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Washington
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August 27, 2025
Millionaire Dating Site Wins Privacy Arbitration Bid At 9th Circ.
The Ninth Circuit has ruled that an Illinois man must arbitrate his claims that a dating service for millionaires unlawfully stored its users' "face templates," saying in an unpublished opinion that a California federal court did not look at the totality of the circumstances concerning the dating website's service agreement.
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August 27, 2025
Former Workers Can Be Experts In FTC's Amazon Prime Trial
A quartet of former Amazon.com Inc. user experience workers can testify as both fact and expert witnesses in the Federal Trade Commission case accusing the retail giant of using "dark patterns" to trick users into Prime subscriptions, a Washington federal judge ruled Tuesday.
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August 27, 2025
Live Nation Concertgoer Claims Violent Treatment By Security
Events giant Live Nation Entertainment Inc. is facing a lawsuit in Washington federal court over what a concertgoer claims was violent treatment by security guards and sheriff's deputies following a 2022 show at the Gorge Amphitheatre in Quincy, Washington.
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August 27, 2025
Feds, Blue States Clash Over Future Of EV Funding Fight
The Trump administration says its recent decision to release funding for new electric-vehicle charging infrastructure moots Democratic-led states' litigation challenging the prior revocation of the funding, but the states said they're still being harmed and their lawsuit should proceed.
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August 27, 2025
Why This Small-Firm Lawyer Charges $3,000 Per Hour
As a solo or small firm attorney, would you charge $3,000 per hour? Meet one attorney who does — and learn how his story of ultra-high prices could help you set your own rates.
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August 26, 2025
9th Circ. Won't Revive Website Wiretap Suit Against Microsoft
The Ninth Circuit Tuesday affirmed the dismissal of a proposed class action accusing Microsoft Corp. of providing a pet supply website with "session replay" technology that illegally captured visitors' browsing activities, finding that the plaintiff had failed to show how this alleged conduct caused concrete harm.
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August 26, 2025
Uber Eats To Pay Couriers $15M To End Seattle's Wage Claims
Uber Eats has inked a $15 million settlement to end allegations that it flouted the city of Seattle's worker protection laws by failing to pay drivers what they were promised, including bonus earnings and minimum payments for canceled fares.
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August 26, 2025
Teradata Asks High Court To Stay Out Of SAP Tying Fight
The U.S. Supreme Court should let sitting dogs lie when it comes to a Ninth Circuit decision reviving tying claims brought by data analytics giant Teradata against a German rival and software maker and just let the matter head to trial, according to the U.S.-based Teradata.
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August 26, 2025
Split 9th Circ. Upholds Oregon Pharmaceutical Reporting Law
A split Ninth Circuit panel on Tuesday vacated a lower court's order blocking an Oregon law requiring drug manufacturers to report information related to certain prescription drugs to the state, ruling that the law is indeed constitutional under both the First and Fifth amendments.
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August 26, 2025
Feds Appeal No-Jail Sentences In $577M Crypto Fraud Case
Federal prosecutors said Tuesday that they're appealing the time-served sentences for two Estonian nationals who pled guilty to wire fraud conspiracy in connection with a $577 million cryptocurrency mining Ponzi scheme, while the federal judge who handed down the sentencings called them "one of the most difficult" of his career.
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August 26, 2025
Ex-Genentech Worker Urges 9th Circ. To Revive ERISA Suit
Counsel for a former Genentech employee urged the Ninth Circuit at a hearing Tuesday to revive his client's proposed class action alleging the biotechnology company kept unwise investment options in its 401(k) plan for years, saying the case is "vastly different" from one the lower court cited when tossing the suit.
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August 26, 2025
Google Backers Cite Security, Competition To 9th Circ.
Trade groups, cybersecurity experts, think tanks and others backed Google with proposed Ninth Circuit amicus briefs arguing that an order affirmed by an appeals panel opening up the Play Store will upend competition and endanger security.
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August 26, 2025
USDOT Threatens States With Funding Cuts Over Truck Safety
The U.S. Department of Transportation on Tuesday threatened to withhold funds from California, Washington and New Mexico over their apparent failures to enforce federal mandates that all commercial truck drivers be proficient in the English language.
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August 26, 2025
Wash. Panel Nixes $5.5M Judgment In Asbestos Cancer Suit
A Washington appeals panel has thrown out a $5.5 million judgment against Hardie-Tynes Co. Inc. in a suit alleging its predecessor's products contained asbestos that gave a former Navy worker mesothelioma, saying there's no successor liability where the new company did not make products containing the same dangerous substance.
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August 26, 2025
Blacklist Suit Blocked By Illegal Biz Ties, Justices Told
LegitScript has asked the U.S. Supreme Court to intervene against the Ninth Circuit's decision to make it face PharmacyChecker.com's antitrust blacklisting claims, arguing the lower court rulings wrongly allow PharmacyChecker to sue to protect a business focused on facilitating the illegal importation of drugs.
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August 26, 2025
Anthropic, Authors Reach Deal In AI Copyright Cases
Artificial intelligence developer Anthropic said Tuesday it has inked a deal to end copyright litigation from authors who allege that their works were illegally obtained to train the company's large language model, Claude.
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August 26, 2025
Clause Not Unconscionable In Jet Damage Row, 9th Circ. Says
A "limitation of liability" provision that an aircraft services company used in a "landing card" agreement for arriving aircraft wasn't unconscionable under Nevada law, the Ninth Circuit ruled, siding against an insurer demanding that the company reimburse it for damage to a private jet stored at a Las Vegas airport.
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August 26, 2025
Wash. Cities Settle Yacht Club's Clean Water Act Suit
Two Washington cities have tentatively settled a yacht club's federal lawsuit claiming the municipalities muddied the waters of its marina by failing to maintain critical stormwater infrastructure and allowing the discharge of silt-laden runoff.
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August 26, 2025
Littler Adds Former NLRB Atty, Corporate Counsel In Seattle
Littler Mendelson PC has brought on a former National Labor Relations Board attorney and corporate labor counsel as a shareholder in its Seattle office, the firm announced.
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August 25, 2025
Trump Admin Agrees To Release Frozen Education Funds
The Trump administration has agreed to release to a coalition of states the full balance of some $6.8 billion in congressionally appropriated educational program funding, the parties told a Rhode Island federal judge Monday, a little more than a month after the states challenged the funding freeze.
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August 25, 2025
Eli Lilly Settles Feud With Clinics Over TM Infringement
Eli Lilly & Co. has come to terms with two clinics that it sued in Washington federal court for trademark infringement after accusing them of tricking customers into thinking they were buying brand name versions of weight loss medications Mounjaro and Zepbound.
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August 25, 2025
9th Circ. Will Hear New Args In $1.3B India Award Suit
The Ninth Circuit on Monday agreed to consider issues left open by the U.S. Supreme Court following its decision earlier this year to revive an Indian satellite communications company's bid to enforce a decade-old $1.3 billion arbitral award against India.
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August 25, 2025
Nationstar Loan Payoff Statement Fees OK'd By Wash. Judge
A Washington federal judge has sided with Nationstar in a proposed class action alleging illegal fees, recognizing the home loan servicer is allowed to charge a "reasonable fee" for expedited delivery of a loan payoff statement upon request.
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August 25, 2025
Washington Judge OKs Tenant Class Challenging Lease Terms
A Washington federal judge certified a class of Washington tenants accusing a landlord for more than 700 U.S. residential properties of having lease provisions, such as service fees, that violate state law.
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August 25, 2025
Unions Urge 9th Circ. To Uphold Order Halting Bargaining EO
The American Federation of Government Employees and other unions defended a lower court injunction halting several federal agencies from enforcing an executive order focused on eliminating labor contracts covering agencies that have "national security" aims, arguing the president's directive was retaliatory.
Expert Analysis
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Plan For Increased HSR Info Sharing With Wash. Antitrust Law
Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.
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How High Court Ruling Can Aid Judgment Enforcement In US
In CC/Devas (Mauritius) v. Antrix, a unanimous U.S. Supreme Court recently ruled that only two steps are required to keep a foreign sovereign in federal court, making it a little easier for investors to successfully bring foreign states and sovereign-owned and -controlled entities into U.S. courts, says Kristie Blase at Felicello Law.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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9th Circ. Ruling Is Turning Point For Private Funds In 401(k)s
The Ninth Circuit's decision in Anderson v. Intel reinforces that the Employee Retirement Income Security Act's duty of prudence permits fiduciaries to use private market assets in diversified funds, yet it also exposes the persistent litigation and regulatory uncertainties that continue to temper wider adoption in 401(k) plans, say attorneys at Debevoise.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.