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Washington
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March 20, 2025
9th Circ. Won't Renew Consumers' Amazon 'Buy Box' Suit
A Ninth Circuit panel has declined to revive a consumer antitrust suit against Amazon, ruling on Thursday the plaintiffs have failed to show they were injured by the e-commerce company's practices incentivizing third-party sellers to use its logistics services with the "Buy Box" feature.
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March 19, 2025
Judge Tells DOJ To Alert All Agencies Of Perkins Coie Ruling
A Washington, D.C., federal judge Wednesday directed the Trump administration to tell all federal agencies to rescind requests for disclosures about government and contractor relationships with Perkins Coie LLP, following an order last week blocking enforcement of the president's executive order against the Seattle-based law firm.
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March 19, 2025
Full 9th Circ. Quizzes BNSF On Reasons For Conductor Firing
The en banc Ninth Circuit hinted Wednesday it might stand by a panel's earlier ruling overturning BNSF Railway Co.'s win in an ex-conductor's retaliation suit, with several judges expressing skepticism the railway had shown he would've been fired for dishonesty and insubordination even if he hadn't refused to stop conducting a brake test.
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March 19, 2025
Insurers End Dispute Over Pizza Chain Salmonella Coverage
Two insurers for a "take 'n' bake" pizza chain have settled a dispute over their contributions to a deal reached by their mutual insured in an underlying case over salmonella-tainted cookie dough, with a Washington federal court tossing the suit.
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March 19, 2025
Ford Explorer Axle-Bolt Suit Dropped By Wash. Plaintiffs
A Washington federal judge on Wednesday closed a proposed class action accusing Ford of selling Explorer vehicles designed with a single unreliable rear-axle bolt, after a pair of vehicle owners told the court they were dropping their case.
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March 19, 2025
Monsanto Lawyers Face Reduced Penalties Over PCB Reports
A Washington state judge has partially reconsidered a decision to personally sanction eight attorneys representing Monsanto for late disclosure of expert reports ahead of a Seattle PCB tort trial, downgrading some of the penalties while still concluding the defense team deliberately violated a court scheduling order at the company's behest.
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March 19, 2025
Wash. Water Quality Regs Survive Industry Challenge
A federal judge on Wednesday upheld Washington state water quality standards that were challenged by business groups after they were approved by the U.S. Environmental Protection Agency.
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March 19, 2025
Amazon's PillPack Agrees To Pay $6.5M To End TCPA Suit
The lead plaintiff has asked a Washington federal judge to approve a $6.5 million settlement to end a class action alleging Amazon.com affiliate PillPack LLC was responsible for unsolicited telemarketing calls that violated a federal consumer law restricting robocalls and texts.
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March 19, 2025
Activist Asks 9th Circ. To Revive Meta, Twitter RICO Fight
Political activist Laura Loomer urged the Ninth Circuit on Wednesday to revive her latest racketeering lawsuit alleging Meta and Twitter conspired with the government to censor conservative voices, arguing the lawsuit is distinct from three prior suits in part because this case involves accounts she used as a political candidate.
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March 19, 2025
Robbins Geller Escapes Sanctions In Gas Price-Fixing Suit
A California federal judge on Wednesday rejected a bid to sanction Robbins Geller Rudman & Dowd LLP attorneys in a gas price-fixing suit, determining that the firm didn't act in bad faith or unreasonably multiply proceedings in a way that unnecessarily cost Alon USA Energy millions.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
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March 18, 2025
9th Circ. Says Nike Bias Suit Docs Can Be Ordered Destroyed
The Ninth Circuit on Tuesday ruled that a lower court was allowed to make an Oregon newspaper destroy documents it obtained related to internal workplace complaints at Nike, saying the newspaper became a party to the lawsuit alleging workplace discrimination against female employees when it intervened to get the documents.
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March 18, 2025
Judiciary Under Unprecedented Attack, Wash. Judge Says
The federal judiciary is facing an unprecedented attack, a senior Washington federal judge told Law360, with his judicial colleagues who've blocked President Donald Trump's actions receiving condemnation from high up the administration and personal threats from members of the public.
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March 18, 2025
Amazon Asks To Claw Back Docs In Consumer Antitrust Suits
Amazon has asked a Washington federal court to allow it to claw back three documents it has deemed as privileged from consumers in a trio of proposed antitrust class actions, saying that the plaintiffs are refusing to return or destroy them after quoting them in their motion for class certification.
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March 18, 2025
Full 9th Circ. Mulls Reviving Workers' LA Schools Vax Fight
Unvaccinated workers urged an en banc Ninth Circuit panel Tuesday to affirm a split decision reviving their proposed class action challenging a since-rescinded Los Angeles Unified School District's employee COVID-19 vaccine policy, while the district's counsel defended the policy as necessary and prudent, but also argued the case is moot.
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March 18, 2025
High 5 Can't Undo Jury's $7M Enhanced Damages, Class Says
A class of players said that High 5 Games can't escape $7.2 million in enhanced damages for targeting gambling addicts with social casino-style mobile apps, arguing that a federal judge should not upend the plaintiffs' right to a trial by jury.
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March 18, 2025
NIH Avoids Contempt In Trans Case Despite Judge's Criticism
A federal judge said there is no clear evidence that the National Institutes of Health's revoking a Washington hospital's research grant violated her order blocking President Donald Trump's efforts to cut funding for gender-affirming care for young people, but the judge chastised the administration for its "narrow and self-serving view" of what makes up care.
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March 18, 2025
Google, Apple Urge 9th Circ. To Reject Search Collusion Case
Google and Apple are urging the Ninth Circuit to reject an appeal from an advertiser seeking to revive a case accusing Google of paying Apple to stay out of the search market, arguing that a ruling in the government's search case against Google has nothing to do with the claims.
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March 18, 2025
Army Corps' Permit For Offshore Fish Farms Is Voided
A Washington federal court judge set aside as unlawful a U.S. Army Corps of Engineers' nationwide permit intended to speed up offshore aquaculture through the construction of industrial-size facilities in federal ocean waters off the country's eastern and western coasts.
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March 18, 2025
Feds Say Wash. Hospital Can't Strike Facts From Fraud Suit
The government has accused a hospital operator in Washington state of "grasping at straws" by trying to strike inconvenient facts from the court record in a bid to defeat a False Claims Act lawsuit, a tactic prosecutors urged the court to see through and reject.
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March 18, 2025
Amazon Denied Quick Appeal For E-Book Antitrust Claims
A New York federal court denied Amazon's request to immediately appeal a district court's refusal to toss a proposed class action accusing it of monopolizing the e-book market, saying the e-commerce giant just disagrees with the decision.
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March 18, 2025
States Oppose Term In Sandoz Price-Fixing Deal With Fla.
State enforcers still locked in price-fixing litigation against generic-drug maker Sandoz are raising objections to a cap on what they could win through settlements in Florida's recent agreement with the company, telling the Connecticut federal judge weighing approval that it would block or delay potential settlements of their own.
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March 17, 2025
Biz Groups Push For High Court Review Of Cisco Spying Case
National business groups are urging the U.S. Supreme Court to overturn a Ninth Circuit decision reviving a suit from a class of Falun Gong practitioners alleging that Cisco aided in the Chinese government's crackdown on the religious movement, claiming that the circuit's ruling could chill foreign investment and disadvantage American companies.
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March 17, 2025
9th Circ. Says Capital One Cyberattacker Sentence Too Light
A split Ninth Circuit panel Monday said a lower court judge was too lenient in sentencing a former Amazon.com Inc. coder to probation for orchestrating one of the nation's latest data breach crimes, finding that the district court judge erred in finding her actions were not "malicious."
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March 17, 2025
Amazon Hit With Greenwashing Suit Over Paper Products
Consumers in four different states have launched a proposed class action against Amazon in Washington federal court, accusing the retail giant of greenwashing its claims about its "Basics" line of paper products and misleading buyers about the sustainability of products whose supply chains are in fact "deeply unsustainable."
Expert Analysis
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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State AG Enforcement Is Poised For Another Pivot In 2025
Backed by a Republican-controlled U.S. House of Representatives and Senate, the Trump administration intends to make substantial policy changes, and attorneys general of both parties around the country are preparing their response playbooks, say attorneys at WilmerHale.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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Opinion
Commercial Tree Thinning Should Be Part of Wildfire Control
The devastating wildfires currently afflicting California make it clear that the U.S. Forest Service should step up its use of methods including commercial tree removal to lower fire risk — but litigation that drags on for years stymies many of these efforts and endangers the public, says Jeffrey Beelaert at Givens Pursley.
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High Court Could Further Limit Deference With TCPA Fax Case
The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Opinion
Legal Personhood Can Give Natural Entities Their Day In Court
Granting legal personhood to natural entities like the River Thames, or vulnerable species like the Pacific bearded seal and Arctic ringed seal, could protect them from ecological threats and the vagaries of politics, and help us transform our relationship with nature, says Sachin Nandha at the International Centre for Sustainability.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.