Washington

  • March 11, 2024

    Souped-Up Mustangs Overheated After 10 Min., Fla. Jury Told

    A group of drivers suing Ford Motor Co. told a Florida federal jury on Monday that the carmaker misled them on the high-performance capabilities of the 2016 Shelby GT350 Mustangs they purchased, saying that the vehicles overheated after about 10 minutes of racing them on a track.

  • March 11, 2024

    Wash. Law Aimed At GEO's Migrant Facility Partially Barred

    A Washington federal judge has halted the state from conducting unannounced inspections and imposing new health and safety standards at an immigration detention facility, saying that a statute authorizing those actions unlawfully discriminates against GEO Group Inc., the facility's operator.

  • March 08, 2024

    2 Calif. Union Dues Cases Echo Janus Ruling, 9th Circ. Told

    An attorney for an anti-union think tank urged the Ninth Circuit on Friday to revive a pair of lawsuits alleging his public sector employee clients' constitutional rights were violated by union dues being collected against their will, likening the cases to the U.S. Supreme Court's landmark 2018 Janus ruling.

  • March 08, 2024

    Gun Group Shoots Blank Trying to Block Wash. Firearm Law

    A Washington federal judge on Friday shut down a gun trade group's efforts to block a new Washington state law seeking to hold gunmakers and sellers liable in some instances.

  • March 08, 2024

    Real Estate Cos. To Face Divvied Lease Price-Fixing Claims

    A Tennessee federal judge ruled that the claims of a nationwide lease price-fixing putative class action against multiple real estate companies and software company RealPage Inc. should be severed into four separate cases instead of dismissed.

  • March 08, 2024

    Union Urges Affirming Reinstatement Award Over Pot Test

    An aircraft mechanics union has asked a Washington federal judge to back an arbitration board's decision ordering Alaska Airlines to reinstate a unionized worker who testified positive for marijuana, saying the award was properly based on the parties' labor contract.

  • March 08, 2024

    Consumers Fight Dismissal Bids In Microsoft And OpenAI Suit

    Consumers who say their privacy was violated by Microsoft Corp. and OpenAI LP's products are urging California federal court not to dismiss their complaint, saying it clearly and in detail lays out the basis for their allegations.

  • March 08, 2024

    Feds, Tribes Say Marine Cos., DOT Polluted Duwamish River

    Two companies and Washington's transportation department would collectively pay about $275,000 to settle claims they polluted the Lower Duwamish River and Elliott Bay in Seattle under a proposed consent decree filed by the U.S. government, the Suquamish Indian Tribe of the Port Madison Reservation, the Muckleshoot Indian Tribe and Washington state.

  • March 08, 2024

    'It Erases Us': Sex Abuse Survivors Troubled By Wash. Bill

    Washington Gov. Jay Inslee is expected to sign into law a bill that eliminates time limits for bringing child sex abuse claims in the future, but survivors say they are disappointed by an amendment stripping the bill's retroactivity, saying the legislation doesn't go far enough to hold abusers accountable.

  • March 08, 2024

    Kaiser Doesn't Want To Underwrite Seattle Soccer Site

    Kaiser Foundation Health Plan says a real estate company is trying to make the health insurer "a de facto financier" of a massive development plan that includes a Seattle Sounders FC soccer training facility, according to a complaint filed in Washington state court.

  • March 08, 2024

    Judge Questions A La Carte Approach To Juice Tax Refunds

    Kroger and Safeway argued Friday that a plaintiff who accused them of illegally charging sales tax on juice could only seek refunds from a state agency, prompting a Washington appeals judge to ask whether customers would have to recoup payments "one juice box at a time."

  • March 07, 2024

    9th Circ. Gives Salvadoran Woman 2nd Chance At Asylum

    A Ninth Circuit panel unanimously ruled that the U.S. Board of Immigration Appeals must assess the Salvadoran government's ability to protect a woman facing deportation after seeking asylum, saying the agency had only determined that the government was willing to pursue her persecutors.

  • March 07, 2024

    USA Swimming Wants Watchdog Org To Pay For Probe Case

    USA Swimming filed a lawsuit in Colorado state court Thursday against a sports nonprofit seeking indemnification for a Washington lawsuit over allegedly false sexual misconduct accusations against a minor swimmer, arguing that the nonprofit should have to pay for the litigation because it bungled an investigation into the misconduct allegations.

  • March 07, 2024

    Wash. Justices Won't Hear Unions' Wage Clawback Case

    Washington's highest court has rejected three unions' request for justices to decide how private employers may respond when they erroneously overpay employees, clearing the way for a jury to hear the case contesting a healthcare system's wage clawback after its payroll system was hit by a cyberattack.

  • March 07, 2024

    Feds Look To Douse $48M Washington Ranch Wildfire Claim

    The federal government wants a Washington ranch's $48 million negligence suit alleging that the Bureau of Indian Affairs is liable for damages from a 2020 forest fire dismissed, saying that the plaintiff cannot argue that a smoldering pile of leaves and ash warrant jurisdiction under the Federal Tort Claims Act.

  • March 07, 2024

    9th Circ. Says Board Ignored Salvadoran's Testimony

    The Ninth Circuit has ordered the Board of Immigration Appeals to reconsider whether deporting a Salvadoran mother and daughter would expose them to state-condoned gang violence, faulting the board for "entirely" failing to address evidence that local police cooperated with gang members.

  • March 07, 2024

    CenturyLink Cut From Suit Blaming Utilities For Road Delays

    The city of Sammamish, Washington, has quietly dropped CenturyLink from a state court lawsuit accusing it, Comcast and other companies of causing millions of dollars in roadwork delays by failing to move their infrastructure in a timely manner.

  • March 07, 2024

    Dog Owner, Co. Can't Drop Claim From Pet Food Labels Trial

    A Washington federal judge won't let a dog owner and Champion Petfoods LP defer an unjust enrichment claim until after a trial scheduled to begin in April over allegations that the company misled consumers about the ingredients in its food.

  • March 07, 2024

    Supremacy Clause Bars Wash. Tax On FCC Lifeline Program

    The Washington State Supreme Court said Thursday that Assurance Wireless USA does not have to pay a state sales tax on funds it receives from a federal free-phone program, in a unanimous opinion that found the levy violates the constitutional ban on states taxing "instrumentalities" of the federal government.

  • March 07, 2024

    YouTuber's Fake Bungie Requests Violated DMCA, Judge Says

    A Washington federal judge agreed with video game developer Bungie on Wednesday that an online gamer broke the law when he posed as a company employee and reported Bungie fans' YouTube videos as copyright violations.

  • 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.

Expert Analysis

  • 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.

  • What Courts' Deference Preference Can Mean For Sentencing

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    The Fifth Circuit’s recent U.S. v. Vargas decision deepens the split among federal appeals courts on the level of deference afforded to commentary in the U.S. sentencing guidelines — an issue that has major real-life ramifications for defendants, and is likely bound for the U.S. Supreme Court, say Jennifer Freel and Michael Murtha at Jackson Walker.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • What To Watch As Justices Take Up Title VII Job Transfer Case

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    With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.

  • Opinion

    3 Principles Should Guide MTC's Digital Products Tax Work

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    As the Multistate Tax Commission's project to harmonize sales tax on digital products moves forward, three key principles will help the commission's work group arrive at unambiguous definitions and help states avoid unintended costs, say Charles Kearns and Jeffrey Friedman at Eversheds Sutherland.

  • What Justices' Pork Ruling Means For Interstate Cannabis

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    The U.S. Supreme Court’s recent National Pork v. Ross ruling added a new wrinkle to dormant commerce clause jurisprudence as the nation’s federal courts grapple with a novel paradox raised by interstate cannabis commerce, and pending appellate cases may shed additional light on these issues later this year, say Tommy Tobin and Andrew Kline at Perkins Coie.

  • How High Court Is Assessing Tribal Law Questions

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    The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Trends Emerge In High Court's Criminal Law Decisions

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    In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • It All Comes Down To Choice Of Law In Nazi-Looted Art Case

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    The Ninth Circuit's recent decision in a nearly 20-year ownership battle over a Nazi-looted painting shows the court lacked adequate guidance on how California's choice-of-law rule should be applied to stolen property and that the choice of law — between California or Spain — will likely determine whose claim to the painting prevails, says Kevin Ray at Greenberg Traurig.

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