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Washington
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June 11, 2025
CFPB's Fee Brief May Be Gone But Not Forgotten, Judge Says
A Seattle federal judge has allowed the Consumer Financial Protection Bureau to pull back its Biden-era amicus support for a consumer fee class action against Nationstar Mortgage, but she said she may still take the agency's prior legal arguments into account.
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June 11, 2025
Wash. Panel Grills Worker Family On $5M Asbestos Win Basis
A Washington appellate panel seemed skeptical Wednesday that a family's $5.5 million win against an industrial manufacturer could stand when it never made the asbestos-containing equipment at issue in the product liability case, with one judge also remarking the company had raised a "hard argument" on appeal.
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June 11, 2025
VA Contractor To Pay $4.3M To Resolve Overbilling Claims
Healthcare technology company Omnicell Inc. has agreed to pay more than $4.3 million to settle allegations it fraudulently overcharged the U.S. Department of Veterans Affairs for medical products and software, federal prosecutors said Wednesday.
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June 11, 2025
AGs Press Meta To Do More To Stop Pump-And-Dump Scams
Attorneys general from states and territories around the country, as well as the District of Columbia, sent an open letter to Meta Platforms Inc. Wednesday urging the social media giant to help stem the tide of widespread investment scams across Facebook and WhatsApp that they said have caused people to lose "life-changing" amounts of money.
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June 11, 2025
NFL Tells 9th Circ. $4.7B Sunday Ticket Verdict Rightly Nixed
The National Football League has told the Ninth Circuit that a lower court was right to toss a $4.7 billion jury verdict for claims that the league colluded to raise the price of the Sunday Ticket broadcast package on DirecTV, after the court found testimony from a pair of experts during trial was unreliable.
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June 10, 2025
9th Circ. Weighs Bids To Revive 3 Website Wiretapping Suits
A Ninth Circuit panel Tuesday appeared skeptical of a trio of consumers' bids to resurrect separate proposed class actions accusing Papa John's, Converse and Bloomingdale's of unlawfully tracking website visitors, questioning whether the plaintiffs' claims fit within the scope of California's wiretapping and eavesdropping protections.
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June 10, 2025
States Sue To Block 23andMe From Selling DNA Data In Ch. 11
A bipartisan coalition of 28 attorneys general has sued 23andMe Inc. in Missouri bankruptcy court seeking to block the genetic-testing company from auctioning off its 15 million customers' personal genetic information without their explicit consent in its ongoing Chapter 11 proceeding.
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June 10, 2025
9th Circ. Revives Real Estate Investor Securities Suit, Again
The Ninth Circuit on Tuesday once again revived a proposed securities class action accusing investment guru Grant Cardone of making misleading social media statements to sell interests in his companies' real estate investment funds, holding, among other findings, that the complaint sufficiently alleged Cardone "subjectively disbelieved" certain stated projections.
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June 10, 2025
9th Circ. Says Legal Co.'s $1.7M Chase Check Suit Is Too Late
The Ninth Circuit affirmed a California federal court's ruling dismissing a suit by legal support company Nationwide Legal against JPMorgan Chase, saying its suit claiming Chase Bank acted negligently when it allowed a Nationwide Legal employee to deposit fraudulent checks was time-barred.
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June 10, 2025
Amazon Can't Duck Suit Over Non-FDA Approved Supplements
Amazon must face a proposed class action alleging it sells non-FDA approved supplements touting health-related claims without mandatory disclaimers, after a Washington federal judge rejected the company's argument the plaintiffs lack standing to pursue claims over supplements they never bought, finding the plaintiffs allege a uniform, systematic marketing practice.
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June 10, 2025
Panel Dooms U. Of Washington's COVID-19 Coverage Battle
The University of Washington cannot get coverage from a Liberty Mutual unit for COVID-19-related losses under its all-risk property policy requiring "direct physical loss or damage" to insured property for coverage to be triggered, a Washington state appeals court ruled.
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June 10, 2025
9th Circ. Skeptical Oregon Hospital Merger Law Is Too Vague
A Ninth Circuit panel on Monday appeared skeptical of a hospital association's challenge to an Oregon law that grants a state agency broad power to block proposed healthcare consolidations to ensure equitable access to healthcare, with two of the three judges questioning whether federal law could limit the state's authority.
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June 10, 2025
Edward Jones Among 5 Firms Paying $9.3M Over Inflated Fees
Edward Jones, TD Ameritrade and three other wealth adviser firms have reached a $9.3 million settlement with the North American Securities Administrators Association after having been accused of overcharging fees for small-dollar investors.
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June 10, 2025
Wash. Justices Unsure About State Bar's Atty Suspension Bid
The Washington Supreme Court seemed split Tuesday on a request from the state bar association to suspend an attorney for failing to cooperate with a misconduct investigation, with several justices flagging the "different story" shared by the respondent lawyer, who claims to have provided all requested information.
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June 10, 2025
9th Circ. Says Immigration Board Can Review Atty Failure
The Ninth Circuit ruled Tuesday that the Board of Immigration Appeals failed to adequately explain its conclusion that it couldn't review a Chinese man's claims of ineffective counsel before the appeals court.
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June 10, 2025
Trump Wind Farm Pause Has Stalled Projects, Judge Hears
A coalition of blue states and industry advocates told a federal judge on Tuesday that the recent mothballing of a New Jersey offshore wind project exemplifies the damage being inflicted by the Trump administration's unlawful decision to pause wind farm permitting.
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June 10, 2025
T-Mobile Worker Can't Upend Arbitration Order In OT Suit
A T-Mobile technician cannot keep his unpaid overtime lawsuit in court, a Washington federal judge ruled Tuesday, saying he failed to show that he was duped into signing a delegation clause that mandated issues surrounding the arbitrability of his claims be decided outside court.
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June 10, 2025
Nev. Pension Plan Urges 9th Circ. To Ax DOJ Military Bias Suit
Pension credits bought by military service members aren't an accrued benefit under the Uniformed Services Employment and Reemployment Rights Act, Nevada's public employee retirement system argued, urging the Ninth Circuit not to revive the U.S. Department of Justice's suit alleging the state and system overcharged employees for the credits.
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June 10, 2025
Blue States Back Harvard In $2.2B Funding Freeze Fight
A coalition of 20 states and the District of Columbia filed a brief supporting Harvard University's bid for a pretrial win in its challenge to the Trump administration's move to freeze $2.2 billion in funds, telling a Massachusetts federal judge that the president's attacks on universities are "an attack on the states themselves."
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June 09, 2025
Judge Rebukes Navy Vet's Counsel In VA Malpractice Trial
A Washington federal judge narrowed the scope of a Navy veteran's medical malpractice case against the federal government on Monday, chiding her counsel for trying to change a years-old expert opinion on the eve of a long-awaited bench trial and "wasting" time on unnecessary questioning.
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June 09, 2025
Justices Urged To Keep Pause On 'Breakneck' Gov't Overhaul
The U.S. Supreme Court should leave in place a California federal judge's order barring implementation of layoffs and reorganizations at various federal departments and agencies, several unions and nonprofits argued Monday, claiming a decision allowing the changes would irreversibly harm the federal government and render Congress and the judiciary powerless.
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June 09, 2025
Titan Of The Plaintiffs Bar: Hagens Berman's Steve W. Berman
Steve Berman turned 70 recently, and his long career as one of the nation's foremost plaintiffs attorneys is now littered with society-changing milestones and multibillion-dollar courtroom victories. Even so, he hasn't slowed down a wink.
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June 09, 2025
9th Circ. Awaits Justices' Ruling On Birthright Citizenship
A Ninth Circuit panel has elected to hold off on deciding whether to affirm a Washington federal court order blocking the Trump administration from limiting birthright citizenship until the U.S. Supreme Court rules on the matter.
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June 09, 2025
15 States, DC Sue ATF Over Machine Gun Trigger Turnaround
Fifteen states and the District of Columbia sued the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives and U.S. Attorney General Pamela J. Bondi on Monday, alleging the Trump administration "suddenly reversed course" on regulations of machine gun conversion devices called forced reset triggers, switching from banning the triggers to returning them to their owners.
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June 06, 2025
High Court Says Software Glitch Led To Early Order List Drop
An "apparent software malfunction" caused the U.S. Supreme Court's order list to be issued early Friday, orders in which the justices granted certiorari in four cases and refused to take up a long list of other ones, including cases centered on Pennsylvania's election system and the Obama Presidential Center.
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.