Recent News

On June 20, 2013, the U.S. Supreme Court issued its opinion in American Express v. Italian Colors Restaurant, holding that contract agreements that require arbitration and prohibit class-action claims are enforceable under the Federal Arbitration Act (“FAA”), even when the potential recovery is overshadowed by costs of individual arbitration.  The 5-3 opinion, which was authored… Read More

On April 17, 2013, the Hon. Richard A. Jones issued an order dismissing the majority of the pled claims in Stillaguamish Tribe of Indians v. Nelson et. al. Case No. 2:10-cv-00327-RAJ (W.D. Wash) (the “Order”).  A complete copy of the Order can be found here: [wpdm_file id=1] In February 2010, Plaintiff, the Stillaguamish Tribe of Indians… Read More

You borrow money to buy or refinance your home.  Your lender takes a deed of trust on your home as collateral.  Some time goes by and you pay off the loan or refinance it with a new lender who also takes a deed of trust on your home as collateral.  More time goes by and… Read More

The Servicemember's Civil Relief Act (SCRA), an expansion of the former Soldiers' and Sailors' Civil Relief Act, protects active duty military service members.  The act is intended to postpone or suspend certain civil obligations to enable service members to devote full attention to duty and to relieve stress on the family members of those service… Read More

The Washington State Court of Appeals reversed the decision of the Superior Court granting a civil anti-harassment order against the appellant, which prohibited the appellant from the use and enjoyment, her real property.  The property, a beachfront home, was owned by several members of the same family, including the appellant.  Following a series of alleged… Read More

Most counties in Washington State require mediation in family law cases such as divorce or the establishment of a parenting plan prior to the case going to trial.  A bill has been introduced in the Washington State legislature, which requires mediation in all divorces involving children, except in certain circumstances. The typical mediation process involves… Read More

What happens to a 410k account in case of divorce in a same-sex marriage in Washington State? While the passage of same-sex marriage in Washington State conveyed all rights and responsibilities afforded opposite-sex spouses under state law, couples still do not enjoy the full benefits of married couples as provided under Federal law. One of… Read More

Just days after a Port Angeles man made national news by demolishing his neighbor’s home and flattening his neighbor’s truck, along with damaging several other homes, media outlets are reporting that the bulldozer-wielding man “was angry about a longstanding dispute over a property line and fence.” Lawyers at Beresford Booth have extensive experience in resolving… Read More

For a secured transaction under the Uniform Commercial Code (the “UCC”) starting on July 1, 2013, it is a lot.  It could mean the difference between success and failure.  Article 9 of the UCC (Article 9A in Washington) governs the creation of most security interests in personal property.  In most cases, a financing statement must… Read More