Washington

  • March 07, 2024

    Wash. Appeals Panel Won't Revive Workers' Vaccine Bias Suit

    A Washington state appeals court refused Thursday to revive a disability bias suit alleging a hospital system unlawfully fired dozens of healthcare workers who did not get the COVID-19 vaccine, finding the workers' unvaccinated status didn't qualify as a disability under the law.

  • March 07, 2024

    Monsanto, Seattle Spar Over Guardrails For Possible PCB Trial

    Monsanto Co. and Seattle are wrangling over evidentiary matters in the city's suit over PCB pollution in the Lower Duwamish Waterway, with each side asking a Washington federal judge to impose limits for a possible trial that's currently set for September.

  • March 06, 2024

    Wash. High Court Takes Up Nu Skin Distributor Dispute

    The Washington State Supreme Court will review whether a contract clause forces Nu Skin Enterprises Inc. distributors to go to Utah to settle claims that the multilevel marketing company harms consumers and violates a Washington law against pyramid schemes.

  • March 06, 2024

    Meta Must Tackle Increased Account Hijackings, 41 AGs Say

    A bipartisan group of 41 attorneys general have urged Meta Platforms Inc. to tackle the "dramatic" increase in hackers taking over Facebook and Instagram accounts, saying the attacks have caused financial harm to victims and their families and friends.

  • March 06, 2024

    9th Circ. Refuses To Review Eddie Bauer False Ad Suit Revival

    The Ninth Circuit on Wednesday declined clothing brand Eddie Bauer's request for the full appellate court to revisit a split three-judge panel's decision to partially renew a proposed class action alleging its outlet store price tags exaggerated markdowns.

  • March 06, 2024

    USA Swimming Can't Avoid Botched Probe Suit, Parent Says

    A parent criticized USA Swimming for trying to dodge liability in a lawsuit saying her young son was vilified and humiliated by false sexual misconduct allegations, arguing the national swimming governing body can't claim immunity because another organization investigated the allegations.

  • March 06, 2024

    NTSB Chief Says Boeing Isn't Sharing Info In Blowout Probe

    The National Transportation Safety Board's chief told a Senate panel Wednesday that The Boeing Co. still hasn't provided information about the door plug that blew off a 737 Max 9 jet two months ago, fueling troubling new questions as Boeing faces multiple probes into its safety culture and quality control.

  • March 06, 2024

    Feds Resolve Immigrant Father-Son Border Separation Suit

    The U.S. government has finalized a settlement with a Guatemalan father and son to end a $6 million lawsuit alleging federal immigration officers forcibly separated them at the border and blaming the Trump administration's policies for the trauma the two suffered as a result, according to recent court filings.

  • March 06, 2024

    GEO Tries To Keep Immigration Site Inspection Suit In Fed Court

    Private prison operator GEO Group argued this week that the Washington state labor department's lawsuit accusing GEO of unlawfully turning away inspectors from an immigrant detention facility should stay in federal court since GEO was merely following U.S. Immigration and Customs Enforcement instructions.

  • March 06, 2024

    Wash. Business Can't Get Pot License Back After Eviction

    A Washington appeals court won't upend a decision from the state's Liquor and Cannabis Board revoking a company's cannabis license after it was evicted, finding this week that the decision was supported by the evidence in front of the board and wasn't arbitrary or capricious.

  • March 06, 2024

    BowFlex Gets OK For $25M DIP, Plans On April Sale

    A New Jersey bankruptcy judge on Wednesday gave BowFlex permission to draw on $25 million in Chapter 11 financing as the exercise equipment company heads for what it said will be an April asset sale.

  • March 05, 2024

    Coinbase Asks Judge To Ignore SEC Win Over 'Empty Chair'

    Coinbase on Tuesday told the New York federal judge who's refereeing a U.S. Securities and Exchange Commission enforcement action brought against the cryptocurrency exchange to disregard a default judgment in another SEC case that found certain crypto trades on public exchanges to be securities transactions.

  • March 05, 2024

    Wash. Court Says Dept. Jumped Gun On Weed Co. Wage Suit

    The Washington Department of Labor and Industries prematurely commenced a wage action against a cannabis company, state appellate judges ruled, because it had not yet determined how much the company owed its workers.

  • March 05, 2024

    Wash. Appeals Judges Balk At Pot Investor's 2nd Fraud Suit

    A three-judge panel of Washington state appeals court judges appeared frustrated Tuesday with an investor who permanently dropped a fraud case against partners in a failed cannabis venture but then filed related claims in a neighboring county, questioning how he could argue he needed to wait for the second salvo to ripen when an email explicitly states otherwise.

  • March 05, 2024

    Google Keeps Win In 'Lockbox' Privacy Suit At 9th Circ.

    A Ninth Circuit panel on Tuesday refused to revive a proposed class action alleging that Google's "Lockbox" program secretly collected information about Android owners' non-Google app use, saying Google clearly disclosed in its privacy policy that it tracks activity in third-party apps.

  • March 05, 2024

    Judges Unsure On Atty Sanctions In Robinhood Spam Suit

    Class counsel sanctioned $750,000 for helping instigate a spam text suit against Robinhood Financial likely engaged in "shenanigans," a Washington appeals judge said Tuesday, though a colleague on the bench questioned whether those sanctions should stick if Robinhood was nevertheless liable in the case.

  • March 05, 2024

    Dam Removal Delay Would Harm Fish, Wash. Tribe Says

    The Puyallup Tribe of Indians is urging a Washington federal judge to reject a hydroelectric company's bid to pause an order directing it to remove part of a temporary rock dam on the Puyallup River, saying any delay would harm protected salmon only to spare the company from its own self-inflicted problems.

  • March 05, 2024

    Amazon Workers Push For Class Status In Military Leave Suit

    Current and former Amazon employees urged a Washington federal court to grant them class status in their lawsuit accusing the company of demoting or firing workers who took time off for military leave, saying the 15,000 members of the proposed class have plenty in common.

  • March 05, 2024

    DC Circ. Won't Revive Timber Groups' Owl Habitat Suit

    The D.C. Circuit on Tuesday rejected West Coast counties' and a timber group's challenge to the Biden administration's decision to delay a now-scrapped Trump-era rule that would have reduced critical habitat area for the northern spotted owl by almost 3.5 million acres.

  • March 05, 2024

    BowFlex Maker Files For Bankruptcy With $67M Debt

    The makers of the BowFlex exercise machine filed for Chapter 11 protection in New Jersey bankruptcy court late Monday with more than $67 million in debt and a $37.5 million purchase offer.

  • March 04, 2024

    Justices Try To Shroud Differences With Trump DQ Ruling

    The U.S. Supreme Court issued a purportedly unanimous decision Monday finding states cannot bar federal candidates from appearing on ballots, but a closer look at the justices' writings — and the opinion's metadata — reveals a sharp divide that court watchers say was papered over in an effort to preserve the court's institutional legitimacy.

  • March 04, 2024

    9th Circ. Rejects Abstention In Calif. Pot Permit Law Challenge

    A Ninth Circuit panel on Monday reversed and remanded a district court's decision to abstain from a challenge to Sacramento's social equity cannabis licensure program, saying even if a state court clarified the program's unambiguous residency requirements, it wouldn't change the outcome of the plaintiff's federal commerce clause claim.

  • March 04, 2024

    Insurer Wants Trade Secret Suit Dropped Sans Atty Fee Award

    A dental health insurer asked a Washington federal judge on Monday to toss its trade secret claims against an ex-executive without leeway for her to request legal fees, arguing that she can't be considered a winning party because she handed over a company laptop after being hit with the suit.

  • March 04, 2024

    What To Know About 9th Circ. Ruling On Tribe's Sacred Site

    A split Ninth Circuit ruling that a sacred tribal site in Arizona's Tonto National Forest can be transferred to a copper mining company is certain to be appealed to the U.S. Supreme Court by the San Carlos Apache Tribe, which contends that the decision effectively bulldozes a long-held worship site and ultimately denies the tribe's freedom of religious expression, despite the panel's skepticism of that claim.

  • March 04, 2024

    Full 9th Circ. To Review Mormon Church Tithe-Misuse Suit

    The Ninth Circuit has voted for en banc review of a panel decision reviving claims against the Mormon Church brought by a former member who alleged its leadership used his tithes to finance commercial projects after promising it would not do so.

Expert Analysis

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • Calif., Wash. Rest Break Waivers: What Carriers Must Know

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    The Federal Motor Carrier Safety Administration's recent invitation for petitions to waive its rules on meal and rest breaks for commercial drivers in California and Washington is an unusual move, and the agency's own guidance seems to acknowledge that its plan may face legal challenges, says Jessica Scott at Wheeler Trigg.

  • How Taxpayers Can Prep As Justices Weigh Repatriation Tax

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    The U.S. Supreme Court might strike down the 2017 federal tax overhaul's corporate repatriation tax in Moore v. U.S., so taxpayers should file protective tax refund claims before the case is decided and repatriate previously taxed earnings that could become entangled in dubious potential Section 965 refunds, say Jenny Austin and Gary Wilcox at Mayer Brown.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Retailers Face Compliance Issues As PFAS Regulations Grow

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    As per- and polyfluoroalkyl substance legislation, and the potential for litigation, continues to evolve and spread nationally, retailers should focus on supply chain management, inventory audits and maintaining strong internal standard operating procedures as a way to manage compliance and minimize risk, say attorneys at Dentons.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • 9th Circ. Ruling Shows Int'l Arbitration Jurisdictional Snags

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    While the Ninth Circuit sidestepped the thorny and undecided constitutional question of whether a foreign state is a person for the purposes of a due process analysis, its Devas v. Antrix opinion provides important guidance to parties seeking to enforce an arbitration award against a foreign sovereign in the U.S., say attorneys at Wiley.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • Upcoming High Court ADA Cases May Signal Return To Basics

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    Recent cases, including Acheson Hotels v. Laufer, which will be heard by the U.S. Supreme Court in October, raise a fundamental question of whether Americans with Disabilities Act litigation has spiraled out of control without any real corresponding benefits to the intended beneficiaries: individuals with true disabilities, says Norman Dupont at Ring Bender.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Prepping For OSHA Standard On Violence Risk In Health Care

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    Though the Occupational Safety and Health Administration has yet to create a new standard to address violence against health care workers, employers can prepare for coming federal regulatory changes by studying existing state rules and past OSHA citations, then taking steps to improve their safety programs, say attorneys at Ogletree.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • FTC 'Dark Patterns' Enforcement Signals Consent Theory Shift

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    The Federal Trade Commission's recent complaint against Amazon for using dark patterns to trick consumers signals a general trend in American jurisprudence of importing a European theory of consent, which could result in a more turgid digital experience, says Christian Auty at BCLP.

  • Wash. Class Actions Are Coming After My Health My Data Act

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    With its expansive scope and private right of action — including possible class actions — for damages, Washington state’s recently enacted My Health My Data Act will be the basis for a great deal of litigation, and companies should be mindful that plaintiffs will need to prove actual, monetary harm, says Tom Nolan at Quinn Emanuel.

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