Washington

  • 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."

  • March 26, 2024

    9th Circ. Frees College From Off-Campus Rape Suit

    The Ninth Circuit says a Washington university does not need to face claims by a woman who was raped at an off-campus party during her freshman year, as it was expected to do following a state supreme court ruling in the school's favor. 

  • March 26, 2024

    9th Circ. Says Tanker Can't Be Used To Enforce $10M Debt

    The Ninth Circuit affirmed on Monday that a nearly 800-foot crude oil tanker could not be seized to enforce some $10 million in arbitral awards against a defunct gas shipping company, ruling that the plaintiffs couldn't prove the tanker's owner had helped to hide the shipping company's assets.

  • March 26, 2024

    Subaru Can't Duck Suit Over Starlink Infotainment Defect

    A New Jersey federal judge on Tuesday declined to throw out a proposed class action alleging the Starlink infotainment system in certain Subaru vehicles is defective, throwing out one plaintiff's state consumer protection claim, while allowing the remaining claims to go forward.

  • March 26, 2024

    Pilot HOA Tells Justices Rail Easement Clouds Airstrip Access

    An Alaska homeowners association made up largely of pilots has asked the U.S. Supreme Court to review a Ninth Circuit ruling granting a railroad full control of an easement jutting into an airstrip used by residents of a surrounding subdivision.

  • March 26, 2024

    9th Circ. Unsure Uber Can Dodge Suit Over Slain Driver

    A pair of Ninth Circuit judges seemed to question Tuesday if Uber Technologies Inc. could avoid liability after a driver was murdered in a carjacking, with one judge asking if the law needed to catch up with new technology in a case where the company controlled information about the identity of riders.

  • March 26, 2024

    Starbucks Settles Worker's Suit Alleging Manager Groped Her

    Starbucks Corp. has settled a lawsuit with an employee who alleged her reports of groping and harassment by a manger resulted in a retaliatory investigation, stunting her career with the coffee chain.

  • March 26, 2024

    Fishers Say Tire Cos. Can't Escape Salmon ESA Suit

    Fishing groups are fighting tire companies' attempt to dismiss an Endangered Species Act suit over the use of a rubber additive known as 6PPD, which harms salmon, telling a California federal judge the companies are trying to delay accountability.

  • March 26, 2024

    Boeing Can't Exit Wash. Worker's Birth Defect Suit

    A Washington state judge has declined to throw out a lawsuit accusing Boeing of exposing a factory worker to chemicals that caused birth defects in his child, after casting doubt last month on the company's assertion it had no legal duty to protect employees' future children from foreseeable harm.

Expert Analysis

  • 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.

  • 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.

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