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Washington
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October 29, 2025
9th Circ. Upholds Insurer's Win Over Retaining Wall Failure
The Ninth Circuit upheld a Washington federal court's no-coverage decision over a contractor's $2.66 million settlement relating to faulty retaining walls it constructed, agreeing Wednesday that a "sudden and accidental" exception in an "impaired property" exclusion did not apply to reinstate coverage for one wall that had failed.
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October 29, 2025
Wash. Judges Probe Starbucks Shareholders' Labor Claims
Washington state appellate judges on Wednesday pushed shareholders suing Starbucks Corp. leaders to identify exactly where in their lawsuit they claimed the coffee retailer intentionally turned a blind eye to alleged union-busting efforts by store managers.
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October 29, 2025
9th Circ. Urged To Revive Kratom Extract Action
A group of consumers urged the Ninth Circuit on Tuesday to reverse the dismissal of their action against companies that marketed an alkaloid derivative of the kratom leaf they allege is as addictive as opioids.
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October 29, 2025
Full 9th Circ. To Rehear Portland National Guard Challenge
The full Ninth Circuit court will reconsider last week's panel ruling that was poised to allow the Trump administration to federalize and deploy National Guard troops to Portland, Oregon, according to an order issued Tuesday by Chief U.S. Circuit Judge Mary Helen Murguia.
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October 29, 2025
'Smart Drugs' Amphetamine Suit Moves Forward Minus Execs
A Washington federal judge declined to trim claims from a former army nurse's suit alleging that Thesis "smart drugs" contained amphetamines without warning consumers, while dismissing her claims against two executives for the company.
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October 28, 2025
9th Circ. Upholds NLRB Ruling On Wage Talk Firing
The Ninth Circuit on Tuesday backed the National Labor Relations Board's order finding that a Phoenix apartment complex manager illegally terminated an employee for discussing his wages with colleagues, which qualifies as protected activity, rejecting the manager's argument the employee was fired because of the quality of his work.
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October 28, 2025
9th Circ. Won't Revive IPhone Web App Antitrust Suit
The Ninth Circuit on Tuesday refused to revive Apple customers' proposed antitrust class action alleging that Apple's mobile ecosystem barriers against advanced web-based apps result in higher iPhone prices, ruling they lack standing to seek injunctive relief and that an injunction against Apple likely wouldn't eliminate those barriers.
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October 28, 2025
Off-Label Prescribing Was Common, Novo Nordisk Tells Jury
A whistleblower suing drugmaker Novo Nordisk for allegedly defrauding Washington state's Medicaid system acknowledged from the witness stand Tuesday that she previously prescribed hemophilia drugs for off-label use in her own practice — despite concerns she raised in her lawsuit about other doctors' off-label prescription of Novo Nordisk's drug NovoSeven.
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October 28, 2025
5 Federal Circuit Clashes To Watch In November
The Federal Circuit's argument calendar for November includes a challenge to an Idaho state law aimed at hindering "patent trolls," and a bid to revive a $40 million jury verdict against Shopify that a judge discarded, citing "unclear" testimony from the patent owner's expert.
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October 28, 2025
New Frank's Landing Council Asks To Halt State Court Actions
Newly appointed council members of a self-governing dependent Native American community, who sued a Washington court clerk to stop her from asserting jurisdiction in an underlying lawsuit about supervision of a school in Indian Country, asked a federal judge to order her to cease performing ministerial duties for now.
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October 28, 2025
Wash. Justices Pick Apart Aeropostale Shopper Discount Suit
The Washington Supreme Court cast doubt Tuesday on an Aeropostale customer's claims over an alleged fake discounting scheme, with one justice noting consumers cannot sue post-purchase just because they didn't get "as good of a deal" as they thought they were getting.
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October 28, 2025
Wash. Justices Open To Meta's Political Ad Law Challenge
The Washington Supreme Court appeared receptive Tuesday to Facebook parent company Meta's appeal of a $35 million judgment in a case over political advertising disclosure violations, with at least two justices emphasizing the purported burden the state's requirements impose on digital platforms.
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October 28, 2025
Fed. Circ. Won't Send Background Check Patent Fight To Okla.
The Federal Circuit on Tuesday shot down a background check software company's request to override a California federal court's refusal to ship a suit challenging the validity of its patents to Oklahoma.
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October 28, 2025
26 AGs Sue USDA Over Suspension Of Nutrition Benefits
The U.S. Department of Agriculture's decision to suspend Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown is an abuse of discretion that threatens to take food away from millions of people, according to a lawsuit filed Tuesday by 25 states and the District of Columbia.
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October 28, 2025
HHS Can't Yet Yank Sex Ed Grants Over 'Gender Ideology' Info
An Oregon federal judge has halted the U.S. Department of Health and Human Services' plans to revoke federal funding for teen sexual health education programs that included "gender ideology," agreeing with states that this is likely a case of executive overreach.
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October 28, 2025
Wash. Hospital System Can't Undo $230M Wage Suit Loss
A hospital system can't undo a $230 million judgment against it because it didn't sufficiently counter evidence that its default rounding system was unlawful and assumed caregivers wouldn't take a second meal break, a Washington state appeals panel ruled.
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October 28, 2025
Siletz Tribe Urges High Court To Reject Chinook Recognition
The Confederated Tribes of Siletz Indians is urging the U.S. Supreme Court to deny a fellow Oregon tribe's petition, saying that if the justices reverse a Ninth Circuit decision on federal recognition, it would have severe adverse consequences for its legal status and rights.
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October 27, 2025
9th Circ. Won't Revive Avast Extension Users' Wiretap Suit
The Ninth Circuit on Monday affirmed the toss of a proposed class action accusing Gen Digital Inc. of illegally intercepting the browsing activities of internet users that downloaded its Avast data security browser extension, finding that the software company couldn't be held liable because it owned the extension and therefore was a valid party to the disputed communications.
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October 27, 2025
Whistleblower 'Horrified' By Novo Nordisk Drug Sales Tactics
The whistleblower behind a federal lawsuit accusing Novo Nordisk of paying kickbacks to doctors and patients as part of a scheme to drive sales of its hemophilia drug NovoSeven took the witness stand Monday, telling jurors she was "horrified" at how the drugmaker's marketing team targeted doctors.
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October 27, 2025
Brandt's Fruit Trees Ends TM Suit Against Washington Farm
Brandt's Fruit Trees has agreed to drop a lawsuit in Washington federal court claiming a Yakima Valley farm illegally used its Pink Lady apple trademark in connection with approximately 55,000 unlicensed trees that produce Lady in Red apples.
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October 27, 2025
9th Circ. Calls Out Legality Of Its Own Removal Stay Process
The Ninth Circuit's practice of automatically granting requests to stay removal orders on appeal allowed a Peruvian couple to gain time in the country with a "barebones" filing, according to a three-judge panel who said the practice must end.
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October 27, 2025
AGs Call Landlord Deals In RealPage MDL 'Weak'
A quartet of state attorneys general urged a Tennessee federal judge to hold off on approving $141.8 million in class settlements resolving claims that major landlords used RealPage to fix rent prices, arguing the "weak injunctive terms" and "meager monetary relief" interferes with their own cases.
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October 27, 2025
Ex-Startup CFO's Crypto Wire Fraud Trial Begins In Seattle
Federal prosecutors told a Seattle jury on Monday that the former chief financial officer of a Seattle-based startup committed wire fraud by funneling $35 million into his fintech venture that was wiped out during a subsequent cryptocurrency collapse, with defense counsel countering that "losing money with a bad investment is not a crime."
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October 27, 2025
Wash. AG Tells 9th Circ. Seattle DEI Policies Protect Workers
The Washington state attorney general joined several voices urging the Ninth Circuit to back Seattle's defeat of a white former employee's lawsuit challenging the city's diversity, equity and inclusion programs, arguing that thoughtful diversity initiatives "uplift," rather than violate, the law.
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October 27, 2025
9th Circ. OKs Gun Ban For Suspect Who Brought Gun To Court
The Ninth Circuit on Monday revived the indictment of a man who brought a loaded handgun into an Idaho state court, finding that a no-contact order banning him from possessing a firearm does not violate his Second Amendment rights.
Expert Analysis
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State Extended Producer Responsibility Laws: Tips For Cos.
As states increasingly shift the onus of end-of-life product management from consumers and local governments to the businesses that produce, distribute or sell certain items, companies must track the changing landscape and evaluate the applicability of these new laws and regulations to their operations, say attorneys at Alston & Bird.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Bias Suit Shows WNBA Growing Pains On Court And In Court
A newly filed disability discrimination and retaliation lawsuit against the Los Angeles Sparks is the latest in a series of employment discrimination disputes filed by WNBA professionals, highlighting teams' obligation to meet elevated workplace expectations and the league's role in facilitating an inclusive work environment, say attorneys at Michelman & Robinson.
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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.