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October 09, 2025
9th Circ. Changes Stance On Appeals Of Anti-SLAPP Denials
The full Ninth Circuit on Thursday held that denials of California anti-SLAPP motions can no longer be appealed in the midst of litigation, diverging from 22-year-old circuit precedent and finding that such orders aren't immediately appealable because they don't resolve issues "completely separate from the merits."
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October 09, 2025
Judge Narrows Evidence Ahead Of Boeing 737 Max Trial
A Washington federal judge on Thursday ruled on which evidence will be allowed in a Nov. 3 trial in LOT Polish Airlines' lawsuit against Boeing, in which LOT accuses the aerospace giant of tricking it into leasing defective 737 Max jets that were later grounded after two fatal crashes.
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October 09, 2025
Biotronik Wants Full 9th Circ. Review Of Whistleblower Ruling
Biotronik Inc. urged the full Ninth Circuit to review a panel ruling that revived a whistleblower suit alleging the company used unlawful compensation tactics to boost heart-device sales, saying it should have been tossed based on prior disclosures in news articles.
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October 09, 2025
9th Circ. Probes Buyers On HIV Drug Antitrust Claims
Insurers and health plans told a Ninth Circuit panel on Thursday that a lower court was wrong to toss their claims that Gilead orchestrated a product-hop scheme for its HIV drugs ahead of trial and for not seeing a price drop as evidence of an alleged agreement with Teva to delay generics.
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October 09, 2025
Teamsters Want Court To Reconsider Maverick Gaming Sale
A Teamsters local asked a Texas bankruptcy judge to rethink his order permitting RunItOneTime LLC to sell assets to a company managed by one of its founders, saying the bankruptcy court lacked jurisdiction to decide that the two weren't essentially the same business.
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October 09, 2025
Feds Urge 9th Circ. To Allow Portland Troop Deployment
A Ninth Circuit panel appeared split Thursday on the Trump administration's bid to preserve its ability to send Oregon National Guard members to Portland, with one judge suggesting the president's decision is entitled to deference and another panelist skeptical that the federal government would suffer harm if the deployment plan is tabled.
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October 09, 2025
Wash. High Court Rules Tribe Is Immune From Property Claim
Washington's Supreme Court on Oct. 9 sided with the Stillaguamish Tribe of Indians in a dispute over land rights, ruling that the federally recognized tribe is immune from a lawsuit filed by a farm seeking to wrest ownership of a piece of property along the Stillaguamish River.
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October 09, 2025
Tort Report: Nuked 'Nuclear Verdict' Stays, Texas Justices Say
The fate of a "nuclear verdict" that was used to jump-start tort reform campaigns across the country and a settlement of a suit over a Kiss guitar technician's death lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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October 09, 2025
Wilson Elser Keeps Up Pacific NW Growth With 17 Litigators
Wilson Elser Moskowitz Edelman & Dicker LLP announced a substantial expansion of its Seattle office Thursday, noting the addition of 17 attorneys, including eight partners, who joined from regional litigation firms Bullivant Houser Bailey PC and Lee Smart PS Inc.
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October 09, 2025
Anti-Union Firm Joins Fight Against Calif. Cannabis Labor Law
An anti-union group has thrown its weight behind a cannabis retailer's challenge to a California law that requires marijuana businesses to sign labor peace agreements with unions, arguing before the Ninth Circuit that the law is preempted by the National Labor Relations Act.
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October 08, 2025
Amazon Can't Nix Counterclaims In Calif. Solar Projects Battle
Amazon can't dodge counterclaims in a dispute over the fallout from power purchase pacts tied to two California solar developments, a Washington state judge has said, finding the projects' backers have adequately alleged the tech giant spoiled the deals by abusing its dominance in the renewable energy market.
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October 08, 2025
Utility Escapes $5M Disability Bias Award For Fired Worker
A Washington federal judge scuttled a $5 million jury award for a water utility worker in his disability bias case alleging he was fired for seeking an accommodation for an on-the-job injury, ruling that trial evidence didn't show the ordeal was emotionally taxing enough to justify the multimillion-dollar amount.
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October 08, 2025
Ex-Hospital CEO Drops Fraud Suit Against Former Employer
The former CEO of a Nevada-based psychiatric hospital operator has dropped her Colorado federal lawsuit alleging the company's president transferred contracts to his own business to avoid paying her severance and a consultation bonus after the company laid off all its employees.
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October 08, 2025
Judge OKs Amazon's Evidence Clawback In Antitrust Suits
Amazon can claw back certain documents it handed over during discovery in a series of antitrust lawsuits alleging the company's merchant policies artificially raised market prices, a Seattle federal judge has ruled, rejecting objections raised by consumers suing the e-commerce giant.
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October 08, 2025
Wash. Condo Owner Seeks $8.1M In Water Damage Coverage
A condominium association said its insurer must provide coverage for more than $8.1 million in hidden water damage, telling a Washington federal court the insurer failed to acknowledge that weather conditions such as rain and wind-driven rain contributed to the damage and are covered under its policies.
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October 08, 2025
Teen Owes $50K In Video Game Hacking Case
A Canadian teenager who was accused of hacking the online video game Rec Room, harassing other users and thwarting bans has agreed to stay off the game and pay $50,000 to end a civil suit in Washington federal court brought by the game's developers.
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October 08, 2025
$20M Deal Over Wash. Hospital Wage Claims Gets Final OK
A Washington state judge has given the final sign-off on a $20 million deal resolving a class action alleging that the state of Washington, doing business as the University of Washington Medical Center, shortchanged healthcare workers by rounding their hours worked and denying them second meal breaks on longer shifts.
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October 08, 2025
Biz Groups Back Ariz. Land Swap Amid 9th Circ. Appeal
The U.S. Chamber of Commerce and a slew of mining associations are backing the federal government's efforts to nix a Ninth Circuit appeal that looks to block the transfer of more than 2,500 acres within Arizona's Tonto National Forest to a copper mining company.
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October 07, 2025
Wash. Spam Email Law Is Unconstitutional, Retailers Say
Beauty retail giant Ulta and home improvement retailer Home Depot argued last week in separate cases that Washington state's Commercial Electronic Mail Act is unconstitutional and preempted by federal law as they seek to shed proposed consumer class actions claiming their promotional emails were misleading.
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October 07, 2025
9th Circ. Revives Ex-Service Members' Antimalarial Drug Suit
A Ninth Circuit panel on Tuesday breathed new life into a lawsuit by four former U.S. military service members who claim drugmakers Hoffman-La Roche Inc. and Genentech Inc. failed to warn them about permanent psychiatric side effects allegedly caused by the antimalarial drug mefloquine.
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October 07, 2025
Seattle Marine Site Operator To Pay $1.2M To End CWA Suit
SSA Marine will pour $950,000 into a local watershed upgrade and cover roughly $320,000 in legal fees for an environmental group to end allegations that a Seattle cargo facility dumped pollutant-laden wastewater into the Duwamish River, according to a consent decree filed in Washington federal court.
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October 07, 2025
Chamber Asks 9th Circ. For Clarity In Trade Secrets Cases
The U.S. Chamber of Commerce backed Boeing's bid for the Ninth Circuit to reconsider a panel's decision to reinstate a $72 million jury verdict against the company, saying the panel's "swift treatment" of such a complex issue threatens creating confusion.
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October 07, 2025
4 Oral Argument Sessions Benefits Attys Should Watch In Oct.
The Second Circuit will hear from Teamsters looking to revive a proposed class action alleging mismanagement of a multiemployer pension plan, while Alcoa will ask the Seventh Circuit to overturn a ruling requiring the aluminum maker to cover union retirees' healthcare for life. Here, Law360 looks at four arguments that benefits attorneys should have on their radar this month.
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October 07, 2025
DC, 18 States Back Campaign Spending Caps At High Court
The District of Columbia and 18 states urged the U.S. Supreme Court on Monday not to lift caps on the amount political parties may spend in coordination with candidates for federal office, saying state-level campaign finance regulations could be destabilized.
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October 07, 2025
9th Circ. Rejects 'Kitchen Sink' Challenge To Vaccine Mandate
A Ninth Circuit panel on Monday upheld a lower court's rejection of a lawsuit brought by dozens of former employees of a nonprofit healthcare system who claimed Washington state's requirement that healthcare workers be vaccinated against COVID-19 violated their statutory and constitutional rights.
Expert Analysis
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Unpacking The Illicit E-Cigarette Crackdown By State AGs
A bipartisan coalition of attorneys general for nine states and the District of Columbia announced a coordinated effort to curb illicit electronic cigarette sales, illustrating the rising prominence of state attorneys general using consumer protection laws to address issues of national scope, especially when federal efforts prove ineffective, say attorneys at Troutman.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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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.