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Washington
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May 09, 2024
Ex-Dental Device CEO Cops To $10.7M Investor Fraud
The former CEO of a dental device company pled guilty Thursday to defrauding investors out of $10.7 million with false claims that his company received the U.S. Food and Drug Administration's approval for a device he promised would take the place of X-rays.
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May 09, 2024
9th Circ. Says Judge Defied Order To Revive Opioid Case
The Ninth Circuit on Thursday again revived a nearly 7-year-old case against a California doctor for allegedly selling opioid prescriptions and ordered that the case be reassigned, saying the presiding judge had defied the plain language of a previous order to reinstate the indictment.
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May 09, 2024
EPA Defends Factory Farm Water Pollution Regs At 9th Circ.
The U.S. Environmental Protection Agency on Wednesday urged the Ninth Circuit to toss green groups' lawsuit seeking to revive their petition for new, stronger Clean Water Act regulations for large animal feeding facilities.
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May 09, 2024
Mobile Carriers Pay $10M To End 50 AGs' Deceptive Ad Claims
A coalition of nearly all the country's state attorneys general on Thursday announced $10.25 million in settlements that AT&T, Verizon and T-Mobile have agreed to pay to end a multistate probe into the wireless carriers' allegedly misleading advertising practices.
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May 09, 2024
6th Circ. Nominee Sparks Debate Over Blue Slips
Four judicial nominees were approved by the Senate Judiciary Committee on Thursday, including a Sixth Circuit nominee who has come under fire from Republicans for ethics accusations and whose nomination sparked a larger debate about the lack of blue slips for appellate nominees.
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May 09, 2024
Nossaman Scores New Land Use Partner For Seattle Office
Nossaman LLP announced it has hired an attorney with experience advising and defending clients in environmental matters as a partner for its environment and land use team in the firm's Seattle office.
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May 08, 2024
Amazon Seeks To Ax $525M Verdict Over Data Storage Patents
Amazon asked an Illinois federal judge Wednesday to throw out a jury's verdict that the e-commerce giant owes $525 million for infringing three of Kove IO's patents relating to cloud data storage technology, saying the Chicago software company didn't actually prove infringement.
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May 08, 2024
AGs Blast Federal Data Privacy Law's Proposed State Override
California joined attorneys general from more than a dozen other states and Washington, D.C., on Wednesday to urge Congress to ensure that proposed federal data privacy legislation sets a "floor, not a ceiling" that would preserve more stringent protections states have enacted and allow them to add new laws to address rapid technological developments.
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May 08, 2024
Tribes And Groups Urge 9th Circ. To Uphold TikTok Ban Pause
Free speech and internet advocacy groups, as well a Native American nonprofit and two tribes, are urging the Ninth Circuit to uphold a lower court's decision that blocks Montana from banning social app TikTok, arguing that First Amendment protections include such media platforms.
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May 08, 2024
Boeing Again Seeks Exit From Suit Over Love-Triangle Murder
The Boeing Co. is again asking a Seattle federal judge to let it escape liability in a case involving a love triangle among employees that ended in murder, saying the newest iteration of the suit still doesn't adequately allege Boeing knew or should have known about the employee's potential for violence.
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May 08, 2024
Wash. Families Fight Monsanto's Bid To Split Up PCB Trial
Three families suing Monsanto over alleged PCB contamination at a Washington school pushed back against the company's motion to sever their future toxic tort trial in Washington state court, calling it the defense counsel's latest stunt to protest more than $1 billion in losses thus far in the series of cases.
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May 08, 2024
Wash. Justices Decline Personal Injury Atty's Fee Split Spat
Washington's high court has declined to hear a personal injury lawyer's challenge to his old firm's fee-splitting agreement, letting stand a state appellate court's ruling that the contract had "clear and unequivocal language" compelling him to pass on half the fees he earned from the firm's former clients after his departure.
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May 08, 2024
Farmworkers Union Says DOL's 2022 Rules Keep Wages Low
A farmworkers union in Washington state is challenging rules the U.S. Department of Labor introduced in 2022 that the union said are depressing farmworkers' wages.
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May 07, 2024
Amazon, Epson Unite To Go After Printer Ink Counterfeiters
Amazon and Seiko Epson have teamed up to go after several bad actors in Turkey and the United Kingdom that are allegedly hawking knockoff Epson printer ink bottles and cartridges on Amazon's platform, according to a trademark infringement action filed in the Western District of Washington.
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May 07, 2024
85 Lawmakers Join Chorus Opposing Space Force Transfers
A bipartisan group of 85 federal lawmakers on Tuesday joined all 50 state governors in opposing a proposal to allow Air National Guard units to be transferred to the U.S. Space Force without gubernatorial approval, arguing the measure would undermine "the integrity and longstanding mission of the National Guard."
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May 07, 2024
Judge Limits Valve's Arguments In Controller Patent Fight
A federal judge in Seattle has partly granted a bid from Ironburg Inventions Ltd. to block Valve Corp. from raising certain arguments when challenging a video game controller patent at district court based on estoppel rules from the Patent Trial and Appeal Board.
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May 07, 2024
New IPad Buyers And Complaint OK'd In Amazon-Apple Suit
Two new iPad buyers filed an amended antitrust complaint Tuesday over the Amazon-Apple pact restricting iPhone and iPad sales to approved vendors after a Washington federal judge overrode defense arguments that the named plaintiff swap is too late and replaces an unsuitable class representative.
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May 07, 2024
Amazon Says Zulily Lacks Standing To Bring Antitrust Claims
Amazon is asking a Washington federal court to throw out now-defunct online retailer Zulily's lawsuit accusing it of using its monopoly power to shut out competition from other online retailers, arguing that Zulily merely "parrots" allegations made by regulators and has singled out "plainly procompetitive practice."
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May 07, 2024
Colo. Judge Iffy On DOJ's Missive In Kroger Merger Challenge
A Colorado state judge said he was unsure Tuesday about how to handle the Department of Justice's recent filing defending the state's authority to challenge Kroger's $24 billion merger with Albertsons, as Kroger claimed federal regulators were flip-flopping their antitrust stance.
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May 07, 2024
Judge Forged Note For Parking Discount, Watchdog Says
A Washington state judicial conduct board has accused a part-time district court judge of forging a note embossed with a court seal and using another judge's signature stamp to get a reduced parking rate offered to government employees.
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May 07, 2024
9th Circ. Revives Removal Fight Over Justices' Notice Ruling
A Honduran woman who received a notice to appear in immigration court without a time specified can resume fighting her deportation after the Ninth Circuit leaned on a U.S. Supreme Court ruling requiring all court hearing information to be on a single document.
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May 07, 2024
Ex-Tugboat CEO Can't Reinstate $75M Defamation Verdict
A Washington state appeals panel won't let the former CEO of boating company Harley Marine Services Inc. reinstate a $75 million defamation verdict against his former business partners, finding that the comments that formed the basis for the verdict are covered under the state's "absolute" litigation privilege.
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May 07, 2024
Policy Dispute Should Be Heard In Wash., Colo. Judge Says
A Colorado federal court has tossed an insurer's suit seeking a declaration that it doesn't owe $4 million in coverage to a climbing equipment manufacturer and its primary insurer, finding that a related case in Washington state court provides a better opportunity to resolve the parties' dispute.
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May 07, 2024
Starbucks Can't End Investor Suit Over Union-Busting Stance
A Washington state judge won't toss a shareholder suit accusing Starbucks' corporate leadership of diminishing stock values by allowing store managers to quash baristas' organizing efforts.
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May 07, 2024
9th Circ. Asks Idaho To Define 'Recruit' In Abortion Travel Ban
A Ninth Circuit panel grappled Tuesday with an Idaho law that makes it a criminal offense to help minors travel out of state to receive abortions without parental permission, with one judge struggling to understand what it means to "recruit" a pregnant teen to get an abortion under the law.
Expert Analysis
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Workplace Speech Policies Limit Legal And PR Risks
As workers increasingly speak out on controversies like the 2024 elections and the Israel-Hamas war, companies should implement practical workplace expression policies and plans to protect their brands and mitigate the risk of violating federal and state anti-discrimination and free speech laws, say attorneys at McDermott.
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10 Years Of Retail Battles: Unpacking Pricing Litigation Trends
A close look at a decade of pricing class actions against retailers reveals evolving trends, plaintiffs bar strategies, and the effects of significant court decisions across states, say attorneys at Benesch.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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How Consumer Product Cos. Can Keep Up With Class Actions
Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.
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Series
Competing In Triathlons Makes Me A Better Lawyer
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.
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Where Justices Stand On Chevron Doctrine Post-Argument
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.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
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.
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Lessons From Country Singer's Personal Service Saga
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.
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Perspectives
Justices May Clarify Expert Witness Confrontation Confusion
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.
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Series
Baking Bread Makes Me A Better Lawyer
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.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
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.
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7 E-Discovery Predictions For 2024 And Beyond
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.
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5 Litigation Funding Trends To Note In 2024
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.