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Washington
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April 28, 2025
9th Circ. Nixes COVID-19 App Suit Appeal Against Apple
The Ninth Circuit has once again shut the door on a doctor's suit accusing Apple of illegally refusing to distribute his COVID-19 tracking app through its app store, affirming a lower court ruling from October 2024 that denied his motion to reopen.
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April 28, 2025
Compass Calls Wash. Listing Service Rules Anticompetitive
Compass told a Washington federal court that Northwest Multiple Listing Service and its broker-led board of directors have stifled competition, thwarting a product that allows home sellers to test home sales privately before registering them with the multiple listing service.
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April 28, 2025
Estate Sues Insurer Over 'Paltry' Offer In DUI Death Case
The estate of a motorcyclist killed by a driver allegedly overserved at a Washington bar has sued to force the bar's specialty insurance company to cover a partial settlement in an underlying wrongful death suit.
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April 28, 2025
Walgreens Opposes Merging 'Non-Drowsy' Labeling Suits
Walgreens is pushing back on a bid to consolidate two Illinois federal lawsuits alleging the "non-drowsy" label on some of the retailer's cough suppressant medications is misleading, saying the two cases involve different allegations and are at different stages, and arguing that consolidation would cause a delay in the litigation.
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April 28, 2025
Comair Seeks Boeing Sanctions Over 737 Max Refund Letter
Defunct airline Comair Ltd. is asking a Washington federal judge to sanction The Boeing Co. for deleting evidence of a "side letter" assuring it that its deposits to buy seven 737 Max aircraft would be fully refundable and arguing the letter never existed.
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April 28, 2025
Justices Won't Disturb 9th Circ.'s AT&T 401(k) Suit Revival
The U.S. Supreme Court declined on Monday to hear AT&T's bid for review of a Ninth Circuit panel decision reviving a class action against the telecom giant alleging mismanagement of an employee 401(k) plan, rejecting employers' request for more clarity from the court on the pleading standard for federal benefits lawsuits alleging excessive fees.
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April 25, 2025
Baby Food Maker Keeps Win In Suit Saying It Concealed Toxins
The Ninth Circuit on Friday affirmed a summary judgment win for California-based Plum Organics, saying in an unpublished opinion that parents who accused the baby food maker of failing to disclose potential toxins in its baby food products didn't sufficiently prove that Plum's products pose an unreasonable safety hazard.
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April 25, 2025
Real Estate Recap: Q1 Hospo Deals, Data Center Speculation
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the law firms that guided the largest global hospitality mergers and acquisitions of the first quarter, and how local utilities are attempting to weed out data center speculators.
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April 25, 2025
9th Circ. Revives Fired Clorox Worker's Gender Bias Claim
A Ninth Circuit panel on Friday revived a gender discrimination claim brought by a former employee of The Clorox Co. in Washington who alleged he was wrongfully fired during a reorganization, but the panel ruled against the worker on his race and age discrimination claims.
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April 25, 2025
19 AGs Sue Trump Admin Over Anti-DEI School Funding Threat
Nearly 20 state attorneys general sued the U.S. Department of Education in Massachusetts federal court Friday accusing it of embarking on efforts to withhold funding from educational institutions that engage in vague, undefined, "illegal" diversity, equity and inclusion practices through an agency action passed earlier this month.
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April 25, 2025
Up Next At High Court: Class Cert., Religious Charter Schools
The U.S. Supreme Court will hear oral arguments in five cases this coming week, including in disputes over whether courts can certify classes of plaintiffs when some members haven't suffered an injury and whether students alleging disability discrimination in public schools must meet a higher standard of proof to bring claims under the Americans with Disabilities Act.
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April 25, 2025
US Tourism Dips Amid ICE Confinement Of Foreign Travelers
Stories of foreign travelers getting stuck in prolonged immigration detention while trying to enter the U.S. has other potential visitors spooked, leading to a predicted downturn for the hospitality industry and an economic hit for local businesses that rely on tourists.
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April 25, 2025
Judge Keeps Boeing Fraud Case In Chicago
An Illinois federal judge said Friday that equity funds accusing Boeing of defrauding investors by downplaying the 737 Max jets' safety flaws after a pair of deadly crashes in 2018 and 2019 must continue to litigate their claims in Chicago instead of having them heard in Virginia.
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April 25, 2025
Migration Agency Faces $100M EB-5 Investor Fraud Suit
A group of Chinese investors have filed a proposed class action accusing a Washington-based migration agency and a real estate investment group manager of fraudulently raising $100 million from overseas investors pursuing permanent U.S. residence via the EB-5 program with property that has now been auctioned off.
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April 25, 2025
Seattle Part-Time Judge Censured For Forged Parking Doc
Washington's judicial conduct board censured a part-time district court judge on Friday and recommended the state's high court oust him from office based on findings that he forged a note embossed with a county seal and another judge's signature stamp to get a parking discount near the Seattle courthouse.
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April 25, 2025
HHS Says Cuts Target Excess After Judge Seeks More Info
The U.S. Department of Health and Human Services told a Rhode Island federal judge that a group of states has no basis to challenge the cancellation of billions in grants supporting public health programs because they already received the funds appropriated to them by Congress.
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April 25, 2025
DHS Ordered To Restore Visa Status For More Wash. Students
A federal judge on Friday ordered the U.S. Department of Homeland Security to temporarily restore student visa status for four more international students in Washington state, on the same day the Trump administration said it would restore thousands of foreign students' visa records that had been abruptly terminated.
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April 25, 2025
Tort Report: Texas Justices Set Dram Shop Standard
The Texas Supreme Court's clarification of a bar's liability in a suit over the alleged overserving of alcohol and a suit over a Boeing whistleblower's suicide lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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April 25, 2025
Judge Asks How Ed Dept. Can Fulfill Mandates Without Staff
A Massachusetts federal judge on Friday appeared skeptical of arguments by the Trump administration that it can continue delivering legally mandated services without reinstating hundreds of U.S. Department of Education employees who were fired last month.
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April 25, 2025
Meta Rival's Mobile Streaming Patent Suit Trimmed By Judge
A Washington federal judge has narrowed a lawsuit accusing Meta of stealing mobile streaming application patents from a competing social media platform, deeming some of the targeted concepts abstract and lacking explanation.
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April 25, 2025
9th Circ. Won't Revive Judicial Complaint Over Detained Atty
The Judicial Council of the Ninth Circuit will not revive a judicial complaint brought against a federal judge after an attorney was held in contempt and taken into custody for repeated outbursts and arguing with the judge during a 2021 jury trial.
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April 24, 2025
Circuit-By-Circuit Guide As Justices Confront Class Cert. Split
The U.S. Supreme Court is set for climactic arguments over class certification standards that have cleaved circuits from coast to coast for much of the past two decades, teeing up a make-or-break ruling for many class actions and a transformative event for legal practice in the swelling litigation realm.
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April 24, 2025
21 Democratic AGs Back Susman Godfrey In Trump EO Fight
Twenty-one Democratic attorneys general filed a brief Thursday supporting Susman Godfrey LLP's fight against President Donald Trump's executive order revoking its access to government resources, saying it threatens lawyers' freedom to represent clients disfavored by the government, such as when John Adams defended British soldiers accused in the Boston Massacre.
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April 24, 2025
Automaker Group Sues Wash. Over New Biz Licensing Regs
An auto industry trade group is urging a federal judge in Washington state to strike down recent changes to state business licensing regulations, saying the amendments put manufacturers at risk of penalties for following longstanding federal law on vehicle windshield labels.
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April 24, 2025
Dragonchain Suit Dropped Amid SEC's Crypto Reg Revisit
The U.S. Securities and Exchange Commission has agreed to end its suit accusing blockchain platform Dragonchain and its founder of selling unregistered securities to thousands of investors, citing the Trump administration's push to clarify regulations surrounding digital assets like cryptocurrency.
Expert Analysis
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Where Can Privacy Plaintiffs Sue When Injury Is Online?
Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Amazon Holiday Pay Case Underscores Overtime Challenges
The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.
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Useful Product Doctrine May Not Shield Against PFAS Liability
Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.