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Washington
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April 22, 2025
DOJ Wants Time During 9th Circ. Vegas Room Rate Arguments
The U.S. Department of Justice has asked to participate in the Ninth Circuit argument for an appeal from Las Vegas casino-hotel guests accusing the operators of using software to inflate room rates, the first algorithmic price-fixing case to reach an appeals court.
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April 22, 2025
Death Suit Against Jet Ski Co. Meets Skeptical Wash. Panel
A Washington state appellate panel expressed skepticism on Tuesday of a family's appeal in a wrongful death case against a jet ski rental shop, with one judge suggesting it was "total speculation" that the fatal accident was triggered by high winds the business should have warned patrons about.
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April 21, 2025
Binance Crypto Suit Sent To Florida To Avoid Duplication
A Washington federal judge on Monday transferred to Florida a proposed class action over Binance's alleged role in laundering stolen cryptocurrency, finding that the case heavily overlapped with a lawsuit filed earlier in the Sunshine State that was sent to arbitration.
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April 21, 2025
En Banc 9th Circ. Revives Shopify Data Privacy Fight
A split Ninth Circuit en banc panel Monday revived a proposed class action alleging Shopify violates privacy rights by embedding payment-processing code on merchant websites that surreptitiously tracks consumers' location and collects personal data, with a nearly unanimous majority finding the location-tracking allegations establish specific jurisdiction in the Golden State.
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April 21, 2025
DHS Voids Order Ousting Canadian Cannabis Machinery CEO
The U.S. Department of Homeland Security on Monday urged a Washington federal judge to throw out a lawsuit accusing federal agents of illegally barring the Canadian CEO of a cannabis harvesting equipment company from entering the United States, citing the government's recent decision revoking a removal order against him.
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April 21, 2025
Premera's Teen Trans Policy 'Textbook' Sex Bias, Judge Says
Premera Blue Cross discriminated based on sex against transgender teens at the center of a lawsuit alleging the insurer and health plan administrator illegally denied coverage for gender-affirming chest surgery, according to a Washington federal judge who also denied class certification because the teens' claims are not typical of class members.
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April 21, 2025
Pot Company Once Allied With Influencer Wants Rehearing
A cannabis, spirits and vape company formerly associated with Instagram celebrity Dan Bilzerian is asking the Ninth Circuit for an en banc rehearing of a $1.6 million judgment against it, saying a panel of circuit judges ignored key facts when it found the company liable for breach of contract.
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April 21, 2025
Amazon Says Sanctions Unwarranted In Drivers' Wage Suit
Potential members of a collective action accusing Amazon of misclassifying drivers were not coerced into talking to attorneys representing the company, Amazon told a Washington federal court, urging the court to reject the drivers' bid to slap sanctions on the company.
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April 19, 2025
Real Estate Recap: Q1 Dealmakers, Tariff Tension
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the law firms that guided the 10 largest real estate deals of the first quarter, and how dealmakers and companies have been navigating uncertainty in the market.
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April 18, 2025
9th Circ. Won't Rethink Nixed Zillow, NAR Antitrust Case
The Ninth Circuit won't be rethinking a panel decision refusing to revive a defunct brokerage platform's case accusing Zillow and the National Association of Realtors of anticompetitively relegating its listings from Zillow's main page.
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April 18, 2025
IP Notebook: AI Prompts, DMCA Battle, Squishmallows Scuffle
Welcome to IP Notebook, a recurring series that highlights disputes and legal developments that raise novel or crucial questions in the trademark and copyright space.
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April 18, 2025
Boeing Bashed For 'Stonewalling' Discovery In 737 Fraud Suit
Norwegian Air subsidiaries accusing Boeing of fraud in connection with jet purchase deals have urged a Washington federal judge to force the aerospace giant to hand over documents in the case, citing Boeing's apparent "playbook of repeated delay, resistance and obfuscation."
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April 18, 2025
$6.5M Deal In Amazon's PillPack TCPA Suit Gets Final OK
A Washington federal judge on Friday approved a $6.5 million settlement to end a class action alleging Amazon.com affiliate PillPack LLC was responsible for unsolicited telemarketing calls that ran afoul of federal consumer law against robocalls and texts.
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April 18, 2025
Judge Sides With Wash. In NY Distillery's Sales Reg Challenge
A federal judge has rejected a New York whiskey maker's challenge to a Washington rule that distilleries must have a physical in-state location to sell to Evergreen State consumers online, saying the regulation isn't discriminatory because it "applies evenhandedly" regardless of the producer's home state.
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April 18, 2025
DHS Ordered To Restore Visa Status For Student From China
The U.S. Department of Homeland Security must restore the student visa status of a doctoral student from China and refrain from trying to deport him, a Washington federal judge has ordered, saying the agency actions based on a DUI arrest appear unlawful and likely to cause irreparable harm.
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April 17, 2025
Bill-Pay Co. Customers Can Continue With Most Of Class Action
Customers of online bill-pay service Doxo Inc. can proceed with most of their claims in a Consumer Protection Act proposed class action alleging the company deceived them by not disclosing fees upfront, a Washington federal judge ruled Thursday.
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April 17, 2025
9th Circ. Signals Support For Tribes' Cultural Loss Claims
A Ninth Circuit panel was skeptical Thursday that a Teck Resources unit could dodge the Confederated Tribes of the Colville Reservation's claims for tribal service losses stemming from a smelter's Columbia River pollution, with one judge saying Teck's argument was "splitting hairs."
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April 17, 2025
Planned Parenthood Patients Sue Lab Co. Over Data Breach
A Washington state-based diagnostic testing services provider for Planned Parenthood has been hit with a pair of proposed class actions in Seattle federal court over an October data breach that reportedly impacted as many as 1.6 million people.
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April 17, 2025
RI Judge Wants To Know Who's Behind $11B Health Grant Cuts
A Rhode Island federal judge on Thursday pressed the Trump administration for details about the decision-makers behind the cancellation of billions in grants supporting state public health programs.
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April 17, 2025
Wash. Justices Back Consumers In Old Navy Spam Email Suit
Washington's highest court said in a 5-4 ruling Thursday that the state's spam law bars commercial emails that include any false information in their subject lines, endorsing two consumers' broader interpretation of the statute in a proposed class action against Old Navy.
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April 17, 2025
Feds Say Estonians Won't Be Deported Before Fraud Sentence
Prosecutors told a Washington federal judge Thursday that they had secured approval for "deferred action" from the Department of Homeland Security on potential immigration proceedings against two Estonian men awaiting sentencing for a cryptocurrency fraud scheme.
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April 17, 2025
Navajo Man Owed Relocation Benefits, 9th Circ. Rules
The Ninth Circuit has ruled in a published opinion that a Navajo Nation member was wrongly denied relocation benefits after the U.S. government awarded his ancestral land to the Hopi Tribe, saying the federal relocation office relied on flawed findings and arbitrary reasoning when denying his claim.
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April 17, 2025
9th Circ. Tosses Objections To $10.4M CVS Wage Settlement
A pharmacist's objections to a $10.4 million settlement of a wage and hour class action affecting 24,000 CVS employees hold no weight, a Ninth Circuit panel found, ruling Thursday that a California federal judge adequately considered the merits of each objection before tossing them.
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April 17, 2025
Wash. Justices Strike Down Spokane's Homeless Camp Law
The Washington Supreme Court said a voter-approved initiative restricting encampments for homeless people in Spokane is unconstitutional, in an opinion Thursday that said the measure exceeds the scope of local initiative power because it impermissibly "tinkers" with a policy the city had previously adopted.
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April 17, 2025
9th Circ. Revives Defect Suit Against CR Bard Over Clot Filter
The Ninth Circuit on Thursday revived a patient's allegations that C.R. Bard's blood clot-preventing IVC filter was defective, ruling that a lower court was wrong to throw out the suit as untimely since there are factual disputes as to when the patient noticed the filter had malfunctioned.
Expert Analysis
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State AG Enforcement Is Poised For Another Pivot In 2025
Backed by a Republican-controlled U.S. House of Representatives and Senate, the Trump administration intends to make substantial policy changes, and attorneys general of both parties around the country are preparing their response playbooks, say attorneys at WilmerHale.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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Opinion
Commercial Tree Thinning Should Be Part of Wildfire Control
The devastating wildfires currently afflicting California make it clear that the U.S. Forest Service should step up its use of methods including commercial tree removal to lower fire risk — but litigation that drags on for years stymies many of these efforts and endangers the public, says Jeffrey Beelaert at Givens Pursley.
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High Court Could Further Limit Deference With TCPA Fax Case
The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Opinion
Legal Personhood Can Give Natural Entities Their Day In Court
Granting legal personhood to natural entities like the River Thames, or vulnerable species like the Pacific bearded seal and Arctic ringed seal, could protect them from ecological threats and the vagaries of politics, and help us transform our relationship with nature, says Sachin Nandha at the International Centre for Sustainability.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar
A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Predicting Where State AGs Will Direct Their Attention In 2025
In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.