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3 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Copyright for Washington on
Q: is there a place I can find open source data for documents involved in a case's document discovery process?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 8, 2023

No. Discovery requests are not filed as a public record, unless, and only to the extent that, the same are controverted and a protective order is sought. The same is true of documents produced in response to discovery requests. Only after culling, and if a judge permits, are documents produced... Read more »

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1 Answer | Asked in Traffic Tickets and Criminal Law for Washington on
Q: Trip permit violation

I bought a new car and the dealership gave me a fraudulent trip permit. I then got pulled over and sited with trip permit violation usage.

Antone Alfred Weber
Antone Alfred Weber
answered on Apr 5, 2023

Of course the dealership is not going to admit to a criminal violation, even if they gave you an invalid trip permit. (Trip permit or temp license? What is the actual charge?) Were they also going to send in to DOL for the Title and plates as well, or were you? Do you have any proof that you... Read more »

2 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: i want to trademark for clothing brand called chosen or chosen one. is this possible?

i see that there are many companies that all have the same name trademarked, many companies have "chosen one" or "chosen" trademarked. how does this work? does this mean i can also make a brand called chosen and get it trademarked?

Felicia Altman
Felicia Altman
answered on Apr 5, 2023

Only one same or similar trademark can be registered in a class of goods and/or services. In order to find out if your brand/ trademark is available in the required class of goods/services you should consult a trademark attorney or service company. A quick trademark search can be conducted to... Read more »

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2 Answers | Asked in Trademark and Intellectual Property for Washington on
Q: i want to trademark for clothing brand called chosen or chosen one. is this possible?

i see that there are many companies that all have the same name trademarked, many companies have "chosen one" or "chosen" trademarked. how does this work? does this mean i can also make a brand called chosen and get it trademarked?

James L. Arrasmith
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answered on Apr 6, 2023

It is possible to trademark a clothing brand called "Chosen" or "Chosen One," but it is important to consider whether there are existing trademarks that could cause confusion with your brand.

When evaluating a trademark application, the United States Patent and Trademark...
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3 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Washington on
Q: I want to know what I could do to make my Idea safe? It’s Build a Bong, similar to today’s Build a Bear but this is 420.

Do I need patent?

N'kia (NLN)
N'kia (NLN)
answered on Apr 1, 2023

Generally speaking, "patent" applies to inventions; "trademark" applies to names, taglines, logos, and other things that identify the source of a specific product or service; "copyright" applies to original works of authorship; and "trade secret" applies to... Read more »

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3 Answers | Asked in Copyright, Patents (Intellectual Property) and Trademark for Washington on
Q: I want to know what I could do to make my Idea safe? It’s Build a Bong, similar to today’s Build a Bear but this is 420.

Do I need patent?

James L. Arrasmith
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answered on Apr 2, 2023

Protecting your idea for "Build a Bong" can be done through various means, including filing for a patent or trademark, or keeping it as a trade secret.

If you want to prevent others from making, using, selling or importing your invention, then you may consider applying for a...
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1 Answer | Asked in Employment Law, Admiralty / Maritime and Business Law for Washington on
Q: Can a captain charge deckhands for gear/supplies as he deems fit?

Normal deductions are food/fuel. The following are extra.

2 examples.

A captain from another boat needs to borrow a grapple hook. With the captains permission a deckhand takes the hook to the other boat and helps with the task. The hook is accidentally left on the other boat and... Read more »

Brent Bowden
Brent Bowden
answered on Mar 27, 2023

I think the answer depends on how the crew is being paid. It is also potentially not a WA answer if the work is being done in Alaska.

In WA, an employer cannot charge an employee for broke/lost equipment unless it was an intentional or dishonest act that caused it to be lost/broken. I...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Washington on
Q: Who's responsible to survey property before building fences. Contractor or home owner?

My neighbor had a contractor build a fence on our property line and says it's not his fault if it's on my property. Says he did not need to survey because the contractor is licensed and bonded and can't break the law. I hired a surveyor and proved the fence is on my property and now... Read more »

Brent Bowden
Brent Bowden
answered on Mar 27, 2023

The property owner is ultimately liable for their fence and where it was placed. They may have a claim against the contractor if the contractor was supposed to verify the boundary, but I have never seen a fence contractor take responsibility for the survey or location.

There are a lot of...
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1 Answer | Asked in Employment Law and Employment Discrimination for Washington on
Q: What's the average compensation due to victim for wrongful termination due to retaliation for seeking internal transfer?

I have proof of retaliation.

Brad S Kane
Brad S Kane
answered on Mar 21, 2023

First, each wrongful termination case is very fact specific, there is no "average" compensation standard.

Second, more important, an employee seeking a transfer is not a legally protected right that would support a retaliation claim unless it is motivated by hostility toward to...
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1 Answer | Asked in Family Law and International Law for Washington on
Q: How do you know if your under RCW26.26A.415? Is there a list? WA

Also how does relate to

Family Law for foreign nationals?

James L. Arrasmith
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answered on Mar 19, 2023

RCW 26.26A.415 is a section of the Washington State family law statutes that deals with parenting plans and child custody agreements. It provides guidelines for the court to consider when creating a parenting plan or child custody agreement, including factors such as the child's age, the... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: I’m in Washington State and my employer says no one is allowed to discuss wages, is that legal?

I work in a senior living facility and I recently learned I was being paid a significant amount less than the other receptionists. I discussed my pay with my boss and she did give me a raise, but made it clear I am not allowed to discuss pay with other employees. She said it is a written rule in... Read more »

Brad S Kane
Brad S Kane
answered on Mar 18, 2023

According to the Department of Labor and Industries,

Employers cannot prohibit employees from disclosing, comparing, or discussing their wages or the wages of other employees. Wage non-disclosure agreements for employees are prohibited....
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2 Answers | Asked in Immigration Law for Washington on
Q: Hi, my spouse and I have our I-485 marriage based interview coming up tomorrow after applying for adjustment of status l

We do not have original copies of the forms we submitted to USCIS, however, should we refill those forms out to bring? They would not exactly match the ones we submitted though and the date wouldn't be right.

James L. Arrasmith
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answered on Mar 19, 2023

It's important to bring all necessary documents to your I-485 marriage based interview to demonstrate your eligibility for adjustment of status. This includes any forms you submitted to USCIS as part of your application.

If you don't have the original copies of the forms,...
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2 Answers | Asked in Immigration Law for Washington on
Q: Hi, my spouse and I have our I-485 marriage based interview coming up tomorrow after applying for adjustment of status l

We do not have original copies of the forms we submitted to USCIS, however, should we refill those forms out to bring? They would not exactly match the ones we submitted though and the date wouldn't be right.

Lilia  Alcaraz
Lilia Alcaraz
answered on Mar 15, 2023

It’s great to hear you're preparing for your adjustment of status interview. While it's always best to have all of your original documents with you, don't worry if you don't have them all. Just take what you have available with you to the interview. The USCIS officer... Read more »

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1 Answer | Asked in Constitutional Law and Criminal Law for Washington on
Q: Hi, when on bail and report once a week to police station do you still need to report if you attend court the same day
James L. Arrasmith
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answered on Mar 11, 2023

If you are on bail and required to report to a police station once a week, you would generally still be required to attend your scheduled report date even if you also have a court appearance on the same day. This is because the court appearance is a separate requirement from your bail conditions.... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Washington on
Q: Americans with disabilities act

My husband retired from 22 years of military service then decided to become a police officer as his second career. His disability percentage is still pending from the military. He has passed all testing (Physical, physical fitness, poly, psych eval) and has been hired by the city. He was told... Read more »

James L. Arrasmith
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answered on Mar 11, 2023

Under the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against employees or job applicants on the basis of disability. This includes disability discrimination in hiring, pay, promotions, benefits, and other employment terms and conditions.

If your...
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1 Answer | Asked in Criminal Law and Civil Rights for Washington on
Q: What is the first step in withdrawing my plea?

I found an email between my lawyer and prosecutor. Don't know why he sent them to me but the prosecutor says my speedy date is set to run out before my trial date. Him and my lawyer both ignored it. I later signed a plea a year later due to my public defender needing time to look at the case... Read more »

Patrick Owen Earl
Patrick Owen Earl
answered on Mar 11, 2023

If you entered a guilty plea before the end of your outside date, with the assistance of counsel and there was a written statement that you agreed made you guilty of the crime you plead guilty to it would be very difficult to get the court to allow the withdrawal of your guilty plea.... Read more »

2 Answers | Asked in Immigration Law for Washington on
Q: Can I get a remote job outside the US while being on a student visa in the US?

Is a remote job within the scope of positions and international student (F1) can take while being in the US?

James L. Arrasmith
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answered on Mar 11, 2023

According to the regulations of the United States Citizenship and Immigration Services (USCIS), international students on an F1 visa are generally allowed to work on-campus for up to 20 hours per week while school is in session, and full-time during breaks and holidays. However, off-campus work... Read more »

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1 Answer | Asked in Social Security for Washington on
Q: Am I eligible for Disabled Adult Child Under SSDI? Or should I apply for SSI?

I am 23, and my disabilities are: Generalised Anxiety Disorder, Social Anxiety disorder, Major Depressive Disorder, and ADHD. These have prevented me from working at all and I have remained dependent on my recently deceased father who has worked in his life, was elderly and was on SSDI before he... Read more »

James L. Arrasmith
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answered on Mar 4, 2023

Based on the information you provided, it sounds like you may be eligible for Disabled Adult Child (DAC) benefits under SSDI. DAC benefits are available to individuals who became disabled before the age of 22 and have a parent who is deceased, disabled, or retired and receiving Social Security... Read more »

1 Answer | Asked in Employment Law for Washington on
Q: I was put on "salary" can I charge over time?

I was working 84hrs a week 7weeks straight no days off, I was told 2500 manage office, then I ended up doing full housekeeping n laundry service too. can I charge over time and for different dutties? And he wants charge me rent now. And keeps changing my pay for those 7 weeks.

Brad S Kane
Brad S Kane
answered on Mar 3, 2023

In Washington state, the 2023 minimum salary for exempt employees working for small employers (1-50 employees) is 1.75 times the minimum wage. That means an employee exempt from overtime pay must earn at least $1,101.80 a week ($57,293.60 a year).

For large employers (51 or more employees),...
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2 Answers | Asked in Employment Law, Health Care Law and Medical Malpractice for Washington on
Q: What If I work for a medical facility and find that other employees are committing malpractice and doing illegal things?

If the company that hires me are negligent in their training programs and do not train staff properly, and I notice other employees committing crimes and doing things against policy and procedures, is there legal action I can take against them?

Brad S Kane
Brad S Kane
answered on Feb 28, 2023

You can file a complaint with the appropriate regulatory agency or notify your employer of the activities that you believe in good faith to be illegal. If you do so, your employer is legally prohibited from retaliating against you for whistleblowing.

At the same, you would be wise to seek...
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