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Washington
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June 21, 2024
Financial Advice Guru Says Timeshare Suit Must Be Arbitrated
A famous financial advice guru and his company have urged a Washington federal court to pause a proposed timeshare exit fraud class action and send it into arbitration, arguing that several of the named plaintiffs signed related agreements that include arbitration clauses.
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June 21, 2024
9th Circ. Axes 2 Symetra Structured Deal Recipient Classes
The Ninth Circuit on Thursday scrapped two classes in a lawsuit accusing an insurance conglomerate of wrongfully inducing personal injury settlement recipients to give up their rights to periodic payments in exchange for a discounted immediate lump sum payment, saying individual issues will predominate over common issues.
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June 21, 2024
Aramark Sued In Wash. For Alleged Pay Transparency Lapses
Aramark has been accused of violating Washington state's pay transparency law by failing to give full pay ranges in job postings, according to a proposed class action the food services giant removed to Washington federal court on Thursday.
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June 21, 2024
DOJ Backs Antitrust Case Against Zillow, Realtors At 9th Circ.
The U.S. Department of Justice has urged the Ninth Circuit to revive antitrust claims from a defunct brokerage platform against Zillow and the National Association of Realtors based on design changes Zillow made to comply with association rules.
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June 21, 2024
Boeing, Spirit AeroSystems Say Blowout Suit Not Fit For Calif.
The Boeing Co. and Spirit AeroSystems Inc. are asking a California federal judge to throw out a suit from a group of passengers from Alaska Airlines Flight 1282, which experienced a midair door plug blowout in January, saying the California courts don't have jurisdiction over their claims.
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June 20, 2024
Wash. Justices Renew AG's Suit Over Police Eviction Claims
Washington's highest court said the state attorney general could sue a city for allegedly letting police illegally evict vulnerable residents under the guise of a crime prevention program, ruling Thursday the case involved issues of public concern such as protecting residents' civil rights and preventing police misconduct.
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June 20, 2024
Eli Lilly Launches Round Of Diabetes Drug Suits
Eli Lilly on Thursday hit various compounding pharmacies and medical spas in five states and the District of Columbia with suits saying that they trick consumers into thinking that they sell Eli Lilly medications that treat diabetes and obesity when actually they are copycats and are untested by the U.S. Food and Drug Administration.
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June 20, 2024
No Atty, No Case: Judge Tosses Attack On Psychedelics Ban
A federal judge in Washington state threw out a challenge to the U.S. Drug Enforcement Administration's efforts to ban two psychedelic substances in an order Thursday that chided a psychedelic research company for doing "an end run" around requirements that corporations be represented by an attorney.
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June 20, 2024
NBA Fraud Ringleader To Plead Fifth At Doctor's Trial
Counsel for a former NBA journeyman who pled guilty after being accused of spearheading a scheme to defraud a league healthcare plan said his client will probably invoke the Fifth Amendment if called to testify at a co-defendant's upcoming trial.
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June 20, 2024
19 Dem AGs Urge Law Group, Others To Ignore DEI Detractors
A coalition of 19 Democratic state attorneys general issued a letter Thursday rebutting criticism of diversity, equity and inclusion programs within the American Bar Association, Fortune 100 corporations and law firms.
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June 20, 2024
ZoomInfo Hit With Race Bias Claim By Fired Account Exec
A Black former senior account executive at ZoomInfo Technologies Inc. says he was repeatedly denied promotions and transfers despite outperforming white colleagues, then was fired in retaliation for filing a discrimination complaint.
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June 20, 2024
ACLU Urges 9th Circ. To Reject Insurer's Trans Health Appeal
The American Civil Liberties Union urged the Ninth Circuit to reject Blue Cross Blue Shield of Illinois' appeal seeking to overturn a lower court ruling that found denying transgender health plan participants gender-affirming care violated the Affordable Care Act, arguing federal healthcare nondiscrimination laws clearly protected against gender identity bias.
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June 18, 2024
Doubt Cast On Free Whole Foods Delivery 'Bait And Switch'
A Washington federal judge appeared skeptical at a hearing Tuesday of claims that Amazon misled Prime members by advertising free Whole Foods grocery deliveries and then later pulling the perk in a "bait and switch," noting the retail giant has reserved the right to change Prime members' benefits.
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June 18, 2024
Company, States Battle In Court Over At-Home Rape Kits
A fight is brewing in federal and state courts between a company that purports to be the nation's only purveyor of self-administered sexual assault DNA collection kits and state attorneys general who believe it is misleading sexual assault victims.
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June 18, 2024
IPhone Buyers Want Canadian Data In Amazon Antitrust Case
Apple Inc. and Amazon.com Inc. must be forced to turn over Canadian sales data as part of a lawsuit accusing the pair of hatching an anticompetitive agreement to choke third-party sales, a group of iPad and iPhone buyers told a Washington federal court.
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June 18, 2024
Seattle Can't Stop Firefighters' COVID Vaccine Suit
Firefighters who sued over Seattle's COVID-19 vaccine mandate have offered sufficient evidence to allege they faced religious discrimination, according to a federal magistrate judge who trimmed some claims on Tuesday but refused to toss the lawsuit.
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June 18, 2024
9th Circ. Nixes City's Win In Wash. Firefighter Vax Order Suit
The Ninth Circuit on Tuesday revived a lawsuit by a group of firefighters who claim the city of Spokane, Washington, violated their constitutional rights when it fired them for refusing to get COVID-19 vaccines and instead relied on first responders from nearby agencies who also hadn't gotten the shot, ruling they'd asserted a viable First Amendment claim.
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June 18, 2024
9th Circ. Asked For En Banc Review In Youths' Climate Case
Youth plaintiffs have asked the Ninth Circuit for en banc review of a panel's decision to toss their lawsuit against the federal government over the effects of climate change.
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June 18, 2024
Blue States And Enviro Groups Back DOE Furnace Rule
Several blue states and environmental and consumer groups have thrown their support behind the U.S. Department of Energy's tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that challenges to the new rules are meritless.
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June 18, 2024
Ariz. County Says New Kari Lake Vote Claims Merit Sanctions
Maricopa County officials are slamming former gubernatorial candidate Kari Lake's bid to unravel a Ninth Circuit decision affirming the toss of her lawsuit over Arizona's voting machines, contending that the "fatally flawed" effort warrants sanctions.
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June 18, 2024
Milliman Wins 401(k) Mismanagement Suit After Trial
Consulting company Milliman Inc. prevailed over a class action suit alleging the company violated federal benefits law by keeping poorly performing investments tied to a financial subsidiary in its employee 401(k) plan, according to a California federal judge's order entered after a 10-day bench trial.
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June 18, 2024
9th Circ. Won't Revive Vax Mandate Case Amid Judge DQ Bid
In a nonprecedential opinion, the Ninth Circuit has refused to restore a COVID vaccine mandate suit brought by federal workers and contractors who also sought to disqualify a judge they believed was conflicted, finding the workers lacked standing because they named officials who cannot reinstate them rather than their employers.
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June 17, 2024
Startup Wants To Add More Than $200M To Boeing IP Verdict
Zunum Aero Inc. is urging a Washington federal judge to significantly boost a $72 million jury verdict against the Boeing Co. for misappropriating the electric jet startup's trade secrets, including adding $162.5 million in exemplary damages and nearly $52 million in legal costs and interest.
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June 17, 2024
Bitcoin Mining Hosting Vendor Can't Dodge $6.4M Suit
A Washington federal judge told a crypto computer host that it must face a suit from a bitcoin mining company accusing it of failing to return equipment worth $6.4 million, finding the hosting agreement allowed the mining company to demand access to all the equipment if the host failed to meet its obligations.
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June 17, 2024
9th Circ. Says Facebook 'Face Signatures' Not Subject To BIPA
The Ninth Circuit sided with Meta Platforms on Monday by declining to revive an Illinois resident's proposed class action accusing Facebook of breaking the state's Biometric Information Privacy Act, ruling that the "face signature" at issue isn't protected by the law because it cannot be used to identify someone.
Expert Analysis
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Infringement Policy Lessons From 4th Circ. Sony Music Ruling
The Fourth Circuit's recent decision in Sony Music v. Cox Communications, which in part held that the internet service provider was liable for contributing to music copyright infringement, highlights the importance of reasonable policies to terminate repeat infringers, and provides guidance for litigating claims of secondary liability, say Benjamin Marks and Alexandra Blankman at Weil.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Legal Considerations For Circular Economy Strategies
As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.
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Opinion
9th Circ. Nazi Art Theft Ruling Is Bad For Repatriation Cases
The Ninth Circuit’s recent decision in Cassirer v. Thyssen-Bornemisza Collection Foundation, holding that a Spanish museum doesn't have to return a Nazi-stolen painting to the original Jewish owners, spells trouble for future heirloom repatriation cases, which hinge on similar archaic laws, say Andrea Perez and Josh Sherman at Carrington Coleman.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Disney Copyright Expiration Spurs Trademark Questions
While the recent expiration of Disney’s Steamboat Willie copyright is not likely to have an immediate impact, it could provide clarity on the extent to which trademark rights in character names and appearance affect what others can do with characters from works whose copyright has expired, says Bryan Wheelock at Harness IP.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Valeant Ruling May Pave Way For Patent-Based FCA Suits
The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.
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Recent Rulings Add Dimension To Justices' Maui Decision
The U.S. Supreme Court's 2020 decision in County of Maui v. Hawaii Wildlife Fund established new factual criteria for determining when the Clean Water Act applies to groundwater — and recent decisions from the Ninth and Tenth Circuits have clarified how litigants can make use of the Maui standard, says Steven Hoch at Clark Hill.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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No AI FRAUD Act Is A Significant Step For Right Of Publicity
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.