Washington

  • February 15, 2024

    Petition Watch: Classes, Litigation Changes & Fraud Theories

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed, including questions over how courts should analyze class certification bids and regulations restricting specific speech for content-neutral reasons, whether plaintiffs must reestablish standing after amending lawsuits, and what constitutes fraud.

  • February 15, 2024

    Wash. Judge Says Tribes Can Seek River Pollution Damages

    A Washington federal judge denied a Teck Resources Ltd. unit's bid for summary judgment on natural resource damages claims that the Confederated Tribes of the Colville Reservation and state of Washington lodged over decades of Upper Columbia River pollution from a smelter in Trail, British Columbia, setting up the matter for a possible trial.

  • February 14, 2024

    9th Circ. Open To Rebooting Suit Over Apple App Crypto Theft

    A Ninth Circuit panel appeared open Wednesday to reviving a putative class action alleging Apple misrepresented the safety of its App Store after users' cryptocurrency was stolen from an app, with two judges questioning why the allegations can't survive when Apple has consistently touted its security in separate antitrust litigation.

  • February 14, 2024

    Union Says Religion Not Behind Fired Flight Attendants' Posts

    Two Alaska Airlines flight attendants alleging they were terminated from their positions for their religious convictions after making online posts about gender identity should have to prove their discrimination claims at trial, their union said, arguing that the attendants' real motive for posting publicly was political.

  • February 14, 2024

    9th Circ. Skeptical Of Basis For LA's Pollution Coverage Args

    The Ninth Circuit appeared reluctant Wednesday to revive the City of Los Angeles' bid for environmental contamination coverage from a defunct boat repair company's insurers, probing the city's counsel on whether his arguments for coverage were at odds with the underlying factual record.

  • February 14, 2024

    Google 'Lockbox' Program Hid App Tracking, 9th Circ. Told

    Counsel for a group of Android phone users urged the Ninth Circuit on Wednesday to revive a proposed class action alleging that Google's "Lockbox" program secretly collected information about Android owners' non-Google app use, saying the tech giant's privacy policy on the data collection was ambiguous at best.

  • February 14, 2024

    Insurer Needn't Defend Landlord From Antitrust MDL

    A Washington state judge has ruled in favor of an insurer in a coverage dispute revolving around nearly 40 antitrust class action claims against landlords that have been combined into a multidistrict litigation case, finding that the insurer owes no defense coverage to an accused property manager.

  • February 14, 2024

    Google, Apple Users Ask 9th Circ. To Revive Video Data Fight

    Google and Apple consumers urged the Ninth Circuit Wednesday to revive separate proposed class actions alleging that the tech giants violated New York and Minnesota state statutes by unlawfully retaining personally identifiable information collected in connection with video streaming rentals, arguing both statutes create a private right of action.

  • February 14, 2024

    Phone-Maker Says T-Mobile Can't Hang Up On $100M Suit

    A mobile phone manufacturer suing T-Mobile over a canceled order for nearly 500,000 devices told a Washington federal judge the telecommunications giant is now seeking to escape $100 million in damages by leaning on an unsigned contractual provision.

  • February 14, 2024

    Fox News' Sorrento Report Takes Center Stage At 9th Circ.

    Counsel for Sorrento Therapeutics Inc. investors urged the Ninth Circuit on Wednesday to revive a securities suit alleging executives made misleading statements to Fox News about its COVID-19 research, prompting one judge to ask whether "you have to take things you hear on Fox News with a grain of salt."

  • February 13, 2024

    Indian Satellite Co. Wants Justices' View On US Courts' Purview

    The Ninth Circuit erred in ruling it had no jurisdiction over a commercial division of an Indian space agency and, therefore, could not enforce a $1.3 billion arbitral award, an Indian satellite company said in its request to stay the ruling while it takes the matter up with the U.S. Supreme Court.

  • February 13, 2024

    FTC's Monopolization Case Against Amazon Set For 2026 Trial

    A Washington federal judge has scheduled a bench trial in the Federal Trade Commission's landmark monopolization case against Amazon for early October 2026, according to an order issued Tuesday.

  • February 13, 2024

    Wash. Justice Worries Religious Rights Muscle Out Others

    A Washington Supreme Court justice raised concerns Tuesday over what she termed an "elevated" protected status for religious workers because doing so can "kick some civil rights laws to the side."

  • February 13, 2024

    Feds Want 'Free Pass' Out Of Climate Suit Trial, Youths Say

    Twenty-one plaintiffs suing to force the U.S. government to curb fossil fuel use and cut carbon emissions told the Ninth Circuit on Monday that the government's latest attempt to pause their lawsuit amounts to its shunning procedural rules and asking for "a free pass out of trial" not available to other people.

  • February 13, 2024

    Indian Pharma Co. Can't Get Fees In $950M COVID Vax Suit

    A Seattle federal judge has nixed an Indian generic-drug maker's bid for about $3 million in attorney fees after it prevailed in a biotherapy company's $950 million lawsuit accusing it of stealing its COVID-19 vaccine, saying the maker didn't convince him it spent extra money litigating the suit.

  • February 13, 2024

    USA Swimming Wants Out Of Suit Over Botched Investigation

    USA Swimming Inc. has said it did not take part in the U.S. Center for SafeSport's investigations into sexual abuse allegations and so it should be let out of a lawsuit accusing it and SafeSport of participating in a campaign to vilify a youth swimmer based on those accusations a school officer later found false.

  • February 13, 2024

    Boeing Hit With Bias Suit By Ex-Defense Division Attorney

    Boeing was hit with an employment discrimination suit in Washington state court from a former top attorney in one of the company's finance departments who alleged that she was fired because of her race after anti-Asian sentiment saw a rise during the COVID-19 pandemic.

  • February 13, 2024

    Stronger Evidence Needed In Asbestos Case, Panel Says

    A Washington man's evidence that his employer knew of the risk of getting mesothelioma from asbestos exposure at an aerospace company's plant didn't demonstrate the company had "actual knowledge" he was going to be injured, a state appellate panel has ruled.

  • February 13, 2024

    Biden Admin Drops Appeal Over Trump 'Conscience Rule'

    The Biden administration will not pursue a Ninth Circuit appeal of two lower court decisions that struck down Trump-era regulations addressing the conscientious objection rights of healthcare providers, citing new rules that moot the case.

  • February 13, 2024

    Wash. Justices Doubtful HR Manager Can't Be Served

    Washington state Supreme Court justices expressed skepticism Tuesday that a nursing home could evade a personal injury lawsuit because its human resources manager was served with the suit, questioning why she didn't fit on the broad list of the types of employees allowed to accept service.

  • February 13, 2024

    Kroger Says Its Past Shows Albertsons Deal Will Drop Prices

    Kroger has shared some statistics that it says show its merger with the country's second-biggest grocery chain, Albertsons, won't be a bad thing, pointing to evidence that prices usually drop at a grocery chain after being acquired by Kroger.

  • February 13, 2024

    Xerox's Pay Structure Is Hour-Based, Washington Judge Rules

    The pay method Xerox and several affiliates used to compensate call center workers can only be considered an hourly structure, a Washington federal judge ruled Tuesday, rejecting the companies' "obtuse failure" to recognize several rulings on the issue.

  • February 13, 2024

    Progressive Unit Sued Over Policy Nixed Before House Fire

    A Washington married couple sued a Progressive unit over up to $750,000 in coverage for losses stemming from a house fire, claiming the insurer unfairly canceled their policy before the blaze without properly notifying them in accordance with state law.

  • February 12, 2024

    Teradata Asks 9th Circ. To Revive SAP Antitrust, IP Claims

    Data analytics outfit Teradata urged the Ninth Circuit on Monday to revive its trade secret and tying claims against software giant SAP, saying a lower court judge wrongly excluded testimony from its expert economist and misconstrued agreements about confidentiality made when the two companies attempted a partnership.

  • February 12, 2024

    Tilray Slammed For 'Secret' Bid To Undo Exec's $4M Award

    A former Tilray executive accused the company of "cloak-and-dagger" legal maneuvering on Monday as she urged a federal judge to let stand her $4 million arbitration victory against the company, arguing that Tilray didn't even wait for her award to be finalized in Minnesota before running to a Washington court to void it.

Expert Analysis

  • The Key Laws Retailers Should Pay Attention To In 2024

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    2024 promises to be another transformative year for retailers as they navigate the evolving regulatory landscape, particularly surrounding data privacy and sustainability laws, meaning companies should make it a practice to keep track of new legislation and invest in compliance efforts early on, say attorneys at Benesch.

  • What's Ahead For Immigrant Employee Rights Enforcement

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    The U.S. Department of Justice’s increased enforcement related to immigration-based employment discrimination is coupled with pending constitutional challenges to administrative tribunals, suggesting employers should leverage those headwinds when facing investigations or class action-style litigation, say attorneys at Jones Day.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • Clean Water Act Jurisdiction Still Murky After A Choppy 2023

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    This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • Starbucks Raise Ruling Highlights Labor Law Catch-22

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    A National Labor Relations Board judge recently ruled that Starbucks violated federal labor law when it gave raises to nonunion employees only, demonstrating that conflicts present in workforces with both union and nonunion employees can put employers in no-win situations if they don't consider how their actions will be interpreted, say attorneys at Duane Morris.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Aviation Watch: Pilots Face Mental Health Catch-22

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    The recent case of an Alaska Airlines pilot who attempted to crash an airliner in flight highlights the dilemma facing federally licensed cockpit personnel who need psychological help, yet could lose their jobs if they seek it — but a long-running program may provide a solution, says Alan Hoffman, a retired attorney and aviation expert.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • 9th Circ. Ruling May Expand Short-Swing Profit Exemption

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    The Ninth Circuit’s recent dismissal of a shareholder derivative suit in Roth v. Foris Ventures LLC provides boards of directors with greater latitude to approve certain securities transactions under the the Securities Exchange Act’s Section 16(b) short-swing profits rule, say John Stigi and John Mysliwiec at Sheppard Mullin.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

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