court recently concluded a university disciplinary proceeding arising from a sexual assault allegation was not quasi-judicial and therefore did not afford the complainant ...

07/31/2023

The U.S. Supreme Court held in Caniglia v. Strom that the “community caretaking” exception to the warrant requirement did not extend to a residence. The Washington Supreme Court has recently considered application of that holding in a Washington criminal case. According to the opinion, a deputy went to a home after 911 received a call that a caregiver had not come to work that morning....

The U.S. Supreme Court held in Caniglia v. Strom that the “community caretaking” exception to the warrant requirement did not extend to a residence. The Washington Supreme Court has recently ...

07/26/2023

A court issuing a Washington domestic violence protection order (“DVPO”) must also order the surrender of fi****ms, dangerous weapons, and concealed pistol licenses. The restrained person must file a proof of surrender and receipt or a declaration of nonsurrender within five days. RCW 9.41.804. The restrained person must prove by a preponderance of the evidence that they have surrendered all dangerous weapons....

A court issuing a Washington domestic violence protection order (“DVPO”) must also order the surrender of fi****ms, dangerous weapons, and concealed pistol licenses. The restrained person must ...

07/13/2023

Property in a Washington divorce is generally characterized as of the date was acquired, but the date of acquisition alone does not determine its character. The court must consider whether the property was acquired by community or separate funds. Additionally, spouses may agree to convert property that otherwise would have been separate property. A husband recently challenged a trial court’s characterization of certain assets and expenditures....

Property in a Washington divorce is generally characterized as of the date was acquired, but the date of acquisition alone does not determine its character. The court must consider whether the ...

06/29/2023

A Title IX complaint can result in severe consequences, including loss of scholarships and dismissal from school. A former student recently sued his military college after he was expelled for alleged sexual misconduct. The plaintiff, identified in the unpublished Fourth Circuit opinion as John Doe, was a student at a state-incorporated military college in South Carolina. A female student filed a complaint accusing him of sexual misconduct. ...

A Title IX complaint can result in severe consequences, including loss of scholarships and dismissal from school. A former student recently sued his military college after he was expelled for ...

06/28/2023

Washington law recognizes “committed intimate relationships,” (“CIRs”) and allows courts to equitably distribute property when people separate after living together in a marriage-like relationship and acquiring property that would have been considered community property if they were lawfully married. In determining if a CIR existed, courts consider a number of factors, including the parties’ intent, the length of the relationship, whether the parties cohabited continuously, whether they pooled their resources for joint projects, and the purpose of the relationship. ...

Washington law recognizes “committed intimate relationships,” (“CIRs”) and allows courts to equitably distribute property when people separate after living together in a marriage-like ...

06/22/2023

Washington domestic violence protection orders (“DVPOs”) protect abused spouses, romantic partners, and family and household members. The court may order the DVPO for a fixed period of time, in many cases, one year. The petitioner may seek a renewal of the DVPO and, under current RCW 7.105.405, the petitioner does not have a burden to prove they have “a current reasonable fear of harm....

Washington domestic violence protection orders (“DVPOs”) protect abused spouses, romantic partners, and family and household members. The court may order the DVPO for a fixed period of time, in ...

Blair & Kim, PLLC

08/31/2023

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