Washington

  • March 27, 2024

    9th Circ. Revives Claims Against Apple In Crypto Theft Row

    The Ninth Circuit on Wednesday partially reinstated a putative class action accusing Apple of misrepresenting the safety of its App Store after users' cryptocurrency was stolen from an app, finding that while a federal tech immunity law shielded Apple from an array of fraud and wiretapping claims, three consumer protection claims could move forward. 

  • March 27, 2024

    Tribes Want Climate Change Row With Oil Cos. In State Court

    Two Native American tribes urged a Washington federal court to remand their consolidated case against ExxonMobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 back to state court, arguing they've only asserted state-law causes of action.

  • March 27, 2024

    9th Circ. Urged To Rethink Arbitration Of Cathay Pacific Feud

    A couple left stranded in the Philippines during the height of the COVID-19 pandemic are urging the Ninth Circuit to reconsider its decision ordering them to arbitrate their breach of contract dispute with Cathay Pacific Airways under their pact with a third-party booking site.

  • March 27, 2024

    Idaho AG Won't Defend Abortion Stance, Confusing 9th Circ.

    The Idaho solicitor general insisted at a hearing before the Ninth Circuit Wednesday that the state's attorney general isn't "trying to be cute" by refusing to defend his expansive interpretation of Idaho's abortion ban in front of a baffled appellate panel.

  • March 27, 2024

    9th Circ. Judge Doubts Feds' Gambling Stance Matches Tribe's

    A Ninth Circuit judge pushed back Wednesday against a gambling company's argument that a particular Washington tribe did not need to be a part of its lawsuit over state gambling compacts, pointing out that the federal government is expected to balance competing interests — not necessarily mirror the tribes' position.

  • March 27, 2024

    On Deck In JPML: Baby Food, 23andMe Privacy, NCAA

    The Judicial Panel on Multidistrict Litigation's packed meeting Thursday in South Carolina will see the panel mulling consolidation of privacy litigation against 23andMe, claims of heavy metals in baby food, and scholarship-fixing claims by student athletes against the NCAA — and that's just for starters.

  • March 27, 2024

    9th Circ. Rejects Rust-Oleum's Bid To Sink Class Cert.

    The Ninth Circuit on Tuesday upheld the certification of a class of Rust-Oleum customers who are suing the company for allegedly greenwashing its degreaser products with the terms "non-toxic" and "Earth friendly."

  • March 27, 2024

    Bungie, YouTuber Settle False Copyright Infringement Suit

    An online gamer has settled a lawsuit filed by video game developer Bungie Inc. after a Washington federal judge ruled earlier this month that the gamer illegally posed as a company employee and reported Bungie fans' YouTube videos as copyright violations, according to a court order Wednesday.

  • March 27, 2024

    Meta Settles Fired Worker's COVID Vax Religious Bias Suit

    Facebook parent company Meta has agreed to settle a Washington federal suit brought by a former project manager who claimed he was illegally fired after refusing to be vaccinated against COVID-19 because of his religious beliefs.

  • March 26, 2024

    Consumers Push For New 9th Circ. Panel In Qualcomm Case

    Cellphone buyers are coming out strong against Qualcomm's request to have the same Ninth Circuit panel that vacated their class certification hear an appeal to revive the long-running antitrust litigation over the company's licensing practices, saying there is no reason for "meddling with the usual practice for assigning cases."

  • March 26, 2024

    9th Circ. Frees College From Off-Campus Rape Suit

    The Ninth Circuit says a Washington university does not need to face claims by a woman who was raped at an off-campus party during her freshman year, as it was expected to do following a state supreme court ruling in the school's favor. 

  • March 26, 2024

    9th Circ. Says Tanker Can't Be Used To Enforce $10M Debt

    The Ninth Circuit affirmed on Monday that a nearly 800-foot crude oil tanker could not be seized to enforce some $10 million in arbitral awards against a defunct gas shipping company, ruling that the plaintiffs couldn't prove the tanker's owner had helped to hide the shipping company's assets.

  • March 26, 2024

    Subaru Can't Duck Suit Over Starlink Infotainment Defect

    A New Jersey federal judge on Tuesday declined to throw out a proposed class action alleging the Starlink infotainment system in certain Subaru vehicles is defective, throwing out one plaintiff's state consumer protection claim, while allowing the remaining claims to go forward.

  • March 26, 2024

    Pilot HOA Tells Justices Rail Easement Clouds Airstrip Access

    An Alaska homeowners association made up largely of pilots has asked the U.S. Supreme Court to review a Ninth Circuit ruling granting a railroad full control of an easement jutting into an airstrip used by residents of a surrounding subdivision.

  • March 26, 2024

    9th Circ. Unsure Uber Can Dodge Suit Over Slain Driver

    A pair of Ninth Circuit judges seemed to question Tuesday if Uber Technologies Inc. could avoid liability after a driver was murdered in a carjacking, with one judge asking if the law needed to catch up with new technology in a case where the company controlled information about the identity of riders.

  • March 26, 2024

    Starbucks Settles Worker's Suit Alleging Manager Groped Her

    Starbucks Corp. has settled a lawsuit with an employee who alleged her reports of groping and harassment by a manger resulted in a retaliatory investigation, stunting her career with the coffee chain.

  • March 26, 2024

    Fishers Say Tire Cos. Can't Escape Salmon ESA Suit

    Fishing groups are fighting tire companies' attempt to dismiss an Endangered Species Act suit over the use of a rubber additive known as 6PPD, which harms salmon, telling a California federal judge the companies are trying to delay accountability.

  • March 26, 2024

    Boeing Can't Exit Wash. Worker's Birth Defect Suit

    A Washington state judge has declined to throw out a lawsuit accusing Boeing of exposing a factory worker to chemicals that caused birth defects in his child, after casting doubt last month on the company's assertion it had no legal duty to protect employees' future children from foreseeable harm.

  • March 26, 2024

    Greens Sue NRC Over Delayed Diablo Canyon Inspections

    The U.S. Nuclear Regulatory Commission violated federal law when it rejected community and environmental groups' request for a public hearing over allegedly outdated inspections at Diablo Canyon, California's last remaining nuclear power plant, the groups told the Ninth Circuit on Monday.

  • March 26, 2024

    Wash. Appeals Court Reinstates Nurse's Sex Harassment Suit

    A trial court jumped the gun when it tossed a lawsuit from a nurse who said a University of Washington-owned air ambulance outfit transferred her after she complained about sexual harassment, a state appeals court ruled, saying a reasonable jury could find in her favor.

  • March 26, 2024

    K&L Gates Adds Ex-Suncor Atty To Energy Team In Seattle

    K&L Gates LLP has announced it is expanding its environment, land and natural resources practice capabilities in Seattle with the addition of a seasoned partner with two decades of diverse environmental policy experience including private practice, in-house and government work.

  • March 25, 2024

    Boeing Called Out For 'Circular' Logic In Love-Triangle Murder

    A Washington federal judge suggested on Monday that it would be unfair to let Being avoid liability in the early stages of a case involving a love-triangle among workers that ended in murder, calling the argument against allowing litigation to move forward "circular."

  • March 25, 2024

    COVID 'Cure' Claims Can't Sustain Fraud Suit, 9th Circ. Rules

    A biopharmaceutical company's "enthusiastic" statements to Fox News and others about a potential COVID-19 cure do not amount to fraud and cannot sustain a shareholder lawsuit accusing the company and its top executives of deceiving the market by pretending that a breakthrough was much more consequential than it actually was, the Ninth Circuit ruled on Monday.

  • March 25, 2024

    Wash. Asks Judge To Undo Block Of ICE Detention Center Law

    Washington Gov. Jay Inslee has urged a federal judge to reconsider a recent ruling halting the state from conducting unannounced inspections and imposing new health and safety standards at an immigration detention facility, saying the decision "rests on legal error."

  • March 25, 2024

    Kroger Says Sweetened Merger Deal Will Sink Antitrust Doubts

    Kroger told a Colorado state judge Monday that it plans to "enhance" its $24.6 billion Albertson's merger to satisfy federal and state regulators, a plan it did not yet describe in detail and that Colorado said it has not seen.

Expert Analysis

  • 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.

  • 5 Ways Firms Can Rethink Office Design In A Hybrid World

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    As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

  • A Midyear Look At How AI Is Affecting Lawyers

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    The past six months have been a notable period for advancements in artificial intelligence and generative AI, and as we head into the second half of the year, we must review the implications that AI has for the legal industry, including how lawyers will be advising clients on use of AI technology, says Natasha Allen at Foley & Lardner.

  • New Law Will Upend Washington's CBD Industry

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    Though many questions remain on a Washington law set to go into effect this month that will require retailers to obtain licensure to sell federally legal CBD, the statute’s economic impacts are sure to be enormous, says Jack Scrantom at Harris Bricken.

  • False Ad Snapshot Shows Risks Of Geographic Origin Claims

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    A look at recent and historical cases involving deceptive use of geographic origin descriptors show that companies proclaiming they are American, but that sell products originating from outside the U.S., could be at risk under unfair competition laws or Federal Trade Commission enforcement, say attorneys at Carlson Gaskey.

  • Opinion

    Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • Review Of Repatriation Tax Sets Justices On Slippery Slope

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    The U.S. Supreme Court’s recent decision to review the constitutionality of the repatriation tax in Moore v. U.S. has implications for many tax rules involving unrealized amounts and could leave the court on the brink of invalidating large swaths of the Internal Revenue Code, say attorneys at Eversheds Sutherland.

  • 'Equal Harassment' Is No Shield Against Title VII Claims

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    The Ninth Circuit’s decision in Sharp v. S&S Activewear, rejecting an employer's claim that it did not create a sexually hostile work environment because the misogynist music it played offended all workers equally, reminds companies that they can face Title VII liability even when misconduct does not target a specific group, says Laura Lawless at Squire Patton.

  • As Biometric Privacy Laws Grow, Cos. Must Up Transparency

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    As more states begin to introduce biometric privacy legislation, it's imperative for businesses collecting biometric data to proactively address prior notice, disclosure, collection and deletion directives, say attorneys at K&L Gates.

  • RICO Ruling Makes US More Attractive Foreign Creditor Forum

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    The U.S. Supreme Court's decision in Yegiazaryan v. Smagin, allowing a foreign plaintiff to use the Racketeer Influenced and Corrupt Organizations Act to enforce a foreign arbitral award, will make judgment creditors more likely to seek out U.S. courts to remedy efforts to frustrate the enforcement of international arbitration awards, say attorneys at Paul Hastings.

  • An Evil Bear May Provide High Court TM Ruling Clarification

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    The U.S. Supreme Court’s recent ruling in Jack Daniel's v. VIP Products leaves unanswered questions about the intersection of the First Amendment and trademark rights, which may be answered by the reconsideration of a dismissed case involving Disney and Lotso the bear from “Toy Story 3," say attorneys at Bracewell.

  • Piecing Together The Blockchain Evidentiary Hurdles

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    There are common challenges to introducing blockchain evidence at trial and a lack of uniformity in evidentiary codes at the state and federal levels means litigants must carefully navigate the uncertain blockchain puzzle, says Brett Sager at Ehrenstein Sager.

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

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