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Washington
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March 12, 2025
Cherry Growers' IP Win Vacated Due To Bogus Evidence
A Washington federal judge has vacated his two-year-old decision invalidating a U.S. patent covering the Staccato cherry variety owned by the Canadian government, finding that his prior decision was based on an incomplete sales spreadsheet that didn't include line items showing that the sales were of an entirely different cherry variety.
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March 12, 2025
'I Was Wrong': FTC Atty Flips On Cuts Delaying Amazon Trial
The Federal Trade Commission abruptly backtracked on an in-house attorney's comments about "severe" resource constraints amid the government spending crackdown while urging a Washington federal judge to delay a consumer protection trial against Amazon, with the same attorney telling the court he was wrong in a letter filed hours after a Wednesday status conference.
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March 12, 2025
Comcast Fights CEO Deposition Order In Easement Spat
Comcast has told a Washington state judge that an order requiring CEO Brian Roberts to sit for a deposition in an easement dispute with a local landowner could expose him to a series of similar requests in the hundreds of lawsuits naming the telecommunications giant each year.
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March 12, 2025
Cal State Can Bar Caste Bias, 9th Circ. Affirms
A Ninth Circuit panel on Wednesday affirmed a lower court's ruling that two California State University professors lacked standing to challenge the university's inclusion of caste as a protected class in its antidiscrimination policy, saying the policy never specifically mentions Hinduism and therefore does not stigmatize the religion or force self-censorship.
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March 12, 2025
Judge Blocks Order Limiting Perkins Coie Government Access
A D.C. federal judge on Wednesday halted enforcement of the Trump administration's executive order against law firm Perkins Coie LLP that cited issues including its representation of Hillary Clinton during her 2016 presidential run, calling the order "viewpoint discrimination, plain and simple."
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March 12, 2025
As Perkins Coie Fights Order, How Will Other Firms Respond?
Perkins Coie LLP, represented by Williams & Connolly LLP, is challenging President Donald Trump's executive order revoking its security clearance and launching investigations into its diversity efforts. But other firms have remained silent, raising questions about the order's potential effects on how firms handle public policy litigation, publicly support their right to defend all clients and pursue hiring initiatives.
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March 11, 2025
Feds Unsure When It Can Resume Refugee Program
A "deterioration of functions" in the federal government's refugee program means the U.S. Department of State can't currently tell how long it will take to restore the program under a recent order in Washington federal court, the Trump administration informed the court.
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March 11, 2025
Insurer Says It's Off The Hook For Pay Transparency Suit
Houston Casualty Co. said Tuesday that its liability insurance policy does not cover an underlying lawsuit accusing a Washington company that owns McDonald's franchises of violating the state's pay transparency law for job postings.
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March 11, 2025
Wash. Pharmacy Strikes $600k Class Deal In Data Breach Suit
An Evergreen State pharmacy has agreed to a $600,000 class deal to end a lawsuit over a 2023 cyberattack that allegedly exposed the personal information of thousands of current and former customers and employees, according to recent filings in Washington federal court.
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March 11, 2025
Eli Lilly Suit Over Compounded Drugs Survives Dismissal
A Washington federal judge has trimmed Eli Lilly's lawsuit against two Seattle-area clinics and the doctors who run them for allegedly duping consumers into buying copycat versions of its diabetes and weight loss medications Mounjaro and Zepbound, nixing the pharmaceutical giant's consumer protection claim while preserving its trademark infringement and false advertising allegations.
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March 11, 2025
9th Circ. Panel Won't Renew Wash. Nurse's Employment Suit
A Ninth Circuit Panel has declined to revive a nurse's employment suit against the University of Washington Medical Center, finding a poor performance review wasn't enough to form the basis of a discrimination claim against the Seattle hospital.
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March 11, 2025
Zillow Investors Urge 9th Circ. To Uphold Class Certification
A class of Zillow Group Inc. investors told the Ninth Circuit to reject the property listing company's bid to overturn the class certification of their suit accusing the company of making misleading statements about its home-flipping program and causing stock prices to drop.
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March 11, 2025
Albertsons, Safeway Hit With New Spam-Text Suit In Wash.
Albertsons Companies Inc. and Safeway Inc. are facing a proposed class action filed by a Washington resident who accuses the supermarket chains of sending unsolicited text message advertisements in violation of state consumer protection laws.
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March 11, 2025
DOJ's RealPage Antitrust Case Gets New Judge
The U.S. Department of Justice's price-fixing lawsuit against algorithmic real estate pricing company RealPage is getting a new judge due to a conflict.
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March 11, 2025
1st Circ. Upholds Block On Trump's Birthright Citizenship Order
The First Circuit on Tuesday refused to disturb a Massachusetts federal judge's ruling that blocked the Trump administration's move to end birthright citizenship, rejecting the government's claim that states suing over the policy lacked standing.
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March 10, 2025
Starbucks Faces Suit Over Fatal Patio Crash After Panel Flip
Starbucks owed a duty of reasonable care to a patron who was struck by a rogue pickup truck while sitting on the patio of a Salt Lake City area store, the Utah Court of Appeals has ruled, reviving her family's lawsuit against the Seattle-based coffee company.
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March 10, 2025
Ayahuasca Church Says DEA Violated Religious Use Contract
A New Mexico-based church whose practice involves a controlled substance has brought a federal lawsuit against the Drug Enforcement Administration, alleging the agency sat on the group's application to export the sacrament to sister churches for close to seven years.
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March 10, 2025
DOJ Wants In On Invisalign Monopoly Arguments At 9th Circ.
The U.S. Department of Justice wants to be there when orthodontists and consumers who purchased clear teeth aligners face off with the company behind Invisalign at the Ninth Circuit next month, so it can tell the appellate judges where the lower court went wrong in killing their monopoly suits.
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March 10, 2025
Wash. AG Says Sheriff Is Illegally Aiding Feds On Immigration
Washington's attorney general has accused the sheriff of a rural county of violating a state law that restricts local police agencies from assisting in the enforcement of federal immigration law, saying the sheriff is bolstering President Donald Trump's deportation policies after initially signaling his office would work to comply with state law.
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March 10, 2025
DOJ Defends Musk's Influence Against States' Challenge
The U.S. Department of Justice is defending Elon Musk's influence in the federal government against a constitutional challenge brought by 14 states, telling D.C. federal court that the "special government employee" does not occupy an official office that would be subject to the Constitution's appointments clause.
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March 10, 2025
Tribe Says BNSF Can't Derail $400M Trespass Judgment
A Washington tribe is urging the Ninth Circuit to uphold a lower court's finding that BNSF Railway Co. must pay nearly $400 million for years of illegally running oil cars across tribal territory, saying the railroad's claim that it strips away lawfully earned profits "makes little sense."
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March 10, 2025
Trump Says Refugee Groups Can't Challenge Axed Contracts
The Trump administration urged a Washington federal judge to reject resettlement agencies' challenge to its termination of all cooperative agreements with resettlement agencies, saying the federal government has the legal authority to do so without notice if its priorities change.
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March 10, 2025
National Lawyers Guild Slams Trump's Perkins Coie Order
The Seattle Chapter of the National Lawyers Guild denounced President Donald Trump's recent executive order revoking Perkins Coie LLP's security clearances, saying on Monday the decision "exemplifies his complete disregard for the rule of law and his contempt for core American democratic values."
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March 10, 2025
Insurer May Be Liable For Coverage Of School Abuse Suits
A Washington federal judge said an insurer may still be liable for covering underlying claims of physical and sexual abuse against staff at a boarding school for troubled youth on the state's Cypress Island, because one policy year unlike others was missing an endorsement requiring connection to a particular location.
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March 10, 2025
Trump Tells 9th Circ. To Undo Birthright Citizenship Injunction
President Donald Trump urged the Ninth Circuit to undo a Washington federal court's injunction on his executive order limiting birthright citizenship, saying children born to noncitizens in the United States do not fall within the Fourteenth Amendment's Citizenship Clause.
Expert Analysis
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Health Tech Regulatory Trends To Watch In 2025
With an upcoming change in administration and the release of some long-awaited rules, the healthcare industry should prepare for shifting trends, including a growing focus on health data and interest in technology-enabled delivery of healthcare, say attorneys at Orrick.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates
The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Notable 2024 Trademark Cases And What To Watch In 2025
Emerging disputes between established tech giants and smaller trademark holders promise to test the boundaries of trademark protection in 2025, following a 2024 marked with disputes in areas ranging from cybersquatting to geographic marks, says Danner Kline at Bradley Arant.