Washington

  • May 15, 2024

    Monsanto's $23M False Ad Deal Challenged At 9th Circ.

    Counsel representing a certified class of Missouri consumers urged the Ninth Circuit on Wednesday to reverse Monsanto's nationwide $23 million settlement resolving consumer false ad claims over risks associated with its Roundup weedkiller, arguing that Monsanto hid the settlement from the Missouri plaintiffs and that the class is effectively "getting absolutely nothing."

  • May 15, 2024

    Buchalter Starts Fintech And AI Practice With New Seattle Hire

    Buchalter PC announced that it hired the former chief legal officer at mortgage-focused fintech company Sagent as a Seattle-based shareholder and chair of its newly launched fintech and artificial intelligence practice group.

  • May 14, 2024

    9th Circ. Denies Tribes, Enviro Groups' Power Line Stay Bid

    The Ninth Circuit has denied an emergency request by two Native American tribes and a couple of conservation groups to stay an Arizona federal judge's order that allows work to continue on a $10 billion power line.

  • May 14, 2024

    Seattle Public Defender's $7M Employment Win Wiped Out

    The Washington Court of Appeals on Tuesday ruled a former King County public defender could not bring a hostile work environment claim over a client's harassing behavior that persisted after she stopped representing him, erasing her $7 million jury win.

  • May 14, 2024

    RFK Jr. Fights Uphill To Get Vax Censorship Block At 9th Circ.

    A Ninth Circuit panel appeared skeptical Tuesday of granting Robert F. Kennedy Jr. an injunction in his case alleging Google violated his First Amendment rights by removing certain YouTube videos doubting the safety of the COVID-19 vaccines, with two judges saying his arguments lack evidence.

  • May 14, 2024

    Wash. Biz Groups Say EPA Water Regs Impossible To Follow

    Washington state industry groups are urging a D.C. federal judge to strike down the U.S. Environmental Protection Agency's water quality standards for the state, claiming the federal agency based its calculations on historic tribal fish consumption rates and landed on pollution limits "so stringent that compliance cannot even be measured, much less achieved."

  • May 14, 2024

    Boeing Jury To Sift Through Failed Electric Jet Partnership

    Washington-based Zunum Aero Inc. was soaring in 2017 when The Boeing Co. invested millions to propel development of a hybrid-electric or all-electric jet that the startup boasted could make air travel greener, faster and cheaper.

  • May 14, 2024

    Amazon Owes Atty Fees Plus $525M IP Bill, Cloud Co. Says

    After an Illinois federal jury determined that Amazon owes $525 million for infringing three of Kove IO's patents relating to cloud data storage technology, the Chicago software company asked a judge Tuesday to add $180 million in interest, while also arguing Amazon owes attorney fees for its surprise trial tactics.

  • May 14, 2024

    Christian Org. Staves Off Same-Sex Bias Trial With $120K Deal

    A Christian nonprofit has agreed to pay a Washington job candidate $120,000 to avoid a damages trial on claims it refused to hire her because she was in a same-sex marriage, though it said it would appeal the liability finding against it.

  • May 14, 2024

    Amazon Rips 'Misleading' Claims Execs Destroyed Evidence

    Amazon on Monday opposed the Federal Trade Commission's and state attorneys generals' allegations that founder Jeff Bezos and other executives used the encrypted app Signal to destroy evidence in their high-stakes Washington federal court antitrust fight, arguing that the executives' use of the app is legitimate and that the plaintiffs' motion is "misleading."

  • May 14, 2024

    9th Circ. Rejects Bid For Full Rehearing In Oak Flat Dispute

    The Ninth Circuit on Tuesday rejected a bid by an Apache nonprofit for a full judge en banc rehearing in an effort to block a copper mining company from destroying an Indigenous religious site in central Arizona known as Oak Flat, setting up the case for a U.S. Supreme Court appeal.

  • May 14, 2024

    Insurer Files Another Suit Over Firm's Malpractice Coverage

    After dropping a complaint in Washington federal court seeking a declaration that it does not have to indemnify Harris Sliwoski LLP for potential malpractice liability related to a $31 million judgment, Evanston Insurance Co. filed a similar action in New York on Tuesday.

  • May 14, 2024

    What's Behind 'Nuclear' Verdicts? Skeptical Juries, Attys Say

    Jurors becoming more skeptical of corporations are handing down sky-high verdicts, and trial attorneys say it's forcing a shift in the strategies they employ as they aim to score — or prevent — so-called nuclear verdicts.

  • May 13, 2024

    Whirlpool Service Plans Don't Guarantee Repairs, Suit Says

    Whirlpool Corp. violates Washington consumer protection laws by selling extended service plans that give the company the option to buy back broken appliances instead of fixing them, according to a proposed class action filed in federal court.

  • May 13, 2024

    Wash. Hospital Scores Exit In Facebook Privacy Suit, For Now

    A Washington federal judge has tossed a proposed class action accusing a Seattle-area hospital of sharing patients' confidential health information by using Facebook browser tracking tools, ruling on Monday the plaintiff has failed to show that her own private information was input into the website and shared with a third party.

  • May 13, 2024

    Feds Urge 9th Circ. To Allow Ex-MLBer's Reneged Plea At Trial

    An assistant U.S. attorney told a Ninth Circuit panel Monday that a jury should hear about a plea agreement former Los Angeles Dodgers star Yasiel Puig signed where he admitted lying to federal investigators about an illegal gambling operation even though he pulled out of the agreement.

  • May 13, 2024

    Enviro. Group Sues Feds To Stop Wash. Logging Project

    The Alliance for the Wild Rockies sued the U.S. Forest Service in Washington federal court on Monday in an effort to upend the agency's final decisions to proceed with the Sxwuytn-Kaniksu Connections Trail Project for failing to take a "hard look" at the project's impacts.

  • May 13, 2024

    Starbucks Sues La. Coffee Co. Over 'Nearly Identical' Logo

    Starbucks Corp. has accused a Louisiana-based coffee company in New York federal court of infringing its logo trademark with a "nearly identical" logo.

  • May 13, 2024

    Electric-Jet Startup Flouted Boeing Loan Deals, Judge Says

    A Washington state electric-jet startup breached its contracts with The Boeing Co. by not repaying $9 million in loans, a federal judge has ruled in an order rejecting an argument the loans were voided by the aviation giant's alleged theft of the startup's intellectual property.

  • May 13, 2024

    Kroger Says Wash. AG's Merger Suit Ignores Costco's Impact

    The Washington state attorney general's challenge to Kroger's proposed $24.6 billion acquisition of rival grocery giant Albertsons ignores key economic realities, the companies argued in recent state court filings, including fierce competition from Costco and other big-box retailers.

  • May 13, 2024

    Workers Want $775K In Atty Fees After Multistate Wage Verdict

    An attorney who secured a six-figure judgment in a multistate wage class action against an Apple-affiliated repair company has asked for more than $775,000 in fees, citing her opponents' "aggressive" litigation tactics and the significant risk she incurred in taking on the case.

  • May 13, 2024

    Justices Reject COVID App Makers' Last-Ditch Apple Appeal

    The U.S. Supreme Court dealt the latest blow Monday to app developers who've struck out at every turn on antitrust allegations over Apple's rejection of COVID-19-tracking and bitcoin apps, refusing to look at a Ninth Circuit's refusal to revive the lawsuit.

  • May 10, 2024

    Wash. Judge Doubles Hospital System's Penalty In Wage Case

    A Washington state judge has ordered a healthcare system to pay nearly $230 million to 33,000 workers, doubling the damages a jury awarded to the employees in April based on the company's "willful" violations of wage law.  

  • May 10, 2024

    Oil Giants Say Tribal Climate Change Row Must Stay Federal

    Several giant oil companies are fighting a bid by two Native American tribes to remand their consolidated case to state court, telling a Washington federal district court that the claims brought by tribes have always been governed by federal law.

  • May 10, 2024

    9th Circ. Splits PAGA Claims In Macy's Arbitration Fight

    Macy's can't compel arbitration of nonindividual claims in a worker's wage suit brought under California's Private Attorneys General Act, the Ninth Circuit ruled Friday, saying language in an arbitration pact prevents blending together different types of claims.

Expert Analysis

  • Court Clerk Error Is No Excuse For A Missed Deadline

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    Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.

  • Circuit Split Brews Over Who's A Securities Seller Under Act

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    A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Class Actions At The Circuit Courts: April Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.

  • 9th Circ. Arbitration Ruling Could Have Int'l Implications

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    In Patrick v. Running Warehouse, the Ninth Circuit's recent matter-of-fact invocation of an unusual California rule in a domestic arbitration context raises choice of law questions, and could make California law a strategic option for some international arbitration parties, says Jerry Roth at FedArb.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • 9th Circ. Ruling Puts Teeth Into Mental Health Parity Claims

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    In its recent finding that UnitedHealth applied an excessively strict review process for substance use disorder treatment claims, the Ninth Circuit provided guidance on how to plead a Mental Health Parity and Addiction Equity Act violation and took a step toward achieving mental health parity in healthcare, says Mark DeBofsky at DeBofsky Law.

  • Sorting Circuit Split On Foreign Arbitration Treaty's Authority

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    A circuit court split over whether the New York Convention supersedes state law barring arbitration in certain disputes — a frequent issue in insurance matters — has left lower courts to rely on conflicting decisions, but the doctrine of self-executing treaties makes it clear that the convention overrules state law, says Gary Shaw at Pillsbury.

  • Surveying Legislative Trends As States Rush To Regulate AI

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    With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • New Wash. Laws Employers Should Pay Attention To

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    The Washington Legislature ended its session last month after passing substantial laws that should prompt employers to spring into action — including a broadened equal pay law to cover classes beyond gender, narrowed sick leave payment requirements for construction workers and protections for grocery workers after a merger, say Hannah Ard and Alayna Piwonski at Lane Powell.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Questions Persist After Ruling Skirts $925M TCPA Award Issue

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    After an Oregon federal court's recent Wakefield v. ViSalus ruling that the doctrine of constitutional avoidance precluded it from deciding whether a $925 million Telephone Consumer Protection Act damages award was constitutionally sound, further guidance is needed on when statutory damages violate due process, says Michael Klotz at O'Melveny.

  • How DEI Programs Are Being Challenged In Court And Beyond

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    In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.

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