Washington

  • April 02, 2024

    9th Circ. Urged Not To Create Dormant Commerce Split On Pot

    A Michigan resident and a California lawyer vying for one of Washington state's social equity cannabis licenses are urging the Ninth Circuit not to create a circuit split and to find that regulators' licensing scheme unconstitutionally discriminates against out-of-state players.

  • April 02, 2024

    Consumers Ask To Update Amazon Antitrust Claims

    Consumers seeking billions of dollars over allegations that Amazon's merchant contracts cause them to pay higher prices are asking a Washington federal court for permission to update their claims to include more details about the tactics the e-commerce giant allegedly used.

  • April 02, 2024

    9th Circ. Urged To Keep Live Nation 401(k) Suit In Court

    Ex-workers for Live Nation urged the Ninth Circuit on Tuesday to allow in-court proceedings for a suit alleging an employee 401(k) plan was mismanaged, arguing a lower court shouldn't have enforced an arbitration provision in retirement plan documents when individual plan participants did not consent.

  • April 02, 2024

    Palestinian Worker Says Gaza Sympathies Got Her Fired

    A consulting company unlawfully fired a Muslim Palestinian worker after she criticized an email from the CEO that expressed support for Israel and ignored the climbing death toll in Gaza, the worker told a Washington federal court.

  • April 02, 2024

    Daiichi Gets Award Nixing Seagen Cancer Drug Claims OK'd

    A Washington federal judge has refused to revive U.S. biotech company Seagen Inc.'s claims seeking billions of dollars in damages in a dispute with Japanese drugmaker Daiichi Sankyo Co. Ltd. over cancer drug patents, ruling that an arbitrator who tossed the claims did not disregard the law.

  • April 02, 2024

    Qualcomm Says 9th Circ. Panel Already Heard Chip Claims

    Qualcomm is urging the Ninth Circuit to assign an appeal from phone and tablet buyers looking to revive allegations that the chipmaker uses anti-competitive licensing practices to the same panel that nixed a class certification ruling in the long-running case.

  • April 02, 2024

    Seattle Seaport Co. Defying Clean Water Act, Green Group Says

    SSA Marine Inc. is allegedly violating the Clean Water Act by allowing excess contaminated stormwater from its port cargo facility to pollute Seattle's Duwamish River and Elliott Bay, according to a citizen lawsuit filed by an environmental group.

  • April 02, 2024

    Feds Seek 4 Years For Ex-Amazon Coder In Novel Crypto Case

    Prosecutors have told a Manhattan federal judge that a former Amazon coder convicted on charges of hacking a "smart contract" should be sentenced to at least four years in prison in order to send a message to other would-be crypto fraudsters.

  • April 02, 2024

    Wash. Can Use New Elections Map Despite Partisan Criticism

    Washington state can implement a new, court-approved legislative district map aimed at resolving Hispanic voter dilution claims, the U.S. Supreme Court ruled Tuesday, rejecting a bid from three Republican Latino voters to pause the map's adoption while they challenge it for improperly favoring Democratic candidates.

  • April 02, 2024

    Hagens Berman To Lead Yardi Rent Price-Fixing Class Action

    A Washington federal court tapped Hagens Berman Sobol Shapiro LLP as interim lead counsel for a putative class of renters amid a suit alleging that 11 property management companies are part of a price-fixing ring powered by an algorithm developed by Yardi Systems Inc.

  • April 01, 2024

    Full 9th Circ. Won't Review OK Of $90M Facebook Data Deal

    The Ninth Circuit on Monday declined objectors' request for the full appellate court to revisit a three-judge panel's decision to affirm a $90 million settlement that resolves allegations Facebook illegally tracked logged-out users' browsing activity, saying no judge voted to rehear the matter.

  • April 01, 2024

    Split 9th Circ. Says Court Can Void Pot Co.'s TM Applications

    A Ninth Circuit majority affirmed on Monday the cancellation of cannabis grower Central Coast Agriculture's trademark applications for its "Raw Garden" brand due to its lack of bona fide intent to use the marks commercially, with one judge dissenting, saying district courts can't interfere with and prematurely cancel trademark applications.

  • April 01, 2024

    Forest Service Must Revisit Changes To Timber Standards

    An Oregon federal judge has agreed to set aside an environmental analysis for timber standard changes the U.S. Forest Service approved for millions of acres of federal land across eastern Oregon and Washington, finding no errors in a magistrate judge's conclusion that the agency violated multiple federal statutes.

  • April 01, 2024

    Milliman Lost 401(k) Funds On Unproven Strategy, Judge Told

    Milliman's risky investments cost its employees' retirement plan more than $50 million and were part of a failed "experiment" to benefit its own bottom line, a class of employees told a Washington federal judge on Monday, kicking off a bench trial seeking to recover their losses.

  • April 01, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's Court of Chancery saw a $42.5 million settlement, dismissal of two big suits with two more remanded back, and new cases from shareholders of Walt Disney, Donald Trump's Truth Social, Rivian Automotive and BarkBox.

  • April 01, 2024

    Tribe, Allies Defend Standing To Fight Corps' Fish Farm Permit

    The Army Corps of Engineers is trying to "muddy the water" to fend off a challenge to a nationwide permit opening ocean waters to aquaculture operations, failing to justify why the permit shouldn't be scrapped, the Quinault Indian Nation and nonprofit allies have told a Washington federal judge.

  • April 01, 2024

    BNSF Says Tribe Can't Claim $1.3B For Oil Train Trespassings

    BNSF Railway Co. has asserted a Washington tribe is not entitled to $1.3 billion for the shipping of crude oil across its reservation for nearly a decade, arguing the tribe wants to strip railroad profits from a 1,500-mile route when the illegal trespassing occurred across an easement less than a mile long.

  • April 01, 2024

    Skillz Hid 'Rudimentary' Gaming Tech, Investors Tell 9th Circ.

    Skillz Inc. investors urged the Ninth Circuit Monday to revive a consolidated proposed class action alleging the mobile-gaming company misled investors about its growth prospects surrounding its 2021 go-public merger with a special-purpose acquisition company — arguing Skillz skewed revenues and misleadingly touted its gaming technology, which was in reality "rudimentary."

  • 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.

Expert Analysis

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Perspectives

    Justices May Clarify Expert Witness Confrontation Confusion

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    After oral arguments in Smith v. Arizona, the U.S. Supreme Court seems poised to hold that expert witness opinions that rely on out-of-court testimonial statements for their factual basis are unconstitutional, thus resolving some of the complications created by the court’s confrontation clause jurisprudence, says Richard Friedman at the University of Michigan Law School.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Key Issues When Navigating A Tenant's Bankruptcy

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    In light of recent Chapter 11 filings by Rite Aid and WeWork — companies with thousands of commercial leases — practitioners should review issues that can arise when bankruptcy is used to exit a lease, including the consequences of lease rejection and the statutory cap on landlord damage claims for a rejected lease, say attorneys at Proskauer.

  • 8 Privacy Law Predictions For 2024

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    As the new year begins, looking back to several of last year's privacy law developments may help companies forecast what to focus on when updating their privacy programs, including children's privacy, so-called dark patterns and the collection of data by connected cars, say attorneys at Sheppard Mullin.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 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.

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