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Washington
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July 18, 2025
Stewart Issues Discretion Decisions For 56 More Petitions
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart issued 25 more orders on requests for discretionary denial, deciding a total of 56 cases, while the results of earlier proceedings she let move forward have started to roll out.
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July 18, 2025
T-Mobile Wants Wash. AG's Data Breach Claims Tossed
T-Mobile is calling its promises to protect its subscribers' privacy "puffery" in a bid to get out of a Washington state lawsuit over a 2021 cyberattack, saying its commitments to "safeguards" and to "do the right thing" with users' data couldn't have misled consumers because they were completely unspecific.
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July 18, 2025
Albertsons Spam Text Plaintiff Gets Chance To Revise Suit
A Washington federal judge on Friday threw out a proposed class action accusing Albertsons of sending consumers unsolicited text advertisements, yet she gave the plaintiff a shot at filing a new version of the lawsuit with a screenshot and more specifics to back his claims.
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July 18, 2025
Judge Unsure Of Alternatives To Nationwide Birthright Ruling
A Massachusetts federal judge on Friday wrestled with how the government would implement any alternatives to a nationwide block on President Donald Trump's order limiting birthright citizenship and what type of decision would comply with recent high court precedent.
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July 18, 2025
Huawei Trial In Wash. Again Delayed, Till 2027
A Washington state federal judge on Friday approved a request from prosecutors and Huawei Device Co. Ltd. to again delay a trial on charges that the Chinese telecommunications company stole T-Mobile's trade secrets, this time to 2027.
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July 18, 2025
9th Circ. Turns Away Wells Fargo's 'Sham' Hiring Appeal
The Ninth Circuit has said it will not hear Wells Fargo's appeal of an investor lawsuit accusing the company of conducting "sham" job interviews to meet a diversity quota, allowing thousands of shareholders to move forward with their claims as a class.
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July 17, 2025
21 States Fight ACA Rule They Say Guts Health Coverage
A 21-state coalition led by the attorneys general of California, Massachusetts and New Jersey sued the U.S. Department of Health and Human Services and the Centers for Medicare and Medicaid Services on Thursday, challenging a new Trump administration rule they say unlawfully undermines access to healthcare under the Affordable Care Act.
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July 17, 2025
9th Circ. Panel Appears Split On Trump Order Curbing Unions
A three-judge Ninth Circuit panel appeared divided Thursday on a lower court's ruling that halted enforcement of President Donald Trump's executive order axing labor contracts covering agencies that have "national security" aims, with one judge expressing concern over the order's implications while two questioned if they can second-guess the president's determination.
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July 17, 2025
Insurer Says No Coverage For $1.7M Apartment Damage
A property insurer for an apartment complex owner told a Washington federal court it owes no coverage for a "wind-driven rain" claim that the owner said totals more than $1.7 million in repair costs, alleging that the owner's prior insurer already denied coverage for the same claim.
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July 17, 2025
REI Escapes 401(k) Suit Over Recordkeeping Fee Threshold
REI defeated a proposed class action claiming it unlawfully only charged 401(k) participants for administrative costs if they had at least $5,000 in their accounts, with a Washington state federal judge saying federal benefits law doesn't require fiduciaries to distribute expenses equally.
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July 17, 2025
JPMorgan Chase Can't Force Arbitration In Client Racism Suit
A Washington federal judge has rejected a bid by JPMorgan Chase Bank NA to send a customer's racial discrimination suit to arbitration, concluding the bank did not show the arbitration clause in its deposit account agreement is valid and enforceable against the plaintiff family.
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July 17, 2025
Former Club Rugby Champ Jailed For Crypto Ponzi Scheme
A Seattle federal judge on Wednesday sentenced a former national champion club rugby player to 30 months in prison for wire fraud after he defrauded investors with promises of building a new cryptocurrency mining operation.
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July 17, 2025
Watchdog Raises Concerns On 9th Circ. Nominee's Crypto Work
President Donald Trump's nominee for the Ninth Circuit has a long record of representing cryptocurrency companies, which a watchdog group fears could aid what it calls the president's "self-enrichment" with digital currency.
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July 16, 2025
Disbarred Atty Urges 9th Circ. To Nix $243M Loan Scam Order
A Ninth Circuit panel appeared skeptical Wednesday of a disbarred attorney's bid to unwind an order requiring the lawyer to pay $243 million for his role in a student loan scam, pressing back against his claim that he had no opportunity to depose two witnesses because he was in custody.
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July 16, 2025
Amazon Beats Class Suit Over Prime Video Ads For Good
A Washington federal judge has permanently ended a proposed class action against Amazon.com Inc. over the introduction of commercials on the company's Prime Video streaming service, reiterating on Wednesday her prior ruling that the company's subscriber terms permitted the change.
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July 16, 2025
American Airlines Pushed Assault Victim Out, Suit Says
American Airlines pushed a customer service agent out of her job after she reported that her supervisor repeatedly physically assaulted her at work by punching, pulling her hair and kicking her, according to a suit the airline removed to Washington federal court.
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July 16, 2025
DOJ Tells 9th Circ. TPS Cancellation Delay Can't Stand
The U.S. Department of Justice maintained that the Ninth Circuit should vacate a California federal judge's order postponing its termination of temporary protected status for Venezuelans, based on the U.S. Supreme Court's recent ruling curtailing nationwide injunctions.
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July 16, 2025
9th Circ. Tosses Atty-Farmer's Suit Over USDA Organic Label
The Ninth Circuit on Tuesday upheld a U.S. Department of Agriculture rule allowing farm collectives in the U.S. and other countries to be certified as "organic" under one certificate and not inspected annually, tossing an attorney-turned-Oregon hazelnut farmer's suit alleging Turkish growers were defrauding the system.
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July 16, 2025
States Push To Keep Nationwide Block On Birthright Order
A coalition of states told a Massachusetts federal court Tuesday that nothing less than a nationwide injunction can provide complete relief in the states' case against President Donald Trump's executive order targeting birthright citizenship.
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July 16, 2025
FEMA Targeted In 20-State Suit Over Pre-Disaster Grant Cuts
A coalition of 20 states led by Washington and Massachusetts sued the Federal Emergency Management Agency in Boston federal court Wednesday, accusing the Trump administration of illegally cutting off billions of dollars in grants for proactive disaster mitigation projects across the country.
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July 16, 2025
Kratom Seltzers 'Addictive,' Wash. Class Suit Alleges
A proposed class of kratom product buyers is suing Mitra-9 Brands LLC in Washington federal court, alleging that the company knew — but failed to warn customers — that the products are addictive in the same way as opioids and can cause withdrawal symptoms.
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July 15, 2025
9th Circ. Backs Nature's Way Loss In Supplements TM Suit
The Ninth Circuit on Tuesday upheld a lower court's finding that a Doctor's Best Inc. brand of supplements didn't infringe a trademark of competitor Nature's Way Products LLC because the Doctor's Best products were all sold outside the U.S.
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July 15, 2025
Insurers Prevail In $59M Mishandled Remains Row At 9th Circ.
Two insurers for a provider of medical training have no duty to cover a $58.5 million civil judgment against a man found liable for mishandling donated bodily remains, the Ninth Circuit ruled Tuesday, though also allowing the underlying claimants to still pursue bad faith claims against the insurers.
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July 15, 2025
9th Circ. Won't Revive SAG-AFTRA Vax Mandate Challenge
The Ninth Circuit declined Tuesday to reinstate a suit claiming SAG-AFTRA shirked its duties to union members by greenlighting a COVID-19 vaccine mandate to get actors back to work during the pandemic, ruling their claims are either untimely or preempted by federal labor law.
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July 15, 2025
9th Circ. Rejects Sentencing Enhancement In Gun Case
A Washington state federal court should not have applied a sentencing enhancement in the case of a man who handed a gun to someone who later used it to shoot an undercover federal agent, the Ninth Circuit said Monday, finding there wasn't proof his five-second hold on the weapon emboldened the shooter.
Expert Analysis
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Bid Protest Spotlight: Prejudice, Injunctions, New Regulations
In this month's bid protest roundup, Markus Speidel at MoFo looks at three recent decisions that consider whether a past performance evaluation needs to show prejudice to be successfully challenged, the prerequisites for injunctive relief and the application of new regulatory requirements to indefinite-delivery, indefinite-quantity contracts.
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Unpacking First Consumer Claim Under Wash. Health Data Act
The first consumer class action claim filed under Washington's My Health My Data Act, Maxwell v. Amazon.com, may answer questions counsel have been contending with since the law was introduced almost a year ago, if the court takes the opportunity to interpret some of more opaque language, say attorneys at Polsinelli.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Implementation, Constitutional Issues With Birthright Order
President Donald Trump's executive order reinterpreting the 14th Amendment's birthright citizenship clause presents unavoidable administrative problems and raises serious constitutional concerns about the validity of many existing federal laws and regulations, says Eric Schnapper at the University of Washington School of Law.
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Justices Likely To Issue Narrow Ruling In $1.3B Award Dispute
After last week's argument in Devas v. Antrix, the Supreme Court appears likely to reverse the holding that minimum contacts are required before a federal court may exercise personal jurisdiction over a foreign state and remand the case for further litigation on other important constitutional questions, say attorneys at Cleary.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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The Political Branches Can't Redefine The Citizenship Clause
The U.S. Supreme Court’s Wong Kim Ark opinion and subsequent decisions, and the 14th Amendment’s legislative history, establish that the citizenship clause precludes the political branches from narrowing the definition of citizen based on how a parent’s U.S. presence is categorized, says federal public defender Geremy Kamens.