Washington

  • April 01, 2024

    9th Circ. Revives Janitor's Representative Wage Claims

    The Ninth Circuit reversed a district court's order that dismissed representative claims against janitorial franchiser Coverall North America Inc. under California's Private Attorneys General Act, saying a change in legal precedent allows nonindividual claims to stay in court while individual claims undergo arbitration.

  • April 01, 2024

    One Set Of Amazon Buyers Can't Cancel Later Antitrust Case

    Antitrust lawsuits against Amazon.com in New York and Washington federal court will remain separate after a New York federal judge refused Friday to let online shoppers in the earlier-filed Washington case intervene in — and junk — the other proposed class action filed two years later.

  • April 01, 2024

    Amazon's Disability Inclusion Efforts A Sham, Suit Says

    Amazon's stated commitments to disability inclusion are a sham, a California worker with cerebral palsy claimed in a proposed class action, saying the company gave him a warehouse gig despite his many warnings that he couldn't meet the job's physical demands.

  • March 29, 2024

    Bill Would Ease Native American Travel Across Canadian Border

    A bipartisan bill recently introduced in the U.S. House of Representatives would simplify the process for indigenous community members to cross the U.S.-Canadian border by eliminating a blood quantum requirement and allowing them to use tribal-issued identification as proof of membership in a federally recognized tribe.

  • March 29, 2024

    9th Circ. Critical Of Treasure Hunter's Insurance Appeal

    A Ninth Circuit panel expressed doubt Friday that a treasure hunter could get an insurer to pay him a $7.5 million settlement over a soured shipwreck salvaging expedition, suggesting his ex-partners' refusal to hand over vital maps was an intentional act to keep him from striking gold — not an accident covered by insurance.

  • March 29, 2024

    UK Photog Tells Judge Napster License Didn't Cover Original Art

    A British photographer told a Washington federal judge Friday that Napster's promotion of a reggae record infringed his copyright for the photo used on the album cover, arguing that even though he licensed the album art to a record company, the music streamer did not have rights to the photo itself.

  • March 29, 2024

    No Need To Revisit 'Cultural Resource' Ruling, Teck Argues

    A Teck Resources unit is urging a Washington federal judge to reject the Confederated Tribes of the Colville Reservation's request to reconsider an order dismissing its claims for so-called tribal service losses stemming from a smelter's Columbia River pollution, saying the tribe erroneously argues limitations on natural resource damages don't apply to tribes.

  • March 29, 2024

    Attys Dodge Sanctions Over Microsoft Word Error, Judge Rules

    An error in an attorney's Microsoft Word settings made sanctions against two firms for filing oversized briefs while representing High 5 Games in a consumer protection class action unnecessary, a Washington federal judge ruled Thursday.

  • March 29, 2024

    Off The Bench: Ohtani Woes, Va. Ends Arena Plan, Pac-12 Deal

    In this week’s Off The Bench, MLB superstar Shohei Ohtani tries to untangle himself from a gambling scandal, Virginia’s rejection sends two D.C. pro franchises back home, and the Pac-12 pays up to two schools that were left behind. If you were sidelined this week, Law360 will catch you up with the sports and betting stories that had our readers talking.

  • March 28, 2024

    NLRB Gets 1st Backing Of Starbucks Order In Circuit Court

    A split D.C. Circuit panel on Thursday enforced a National Labor Relations Board order finding Starbucks violated federal labor law by barring a worker from passing out union pins, marking the first time a federal appeals court has weighed in on a board decision against the coffee giant.

  • March 28, 2024

    Judge Rejects Amazon's Bid To 'Backpedal' In BIPA Suit

    A Delaware federal judge will allow more plaintiffs to join a proposed class action accusing Amazon of violating Illinois' Biometric Information Privacy Act by collecting their voice data during calls to a financial services provider without consent, overriding the tech giant's apparent attempt to backtrack on standing concerns by instead seeking summary judgment.

  • March 28, 2024

    Delta Allowed In-Flight Sexual Assault, Passenger Alleges

    Delta Air Lines failed in March to protect a passenger from her seatmate, an off-duty airline employee who has since pled guilty to groping her while she slept, according to a Thursday complaint in Washington state court that alleges flight attendants served the assailant alcohol after he was obviously drunk.

  • March 28, 2024

    Claims Trimmed In Trader Joe's Chocolate Heavy Metals Suit

    A California judge has dismissed five out of nine claims in a consolidated complaint alleging that Trader Joe's Co. misled consumers by failing to disclose that its dark chocolate bars contain heavy metals, finding that the complaint doesn't do enough to allege that the amounts are actually dangerous.

  • March 28, 2024

    Wash. Appeals Court Asked To Mull COVID Coverage Question

    A Washington state court has halted litigation over the University of Washington's bid for COVID-19 business interruption coverage from a Liberty Mutual unit, asking a state appeals court to first determine whether the presence of COVID-19 satisfies UW's policies' direct physical loss or damage requirement and if a contamination exclusion applies.

  • March 28, 2024

    9th Circ. Won't Let Cigna Patients Appeal Class Cert. Denial

    The Ninth Circuit won't let a group of Cigna plan participants immediately appeal a trial court's rejection of class status in their lawsuit accusing the insurance giant of unlawfully colluding with its billing contractor to underpay out-of-network claims for mental health treatments.

  • 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."

Expert Analysis

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Shopify Ruling May Support Personal-Jurisdiction Defenses

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    Litigators, cybersecurity practitioners and web-based entities should all take note of the Ninth Circuit’s recent ruling in Briskin v. Shopify, as it could lend significant support to personal-jurisdiction defenses, but such entities should still consider how their operations might tie them to certain states, say John Gray and Patrick McCormick at Lewis Roca.

  • After Headwinds, 2024 May See Offshore Wind Momentum

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    Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.

  • 5 Trends That Will Affect Food Litigation In 2024

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    In 2024, food and beverage companies are likely to continue to face threats of litigation relating to so-called forever chemicals, citric and malic acid, and ESG claims, but recent developments in case law have created potential avenues for defense, say Abby Meyer and Khirin Bunker at Sheppard Mullin.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • 10 Privacy Compliance Areas To Focus On In 2024

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    The fast pace of change in the cybersecurity realm means reactive approaches to new laws, regulations and enforcement actions are not effective ways to build or scale privacy programs, so companies should plan strategically and prepare for a few emerging risks and requirements in the first half of this year, says Sam Castic at Hintze Law.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • 9th Circ. Scienter Ruling May Strengthen FDA's Leverage

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    A recent Ninth Circuit decision in U.S. v. Marschall — regarding scienter and violations of the Federal Food Drug and Cosmetic Act — appears to give the U.S. Food and Drug Administration another arrow in its quiver to lob in the direction of any repeat offender, with potentially very broad applications, say Elena Quattrone and Zachary Taylor at Epstein Becker.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • 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.

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