Washington

  • February 28, 2024

    SafeSport Cites 'Absolute Immunity' In Young Swimmer's Suit

    The U.S. Center for SafeSport on Wednesday asked a Washington federal court to dismiss a suit claiming the sexual abuse watchdog botched an investigation into purportedly false allegations of sexual misconduct, arguing that it has "absolute immunity" from suits challenging its eligibility decisions regarding young athletes.

  • February 28, 2024

    'You Gave Away Your Case': Crypto Win Wilts At High Court

    The U.S. Supreme Court on Wednesday leaned toward letting a technical tug-of-war continue in litigation accusing the cryptocurrency platform Coinbase Inc. of running a sketchy sweepstakes, as multiple justices suggested the Ninth Circuit overlooked key issues when it sided with aggrieved consumers.

  • February 28, 2024

    Sbarro Worker Appeals 'Prejudiced' Verdict On Rape Claims

    A former Sbarro employee asked the Ninth Circuit on Wednesday to order a retrial on her allegations that she was sexually assaulted multiple times by a manager and co-workers, claiming a jury verdict favoring the company resulted from a trial tainted by prejudicial assertions, improper evidence and defamatory comments toward her and her counsel.

  • February 28, 2024

    Binance Founder Against More Travel Limits, Floats UAE Trip

    Binance founder Changpeng Zhao has told a Washington federal judge he opposes prosecutors' motion for further travel restrictions and suggested, without explicitly asking, that he be allowed to see his family in the United Arab Emirates. 

  • February 28, 2024

    9th Circ. Revives Suit Over Google's Cell Data Use In Androids

    The Ninth Circuit on Wednesday partially revived a putative class action by Android users accusing Google of illegally using their cellular data allotments to transmit information back to itself, finding they plausibly allege Google's "unauthorized transfer" could block customers from using data they purchased from their carriers.

  • February 28, 2024

    Tilray Can't Get Exec's $4M Arbitration Award Tossed

    Cannabis company Tilray Brands Inc. can't evade a nearly $4 million arbitration award to a former executive it fired, a federal judge ruled, saying the company's arguments for why the Washington district court should have jurisdiction over a Minnesota arbitration are "wrong on all counts."

  • February 28, 2024

    Amazon Sat On Texts In Alexa Recording Suit, Users Says

    Plaintiffs accusing Amazon of illegally recording them with Alexa devices say the tech giant kept text messages from employees out of discovery, alleging while the company claimed to have never reviewed any texts as part of the suit, a former executive admitted his devices had been scanned. 

  • February 28, 2024

    9th Circ. Says DOL Can Use Las Vegas Data For Nev. Wages

    The Ninth Circuit has said the U.S. Department of Labor was legally able to use data for a higher-paid Nevada region when it sorted out prevailing wages in the state, turning down a bid by three construction industry-related organizations to consider geographic limitations for wages.

  • February 28, 2024

    Enviro Orgs Sue EPA Over Factory Farm Water Pollution Regs

    Green groups are pushing the Ninth Circuit to revive their petition asking the U.S. Environmental Protection Agency to craft new, stronger Clean Water Act regulations for the large animal feeding facilities they call "sewerless cities."

  • February 28, 2024

    Wash. Man Accused Of Killing, Selling Eagles To Plead Guilty

    One of two men accused of conspiring to kill federally protected bald eagles and golden eagles on tribal lands in northwest Montana to sell on the black market has entered a plea agreement, court records show.

  • February 28, 2024

    Alaska Airlines Says Religion Didn't Factor Into Worker Firings

    Alaska Airlines is urging a Washington federal judge to toss two Christian flight attendants' claims that they were pushed out of work due to bias against their religious beliefs by the company and their union, saying they were actually fired because they expressed their beliefs in a discriminatory manner.

  • February 28, 2024

    Seattle Convention Center's Virus Losses Not Covered

    A Seattle convention center operator is not owed coverage for pandemic-related business interruption losses, a Washington federal judge ruled, finding that although the governor's emergency pandemic proclamations prohibited access to the convention center, they weren't issued because of physical loss or damage to the property.

  • February 27, 2024

    Amazon Hit With Copyright Suit Over 'Road House' Reboot

    The writer behind the 1989 movie "Road House" sued Amazon Studios LLC on Tuesday in California federal court, alleging the company ignored his copyright for the screenplay and rushed to finish the movie before the rights reverted to him by using artificial intelligence.

  • February 27, 2024

    CARES Act Not For Violent Tenants, Court Says, Creating Split

    A Washington appellate panel said Monday that the CARES Act eviction notice only applies to tenants who are late on rent, not when landlords want to quickly oust violent tenants, in an opinion that differs from a recent ruling from another state appellate panel.

  • February 27, 2024

    Wash. Judge Asks If COVID 'Fire Sale' Should Impact Tax Plan

    A Seattle city attorney asked a Washington state appeals court on Tuesday to let the city keep a $160 million special property tax in place to fund waterfront improvements, as one judge questioned during oral arguments whether diminished property values post-pandemic should make the city recalculate the tax.

  • February 27, 2024

    Wash. Judges Likely To Let Public Defender Keep Workplace Win

    A King County public defender who won a $7 million workplace harassment judgment against her bosses after she was stalked by a client found a receptive appeals panel Tuesday, as the Washington state judges pressed the county to explain how they could unwind a jury's factual findings.

  • February 27, 2024

    Netflix Keeps Win Over '13 Reasons' Suicide Suit At 9th Circ.

    A Ninth Circuit panel on Tuesday refused to revive a proposed class action alleging Netflix Inc. contributed to a spike in child suicides by pushing its "13 Reasons Why" series about a young girl's suicide onto vulnerable teenagers, saying the lead plaintiff's estate waited too long to sue.

  • February 27, 2024

    Salmon Fishing Mitigation Effort Is Absent, Green Group Says

    Conservation group Wild Fish Conservancy told the Ninth Circuit the district court did not abuse its discretion in "narrowly partially vacating" an incidental take statement underpinning a Chinook salmon troll fishery in southeast Alaska, saying the overarching biological opinion is inconsistent with the Endangered Species Act.

  • February 27, 2024

    Vape Supplier Asks 9th Circ. To Toss $892K Award

    A vape company that supplies products for use with cannabis is asking the Ninth Circuit to overturn a district court decision affirming an $892,000 arbitration award against it in a distributor's contract dispute, saying the district court ignored evidence of fraud.

  • February 27, 2024

    Ore. City Urges High Court To Revive Homeless Camp Ban

    An Oregon city urged the U.S. Supreme Court to overturn a Ninth Circuit ruling that its ban on camping in public spaces violated homeless residents' Eighth Amendment rights, arguing that the court's ruling impermissibly immunizes some conduct from all punishment.

  • February 27, 2024

    New Fuel Terminals Ban Doesn't Discriminate, Judge Says

    An Oregon federal judge has recommended the dismissal of a lawsuit in which Montana and a collection of fuel industry groups are challenging a ban on new oil and gas terminals in Portland, Oregon, saying there's no evidence the ban unconstitutionally discriminates against out-of-state companies.

  • February 26, 2024

    Amazon Loses Round In Suit Over Subscription Renewals

    Amazon must face claims in a proposed class action that its automatic renewal for Prime, Kindle and other services violates California and Oregon consumer laws, according to a Washington federal judge who said Monday that it was unclear if the retail giant did enough to make it easy to cancel after a free trial.

  • February 26, 2024

    Clement, Prelogar Odd Bedfellows In Social Media Showdown

    After GOP-led states targeted perceived stifling of conservative voices on social media, Monday's oral arguments at the U.S. Supreme Court could have featured predictable partisan fissures. But the case instead illustrated that legal ideology in the digital age is sometimes surprising.

  • February 26, 2024

    EPA Must Act On Failed Skagit River Temps Plan, Tribe Says

    The Swinomish Indian Tribal Community said it plans to sue the U.S. Environmental Protection Agency for Endangered Species Act violations unless it revisits a failed Washington state plan to address high water temperatures in the Lower Skagit River Basin that are harming protected salmon species.

  • February 26, 2024

    Fed. Circ. Affirms Freshub Didn't Lie To Revive Patent App

    The Federal Circuit on Monday upheld a Texas federal court's ruling that Amazon's Alexa voice assistant didn't infringe voice-processing system patents owned by Freshub and that Freshub didn't use nefarious means to obtain those patents.

Expert Analysis

  • Tools To Fight Delay From Arbitrability Appeals After Coinbase

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    The U.S. Supreme Court's recent Coinbase v. Bielski decision mentioned a series of procedural tools litigants facing an automatic stay due to a Section 16(a) appeal can use to mitigate resulting harms and costs from the delay, and counsel should weigh the potential benefits and risks of these options, say Glenn Chappell and Spencer Hughes at Tycko & Zavareei.

  • High Court's Tribal Water Rights Ruling Steadies The Boat

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    The U.S. Supreme Court's recent ruling in Arizona v. Navajo Nation — concerning the federal government's obligations to help secure tribal access to water — overturns a Ninth Circuit decision that could have undermined existing state adjudication processes and unleashed a wave of tribal water rights claims, say attorneys at Perkins Coie.

  • Immigration Program Pitfalls Exacerbate Physician Shortages

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    Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • 9th Circ. Gap Ruling Creates Split On Forum Selection Clause

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    The Ninth Circuit recently held in Lee v. Fisher that a forum selection clause in Gap's bylaws requiring all derivative claims to be brought in Delaware state court is enforceable, but since the Seventh Circuit struck down a similar clause in Boeing's bylaws last year, Supreme Court review may be on the horizon, say attorneys at Davis Polk.

  • The Case For Quantifying The Impact Of 'Dark Patterns'

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    Recent lawsuits alleging that Amazon and Audible used so-called dark patterns to deceive customers show that federal agencies and consumers are actively challenging such conduct, and quantifying its impact on purchase decisions is an important step toward using an evidence-based approach for determining the appropriate level of deterrence, say economists at Brattle.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Keep Up With Telemarketing Compliance: State Law Roundup

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    As more states enact mini-Telephone Consumer Protection Acts to seemingly fill the "autodialer" void left by the U.S. Supreme Court's Facebook v. Duguid ruling, compliance will become a difficult game of whack-a-mole — some of the laws regulate equipment, while others restrict to whom calls can be made, and more, say attorneys at Blank Rome.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • 9th Circ. Expands TCPA Standing, Narrowing Defenses

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    While the Ninth Circuit's recent Hall v. Smosh Dot Com decision expands Telephone Consumer Protection Act standing, companies defending TCPA claims should watch the district court's ruling on remand for a potential narrow exception where a third-party user consents to contact for a number on the do-not-call registry, say attorneys at Duane Morris.

  • The Supreme Court Is At War With Itself On Extraterritoriality

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    The U.S. Supreme Court recently issued two conflicting pronouncements about the presumption against extraterritoriality without acknowledging the tensions between these decisions, which leaves lower courts, practitioners and potential defendants in the dark, says Jonah Knobler at Patterson Belknap.

  • Blunders That Made 'Bakked' Cannabis TM Go Up In Smoke

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    The Trademark Trial and Appeal Board’s recent denial of National Concessions Group’s application to register the mark “BAKKED” illustrates mistakes that cannabis companies must be wary of in pursuing federal registration as examiners may look beyond the four corners of an application, say attorneys at Seyfarth.

  • Level Up Lawyers' Business Development With Gamification

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    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

  • Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

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    In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

  • 4 Legal Issues Grant-Funded Broadband Projects May Face

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    The Biden administration's recently announced funding allocations represent the largest ever government investment in broadband internet infrastructure, but these new development opportunities will require navigation of complicated and sometimes arcane legal environments, says Casey Lide at Keller & Heckman.

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