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Washington
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July 25, 2025
Anthropic Asks To Stay Copyright Suit To Appeal Class Cert.
Anthropic PBC has said it will seek a quick appeal to the Ninth Circuit of a California federal judge's decision last week to certify a class of owners of copyrights for books included in pirate websites that were downloaded by the AI developer to train its Claude generative text model.
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July 25, 2025
Jury Awards $5M To Utility Inspector Fired Over Work Injuries
A former field inspector for a Washington utility was awarded $5 million in emotional damages after a federal jury found his termination over his medical restrictions contravened state and federal prohibitions on disability discrimination.
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July 25, 2025
Wash. Judge Tosses Costco Customer's Online Upcharge Suit
A Washington state judge has thrown out a consumer's proposed class action accusing Costco of hidden markups on online purchases, saying Friday that the warehouse retailer's website is "extremely clear" that grocery prices are higher than they are in-store to cover packing and fulfillment costs.
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July 25, 2025
Epic Defends Apple Antitrust Injunction After Birthright Ruling
Epic Games has told the Ninth Circuit the U.S. Supreme Court's recent ruling in litigation challenging President Donald Trump's birthright citizenship executive order should not affect a nationwide injunction and civil contempt order issued in its antitrust case over Apple's App Store policies, arguing Apple misread the high court's precedent.
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July 25, 2025
9th Circ. Won't Disturb Class Cert. In 'Oil-Free' J&J Suit
The Ninth Circuit on Friday backed class certification in a suit alleging Johnson & Johnson Consumer Inc. misled consumers by advertising its Neutrogena face washes are "oil-free," rejecting its argument that the class's expert's damage calculation was faulty and underdeveloped.
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July 25, 2025
Nordstrom Tobacco Health Fee Violates ERISA, Ex-Staff Say
Three ex-workers for Nordstrom Inc. hit the retailer with a proposed class action in Washington federal court, alleging a $40-a-month surcharge on the health plans of tobacco-using employees was discriminatory in violation of federal benefits law.
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July 25, 2025
Judge Rejects FTC Comments In Amazon Defense
A Washington federal judge rejected Amazon's bid to use the Federal Trade Commission's own statements against it in the agency's suit over allegedly deceptive "dark patterns" preventing consumers from unsubscribing from Amazon Prime, saying the e-commerce giant misrepresented the commission's old comments.
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July 24, 2025
Trump Admin Asks Justices To Stay Block On NIH Grant Cuts
The Trump administration on Thursday urged the U.S. Supreme Court to stay a district court's preliminary injunction so that the National Institutes of Health can resume terminating $783 million in grants, saying the lower court, under a recent high court ruling, lacked jurisdiction to make the government pay the grants.
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July 24, 2025
Split 9th Circ. Affirms Block Of Calif. Ammunition Regulation
A split Ninth Circuit panel Thursday affirmed a lower court's finding that California can't require gun owners to undergo background checks before buying ammunition, ruling that the law runs afoul of the Second Amendment in light of the U.S. Supreme Court's 2022 ruling in Bruen.
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July 24, 2025
Wash. AG Sues Contractor To Keep Benefits Data From Feds
Washington State Attorney General Nick Brown launched a lawsuit in Evergreen State court on Thursday seeking to block a fintech contractor from providing the federal government with the private details of food assistance benefit recipients, saying the Trump administration intends to use the data for its "mass deportation project."
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July 24, 2025
Feds Say 9th Circ. Order Supports Nixing Delay Of TPS End
The U.S. Department of Justice told the Ninth Circuit it can hear an immediate appeal of a district court's decision postponing the Trump administration's termination of temporary protected status for Venezuelans, citing a recent decision from the appeals court narrowing an injunction in a separate case.
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July 24, 2025
9th Circ. Urged Not To Let $1.3B India Award Suit Drag On
Weeks after the U.S. Supreme Court overturned an outlier Ninth Circuit decision refusing to enforce a $1.3 billion arbitral award against India, an Indian satellite communications company's shareholders are now urging the circuit court to minimize or nix briefing on issues left open by the justices.
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July 24, 2025
Boeing Hit With Disability Bias Suit Over Bonus Exclusion
Boeing employees on long-term disability leave missed out on a $12,000 bonus distributed after workers ratified a union contract in September, a new proposed class action alleges, claiming that limits on who qualified for the bonus violated Washington state discrimination law.
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July 24, 2025
IRS Can Levy Religious Group's Property, Split 9th Circ. Says
The IRS can impose a lien on an Arizona residential property held by a religious organization to collect unpaid taxes owed by a bankrupt couple who had decision-making authority over the entity's finances and bank account, a divided Ninth Circuit ruled Thursday.
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July 24, 2025
Green Groups Cleared To Join EV Funding Freeze Challenge
A Washington federal judge will let the Sierra Club and other environmental organizations enter a multistate lawsuit against the federal government seeking to preserve funding for new electric-vehicle charging infrastructure, concluding the groups have a significant interest in protecting the project funds.
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July 24, 2025
Eli Lilly's Trademark Suit Not 'Abuse Of Process'
A Washington federal judge has tossed out counterclaims by a pair of clinics being sued for trademark infringement by Eli Lilly & Co., saying the acts of filing the suit and making a settlement demand are not in themselves abuse of process.
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July 23, 2025
9th Circ. Upholds Birthright Citizenship EO Injunction
The Ninth Circuit on Wednesday affirmed a lower court's preliminary injunction blocking President Donald Trump's executive order limiting birthright citizenship in a legal challenge by four states, ruling in a published opinion that Trump's order contradicts the "plain language" of the 14th Amendment's citizenship clause.
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July 23, 2025
Apple Beats Consumer Suit Over ICloud Storage At 9th Circ.
A Ninth Circuit panel affirmed Wednesday the dismissal of a proposed class action claiming Apple misled consumers about how much iCloud storage they were getting, finding that no reasonable person would expect the 200GB plan she bought would stack on top of Apple's free 5GB and that Apple's conduct wasn't deceptive.
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July 23, 2025
9th Circ. Clarifies Bored Ape NFTs Are Trademarkable Goods
The Ninth Circuit issued a significant ruling for digital asset creators Wednesday finding that Yuga Labs' Bored Ape Yacht Club nonfungible tokens are protectable "goods" under federal law, while also reversing Yuga Labs' $8 million summary judgment win and ruling that a jury must decide whether rival NFTs confuse consumers.
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July 23, 2025
9th Circ. Revives Barrett Business Services' Secrets Case
The Ninth Circuit has reinstated Barrett Business Services Inc.'s claims of trade secret theft against two former employees, their wives and a competing company they started.
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July 23, 2025
Eye-Control Wheelchair Tech Targeted In Wash. Co.'s IP Suit
A Washington-based firm that makes devices for individuals with disabilities has launched a lawsuit in federal court claiming a German company exploited its patented technology that allows users to control powered wheelchairs by looking at a screen.
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July 23, 2025
Trump Wins 9th Circ. Block On Order Providing Reorg Plans
The Ninth Circuit greenlighted the Trump administration's request to pause a lower court ruling requiring the government to turn over its layoff and reorganization plans in the case disputing whether the president can lawfully reshape federal agencies without congressional approval.
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July 23, 2025
Amazon Shoppers Protest Proposed 'Mini-Trial' On Class Cert.
Consumers are fighting Amazon's bid for an evidentiary hearing in parallel antitrust suits before a Washington federal judge decides a pending class certification motion, insisting the company has had plenty of time to vet key opinions from the plaintiffs' economics expert.
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July 23, 2025
Alaska Airlines Hit With False Ad Suit Over Reduced Flights
Alaska Airlines was hit with a putative false advertising class action in California federal court Tuesday alleging its Flight Pass program promised cheap, fixed flight rates in return for monthly subscription payments, while hiding additional taxes, fees and significant premium charges for desirable flights and punishing cancellation policies.
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July 23, 2025
Wash. Counties Can Sue State Over Public Defense Funding
A Washington state appeals court has ruled that a coalition of counties has standing to sue the state to force it to provide adequate funding for indigent defense services, saying the coalition had shown that it had been harmed by the current funding system.
Expert Analysis
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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What's At Stake As 9th Circ. Eyes Cultural Resource Damages
In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.