Washington

  • January 30, 2024

    DOJ Backs Calif. In Worker Classification Fight At 9th Circ.

    A Ninth Circuit panel misunderstood U.S. Supreme Court precedent when it ruled that a California worker classification law wasn't rational, the U.S. Department of Justice has said, urging the full appeals court to flip the decision against Assembly Bill 5.

  • January 30, 2024

    SEC Tells 9th Circ. Crypto Law Firm Has No Claim To Bring

    The U.S. Securities and Exchange Commission told the Ninth Circuit on Monday that cryptocurrency-using law firm Hodl Law PLLC can't challenge the agency's digital asset enforcement policy because the firm's concerns about future harms are all hypothetical.

  • January 29, 2024

    Cash App Fights Proposed Class Action Over Text Referrals

    Block Inc., which operates mobile payment service Cash App, has asked a Seattle federal judge to toss a consumer's proposed class action alleging that the company's referral texts constitute "annoying and harassing spam texts."

  • January 29, 2024

    FTC Backs CoStar Rival's Counterclaims At 9th Circ.

    The Federal Trade Commission asked the Ninth Circuit on Friday to revive Commercial Real Estate Exchange Inc.'s antitrust counterclaims against commercial real estate information firm CoStar, warning that a district court's dismissal could impair the agency's probe of similar allegations as well as "meritorious cases against monopolists of all stripes."

  • January 29, 2024

    Phone Casino Game Maker Can't Seal CEO's Deposition

    A Washington federal judge refused Monday to seal parts of a deposition of High 5 Games LLC's CEO in a class action accusing the casino phone game developer of defrauding players, ruling that the company failed to show how public disclosure would cause "concrete harm."

  • January 29, 2024

    Ex-Exec Still Faces $175K FDIC Fine Despite Nixed Conviction

    A former Oregon bank executive whose conspiracy and fraud charges were vacated by the Ninth Circuit has returned to the appellate court, seeking a review of a Federal Deposit Insurance Corp. decision to maintain a civil fine in her administrative proceedings despite the vacatur.

  • January 29, 2024

    Ariz. Asks High Court To Review Off-Campus Title IX Liability

    Arizona is petitioning the U.S. Supreme Court to review the full Ninth Circuit's split decision that revived a former University of Arizona student's Title IX complaint concerning her claims of assault by a member of the school's football team, arguing clarification is needed on liability for off-campus incidents.

  • January 29, 2024

    No Need To Stop Salmon Fishing To Help Orcas, 9th Circ. Told

    Alaska, the U.S. government and a fishing trade group are all urging the Ninth Circuit to reverse a lower court ruling vacating an incidental take statement underpinning a Chinook salmon troll fishery in southeast Alaska, arguing the district court inflated questionable benefits to prey availability for endangered killer whales and failed to consider harms to Alaska communities.

  • January 29, 2024

    Satanic Temple, Ex-Members Agree To End Defamation Row

    The Satanic Temple said it has struck an agreement to end a lawsuit accusing former members of posting defamatory statements on Facebook, after the Ninth Circuit said it was unclear whether the case could overcome a legal doctrine that blocks courts from weighing in on a religious organization's beliefs.

  • January 29, 2024

    Amazon Can't Escape Streaming Patent Infringement Suit

    A California federal judge denied a bid by Amazon and its streaming platform unit Twitch Monday to toss a patent infringement suit over video streaming technology, saying the patent-at-issue isn't abstract and invalid but shows an improvement over prior inventions for computer functionality.

  • January 29, 2024

    DOJ Says Wash. Hospital Had Role In Spinal Surgeon Scandal

    A Tacoma, Washington-based hospital operator failed to address red flags that one of its doctors was performing unnecessary surgeries, instead earning millions of dollars from the neurosurgeon's dangerous misconduct by fraudulently billing the government for his work, federal and state prosecutors have alleged. 

  • January 29, 2024

    Amazon, IRobot Pull Plug On Deal Due To European Scrutiny

    Amazon and iRobot said Monday they have mutually agreed to terminate their $1.7 billion agreement for the tech giant to acquire the maker of Roomba robot vacuums, noting the deal has "no path to regulatory approval" in the European Union and calling it "a loss for consumers, competition and innovation."

  • January 26, 2024

    Ex-Child Care Worker's 'Hypothetical' Competition Claims Fail

    A Washington federal judge said she couldn't hear claims in a case accusing a child care company of hindering a former worker from landing outside nannying jobs, saying the plaintiff failed to point to any lost opportunities because of the employer's policies.

  • January 26, 2024

    9th Circ. Gives Immunity To Cop Who Disclosed Abuse Report

    The Ninth Circuit on Friday affirmed that a Clovis, California, police officer has qualified immunity in a suit alleging she disclosed to an alleged domestic abuser, a fellow officer, that the victim had filed a report, but, going forward, immunity would not apply in a similar case.

  • January 26, 2024

    Wash. Judge Doubts Jury Instruction Qualm In Worker's Case

    A Washington appellate judge expressed skepticism Friday of King County's attempt to avoid a jury's $2 million worker retaliation verdict, seemingly unconvinced of the county's argument that jurors were improperly instructed to weigh the actions of a manager who had no real say in the plaintiff's suspension.

  • January 26, 2024

    Google Disposes Of Web Conference Patent Suit

    A patent covering a type of "time-shifted web conferencing" asserted against YouTube's livestreaming brand has failed to hold up in a federal court in Washington.

  • January 26, 2024

    Monsanto Says High Court Ruling Can't Save Jury Award

    Monsanto has again urged an appellate court to reverse a nearly $200 million jury verdict for PCB poisoning, arguing the Washington Supreme Court's recent decision throwing out the state's 8-year limit on malpractice claims did not invalidate the state's products liability statute of repose.

  • January 26, 2024

    9th Circ. Says No Duty To Defend McKesson Opioid Suits

    An AIG unit and a Chubb unit have no duty to defend McKesson Corp. over claims it intentionally oversupplied opioids and inflamed the ongoing opioid epidemic, the Ninth Circuit ruled Friday, finding that the three underlying bellwether suits at issue "describe purely deliberate conduct."

  • January 26, 2024

    Painters Union's Trust Says Law Firm Owes It Medical Costs

    A painters union's trust that provides employee benefits has said in a new lawsuit that a plan participant and a Washington state personal injury law firm must reimburse it for medical expenses after they recovered more than $700,000 in damages from a pair of car crashes.

  • January 26, 2024

    Bosch Oven Suit Gets Early Approval On $2M Settlement

    A federal judge in Seattle has preliminarily approved a $2 million settlement in a suit alleging Bosch microwave ovens have a defect in which the control panel lighting fades over time, keeping customers from being able to use the appliance, an order in Washington federal court shows.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

  • January 26, 2024

    Landlords Want Justices To Weigh In On COVID Eviction Bans

    Two landlords have asked the U.S. Supreme Court to review a Ninth Circuit decision upholding the dismissal of their arguments that pandemic-era eviction bans in Washington and the city of Seattle were an unconstitutional taking under the Fifth Amendment.

  • January 26, 2024

    Calif. Pulls Challenge To $18M EEOC, Activision Deal

    The California Civil Rights Department has dropped its appeal of an $18 million sex harassment settlement reached between the U.S. Equal Employment Opportunity Commission and Activision Blizzard, ending a two-year turf war between the state and federal bias watchdogs.

  • January 25, 2024

    9th Circ. Forms AI Panel With Bradley Arant Atty As A Member

    The Ninth Circuit is forming a committee to guide the court on artificial intelligence issues, according to a Bradley Arant Boult Cummings LLP partner and member of the committee who spoke to Law360 about judicial efforts to address the emerging technology.

  • January 25, 2024

    High Court Arbitration Case May Raise More Questions

    A petition before the U.S. Supreme Court relating to whether federal judges can permit a party to immediately appeal a ruling compelling arbitration raises related issues that the justices may opt not to resolve, potentially resulting in a decision that only sows more confusion.

Expert Analysis

  • 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.

  • 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.

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