Washington

  • January 23, 2024

    PG&E Beats $2.5B Negligence Suit Over Blackouts At 9th Circ.

    A Ninth Circuit panel on Tuesday affirmed the dismissal of a $2.5 billion proposed class action seeking to hold PG&E liable for blackouts allegedly caused by maintenance issues with its electrical grid after the California Supreme Court clarified that state law shields the utility from facing liability during emergency blackouts.

  • January 23, 2024

    Wash. Firm Must Face Suit Over Lost $1M Escrow Fund

    A Spokane, Washington, firm must face claims that it mishandled $1 million of investor funds, a federal judge in the Evergreen State has determined, saying that although the investors were not law firm clients, "pleadings are sufficient to establish that plaintiffs' injury plausibly would not have occurred but for the acts and omissions of defendants."

  • January 23, 2024

    Initiative To Repeal Wash. Capital Gains Tax Gets Certified

    A ballot initiative that would repeal Washington state's controversial tax on capital gains has been certified by Washington's secretary of state and will now go to the state Legislature, the secretary of state's office announced Tuesday.

  • January 23, 2024

    College Wants 9th Circ. Opinion In $1.5M Fraud Coverage Spat

    A for-profit college that settled with the U.S. government after being accused of stealing money meant to fund veterans' education asked the Ninth Circuit to weigh in after a California federal court said its insurer didn't have to cover nearly $1.5 million in connected investigation defense costs.

  • January 23, 2024

    Workers Want Atty Sanctioned For Trying To Duck Judgment

    A group of workers who won roughly $840,000 in back wages and damages asked a North Carolina federal court to sanction their employer's attorney for leveling what they described as baseless attacks against their counsel and to deny the company's bid to escape the unpaid wage judgment.

  • January 23, 2024

    ​​​​​​​'Two-Step' Bankruptcies Abuse Law, AGs Tell Justices

    Attorneys general from 24 states and the District of Columbia told the U.S. Supreme Court on Monday that divisional mergers that manufacture jurisdiction for bankruptcy purposes shouldn't be allowed, writing in an amicus brief that Georgia-Pacific asbestos unit Bestwall employed the tactic to shield the parent from liability.

  • January 23, 2024

    Applicants Can't Sue Under Wash. Pay Law, Aaron's Says

    Rent-to-own products retailer Aaron's has urged a Washington federal judge to toss a job seeker's lawsuit alleging the company ran afoul of a new state pay transparency law by omitting salary details from a job posting, arguing the suit can't stand because the applicant was never hired.

  • January 23, 2024

    Split 9th Circ. Revives Nurse's Disability Benefits Suit

    A divided Ninth Circuit panel has reinstated a nurse's lawsuit alleging an insurer wrongly denied her long-term disability benefits, saying a prior suit she brought against the company — which resulted in her winning short-term benefits at trial — doesn't get in the way of the current one.

  • January 22, 2024

    Ex-Seattle Law Prof. Says Univ. Spread False Racism Claims

    A former visiting professor at the Seattle University School of Law has lobbed a defamation suit against the private university in Washington state court, claiming it failed to set the record straight after an investigation did not substantiate anonymous student allegations that he spouted racist, sexist and anti-LGBTQ remarks.

  • January 22, 2024

    Boeing Owes Ex-IP Manager $75K For Retaliation, Judge Says

    A Washington federal judge on Monday awarded a former Boeing intellectual property manager $75,000 in non-economic damages, finding that the company retaliated against him for speaking up against the poor treatment of other workers while also concluding the plaintiff was owed much less than the $750,000 or more he sought.

  • January 22, 2024

    Seattle Hospital To Blame For Children's Suffering, Jury Told

    A father testified to a Washington state jury on Monday that a Seattle hospital's mistakes exposing his infant daughter to dangerous mold during open-heart surgery forced her into treatment that made her unrecognizable, kicking off a bellwether class trial.

  • January 22, 2024

    Eufy Avoids Part Of Facial Data Privacy Suit

    An Illinois federal judge has pared down a proposed class privacy suit targeting security camera brand Eufy, limiting both the number and scope of claims accusing the camera maker of engaging in "corporate voyeurism" by storing consumers' facial recognition data.

  • January 22, 2024

    Officer's Conduct A Departure From BIA Policy, 9th Circ. Told

    The Bureau of Indian Affairs has said that despite one of its former officer's "reprehensible abuse of authority" in sexually assaulting a Northern Cheyenne woman, the federal government isn't responsible for his actions because it was a clear departure from any conduct authorized by his employer.

  • January 22, 2024

    Anesthesiologists Want Quick Ruling On Medicare Calculation

    Four anesthesia practices are asking a federal court to expedite resolution of a complaint in which the providers say a merit-based methodology for calculating Medicare rates will cost them almost $4 million in reduced reimbursements in 2024.

  • January 22, 2024

    NHL's Kraken Say Plaintiff Has No Shot In Trademark Suit

    The NHL's Seattle Kraken have asked a Washington federal judge to toss a trademark suit accusing the team of stealing the "S" logo of a historic Seattle hockey team, saying the lawsuit was lodged by a resentful plaintiff seeking to pressure the franchise into a "future business deal."

  • January 22, 2024

    Anti-Trans Groups Defend Washington Shelter Law Challenge

    Two anti-trans groups suing the state of Washington in Seattle federal court defended on Monday their parental rights challenge to a new state law that gives shelter to teens seeking gender-affirming care and reproductive health services, arguing in response to a dismissal bid that their challenge seeks to preserve constitutional protections, not block access to healthcare.

  • January 22, 2024

    CoStar Rival Urges 9th Circ. To Revive Counterclaims

    Commercial Real Estate Exchange Inc. pressed the Ninth Circuit on Friday to revive antitrust counterclaims characterizing commercial real estate information firm CoStar's original copyright suit as part of a broader campaign to sue rival CREXi "into submission."

  • January 22, 2024

    Amazon Wants Class Claims Cut From Pay Bias Suit

    Amazon has asked a Washington federal court to strike class claims from a suit alleging its pay policies violate female workers' anti-gender discrimination rights, arguing the potential class includes supervisors who would have enforced the policies at issue, as well as people lacking protection under Washington state law.

  • January 22, 2024

    Lockton Can Proceed With Poaching Suit Against Rival

    A Missouri federal court has kept alive insurance brokerage Lockton's lawsuit accusing its former higher-ups of conspiring with California-based competitor Alliant in a poaching scheme, saying the competitor cannot escape a forum-selection clause that was in the former elites' contracts.

  • January 22, 2024

    Supreme Court Skips Review Of Seattle Tenant Check Law

    The U.S. Supreme Court declined Monday to take up a challenge to a Seattle law barring landlords from asking tenants about their criminal records and taking adverse action against them based on their answers.

  • January 22, 2024

    Justices Pass On TM Fight Over National Shipping Jurisdiction

    The U.S. Supreme Court on Monday declined to review a case where the Ninth Circuit held that Amazon resellers could be sued in Arizona for trademark infringement because the businesses shipped their products nationally.

  • January 19, 2024

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 55 Practice Group of the Year awards among them, steering some of the largest deals of 2023 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 19, 2024

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

  • January 19, 2024

    Activision Investors Can't Revive Suit Over #MeToo Probes

    The Ninth Circuit on Friday backed the dismissal of a proposed class action alleging that Activision Blizzard's CEO caused the game giant's stock to drop by downplaying scrutiny into the company's allegedly sexist workplace, saying it didn't show the executive anticipated the probes to have a significant impact on the business.

  • January 19, 2024

    Bungie Asks 9th Circ. To Uphold $4M Cheat Code Seller Award

    Video game developer Bungie slammed a cheat code seller on Friday for its Ninth Circuit appeal of a $4.4 million arbitration award, saying the entire challenge rested on a single objection the arbitrator properly sustained over the wording of one question during a three-day evidentiary hearing.

Expert Analysis

  • 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.

  • 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.

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