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Washington
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August 21, 2025
Amazon Bags Toss Of Grocery Delivery Fee Disclosure Suit
A Washington federal judge on Wednesday threw out a proposed class action that alleged the Amazon Fresh website waited too late in the checkout process to disclose delivery fees, saying the conditions of use on Amazon.com Inc.'s websites prevented a woman from lodging claims under California law.
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August 21, 2025
9th Circ. Dissenters Rip Judge's 'Weaponization Of Sanctions'
A half-dozen Ninth Circuit judges Thursday denounced six-figure sanctions against attorneys for prominent politicians challenging Arizona election procedures, accusing a lower court of "twisting and contorting" allegations in order to punish lawyers "based on the nature of the complaint and the clients that they represented."
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August 21, 2025
Challenge To Fed Layoffs Is 'Fishing Expedition,' 9th Circ. Told
A federal government attorney told a Ninth Circuit panel Thursday that a group of unions, nonprofits and cities challenging President Donald Trump's massive layoffs of federal workers have no right to communications and documents showing what went into the layoff decisions, saying it's a "fishing expedition in search of a viable legal theory."
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August 21, 2025
Amazon Must Yield To DOL Expense Subpoena, 9th Circ. Says
Amazon has to comply with the U.S. Department of Labor's demands for data on travel reimbursements paid to supervisors sent to New York to dissuade warehouse workers from unionizing, a Ninth Circuit panel said on Thursday, concluding the information is germane to an agency probe of potential reporting violations.
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August 21, 2025
States Urge 2nd Look At $185M Metals Fraud Ruling
State regulators are asking a Texas federal judge to reconsider a ruling that threatens a $185 million fraud case before it can be brought to trial in October, saying that the judge contradicted ruling precedent when he decided that metals like gold and silver don't qualify as commodities in some instances.
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August 21, 2025
UC Grant Cuts Over DEI Likely Stifle Speech, 9th Circ. Says
The Ninth Circuit on Thursday refused to pause a preliminary injunction requiring three federal agencies to reinstate research grants terminated following two of President Donald Trump's executive orders seeking to eliminate diversity, equity and inclusion, saying the terminations likely aimed to suppress speech favorable of DEI and environmental justice.
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August 21, 2025
Nintendo Gets PTAB To Pare 2 Patents In Switch Fight
The Patent Trial and Appeal Board has found that Nintendo Co. Ltd. was able to show that claims in two patents it was accused of infringing in a Washington federal court lawsuit were obvious.
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August 21, 2025
9th Circ. Rejects Rehearing On Alaskan Willow Oil Project
A Ninth Circuit panel won't undo its ruling to uphold the federal government's decision to only move forward with alternative versions of the ConocoPhillips Willow project that strayed from its original plans and that Alaskan Native and environmental advocacy groups say will result in full development of the Arctic oil reservoir.
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August 21, 2025
Workers Snag Deal In $500M Twitter Severance Suit
Social media platform X has agreed to settle a suit accusing it of owing workers $500 million in severance after Elon Musk took the reins of the company while it was still named Twitter, the two workers suing and the entity told the Ninth Circuit.
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August 21, 2025
9th Circ. Lets DHS End More Temporary Protections, For Now
A Ninth Circuit panel put on hold for now a district court ruling postponing the Trump administration's bid to end temporary protected status for 60,000 people from Nicaragua, Honduras and Nepal, but denied the government's bid to halt the lower court proceedings.
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August 21, 2025
DOJ Gets Backing In Fight Over Public Benefits
A group that fights to restrict immigration into the U.S. is urging a Rhode Island federal court to let the Trump administration narrow noncitizens' access to programs like Head Start, homeless shelters and food banks, arguing Thursday that a coalition of 20 states is trying to obstruct immigration enforcement and give benefits to "illegal aliens."
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August 21, 2025
High Court Allows Trump Admin To Cancel $783M In NIH Grants
The U.S. Supreme Court on Thursday allowed the Trump administration to resume the mass termination of scientific grants, overturning rulings by lower courts that had kept the funds flowing to universities and other recipients.
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August 21, 2025
EPA Denies 'Sitting On Its Hands' On Pesticide Ban Request
The U.S. Environmental Protection Agency on Wednesday asked the Ninth Circuit to reject green groups' effort to force it to respond to their petition to ban organophosphate pesticides, saying it "has not unreasonably delayed action."
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August 21, 2025
Employer Plans In Limbo As Courts Grapple With Trans Care
Despite appellate courts' apparent willingness to allow states to ban gender-affirming care for minors, employers are still waiting for clarity on whether federal anti-discrimination laws require health plans to cover transgender healthcare access, experts say.
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August 20, 2025
17 States, DC Urge FDA To Lift Mifepristone Restrictions
Seventeen states and the District of Columbia Wednesday joined four others in urging the U.S. Food and Drug Administration to lift restrictions on the abortion drug mifepristone, saying that data their health departments collected overwhelmingly back the drug's safety.
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August 20, 2025
Judge Grills Feds On Upending 30-Year Noncitizen Benefits
A Rhode Island federal judge seemed perplexed Wednesday by a government attorney's contention that for nearly 30 years, various administrations across the political spectrum have wrongly interpreted a law the Trump administration now says requires immigration status checks for additional federal benefits.
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August 20, 2025
Wash. Seeks To Stop NOAA's Climate Change Grant Cuts
The state of Washington is urging a Seattle federal judge to save more than $9.3 million in climate change resiliency funding that it claims is "on the chopping block" as the Trump administration moves to eliminate programming to promote environmental justice and reduce carbon emissions.
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August 20, 2025
9th Circ. Told Apple, Google CEO Meeting Aids Antitrust Claim
A California crane operator training school's attorney told a Ninth Circuit panel Wednesday that a lower court erred in dismissing his client's suit alleging an antitrust conspiracy between Apple and Google because a meeting between the companies' CEOs should have been taken into consideration as supporting the claim.
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August 20, 2025
Wash. AG Wins $28M In Fees In Kroger-Albertsons Deal Fight
A Washington judge has awarded the state attorney general's office $28.4 million in legal fees for its efforts to block the merger between Kroger and Albertsons that was also challenged by the Federal Trade Commission, largely rejecting the grocery giants' objections to a total fee request of $32.4 million.
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August 20, 2025
Split 9th Circ. Rejects Retrial Of SF Gang Members
The Ninth Circuit on Wednesday affirmed the life sentences of two San Francisco gang members for committing a murder at a 2019 funeral, finding that the district court correctly refused to bifurcate their trial since legal precedent prohibited it.
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August 20, 2025
Wash. 5G Provider Inks $1.2M Deal In Overtime Suit
A Washington 5G provider has agreed to pay $1.2 million to end a proposed class and collective action in federal court accusing it of automatically deducting unpaid time for lunch breaks and not including per diems in workers' overtime calculations, a former technician said Wednesday.
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August 20, 2025
Microsoft Fired Manager Despite Army Praise, Suit Says
Microsoft removed a federal contract manager in Germany and later fired her after she pursued disability and retaliation claims, even as the U.S. Army expanded its contract with the company and praised her work, according to a complaint filed in Washington federal court.
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August 20, 2025
9th Circ. Axes Navajo Man's Confession Over Missing Woman
A split Ninth Circuit panel has ruled that a Navajo man in Arizona can suppress a statement he made to law enforcement about assaulting a missing woman after ruling that officers violated his right to remain silent by luring him back into questioning.
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August 20, 2025
Farmworkers Union Can't Halt Latest Prevailing Wages Survey
A farmworkers union cannot halt the U.S. Department of Labor from replacing 2020 prevailing wages with 2022 wage-survey results, a Washington federal judge ruled, saying the alleged harm is self-inflicted because the later wages were published following the union's actions.
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August 19, 2025
Wash. Court Nixes Rape Convictions Over Too-Broad Warrant
A Washington appellate court Tuesday reversed a man's convictions on 12 counts of rape, saying the detectives who obtained videos of the man's alleged assaults upon an unconscious ex-girlfriend used an overbroad search warrant in an auto theft investigation.
Expert Analysis
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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9th Circ. Leaves Scope Of CIPA Applicability Unclear
Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Notable Q2 Updates In Insurance Class Actions
Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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How States Are Regulating Health Insurers' AI Usage
The absence of a federal artificial intelligence framework positions states as key regulators of health insurers’ AI use, making it important for payors and service providers to understand the range of state AI legislation being passed in California and elsewhere, and consider implementing an AI-focused compliance infrastructure, say attorneys at Ropes & Gray.
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Location Data And Online Tracking Trends To Watch
Regulators and class action plaintiffs are increasingly targeting companies' use of online tracking technologies and geolocation data in both privacy enforcement and litigation, so organizations should view compliance as a dynamic, cross-functional responsibility as scrutiny becomes increasingly aggressive and multifaceted, say attorneys at Arnold & Porter.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.