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April 29, 2025
Justices Wary Of Issuing 'Advisory' Ruling In Class Cert. Row
The U.S. Supreme Court's latest attempt to address a pressing question about class certification standards may be doomed by a procedural hiccup, with a majority of justices expressing concern Tuesday that they didn't have the authority to wade into a dispute over approval of a class that contains uninjured members.
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April 29, 2025
Feds Urge Dismissal Of Suit Over Halted Refugee Program
The Trump administration on Monday urged a Washington state federal judge to dismiss a lawsuit challenging the government's suspension of the U.S. Refugee Admissions Program, citing a recent Ninth Circuit decision that limited the scope of the judge's preliminary injunction.
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April 29, 2025
Amazon Can't Shake Return Policy Suit, Wash. Judge Rules
A Washington federal judge refused Tuesday to dismiss claims accusing Amazon of unlawfully recharging consumers under its "advanced refund" return policy, ruling that the e-commerce giant could face tort and quasi-contract liability alongside breach of contract allegations.
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April 29, 2025
Gore-Tex Maker Seeks Dismissal Of PFAS Suit
The company behind the waterproof fabric brand Gore-Tex urged a Washington federal court to dismiss a lawsuit accusing it of manufacturing with toxic forever chemicals while also "greenwashing" its image, arguing that the buyers, who did not actually test their garments, provide no proof that the clothing they bought contains these substances.
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April 29, 2025
Insurers Say 9th Circ. Extended Tribal Jurisdiction Too Far
A group of insurers again urged the U.S. Supreme Court to review a Ninth Circuit decision ordering them to litigate COVID-19 coverage claims in Suquamish Tribal Court, saying Tuesday that the lower court's conception of tribal sovereignty is so broad that even the tribe is unwilling to defend it.
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April 29, 2025
2 Dozen States Say DOGE Can't 'Dismantle' AmeriCorps
Two dozen states and the District of Columbia filed a lawsuit on Tuesday challenging layoffs and $400 million in funding cuts to the national volunteer agency AmeriCorps, alleging the Trump administration is trampling over Congress' authority by trying to dismantle the agency.
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April 29, 2025
BNSF Says Tribe's $400M Trespass Win Unjustly Taps Profits
BNSF Railway Co. has urged the Ninth Circuit to derail the nearly $400 million a trial judge ruled it owes for years of illegally running oil cars across a Washington tribe's land, saying the disgorgement judgment goes after legitimate profits far removed from where the trespassing occurred.
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April 28, 2025
Wash. Judge Tosses Investor's $42M Real Estate Con Suit
A federal judge in Seattle threw out a Las Vegas investment company's lawsuit accusing four businessmen of a $42 million fraud scheme, saying on Monday that the firm hasn't shown a "substantial part" of the allegations occurred in western Washington.
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April 28, 2025
DHS Says Visa Record Restored For Foreign Student In Wash.
The U.S. Department of Homeland Security told a Washington federal judge on Monday that a preliminary injunction was not needed to restore the student visa record of a University of Washington doctoral candidate from China, because U.S. Immigration and Customs Enforcement has already returned the student's status to active.
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April 28, 2025
DOJ Wants Live Nation Case Split Between Liability, Damages
The U.S. Department of Justice asked a New York federal court on Monday to split the case accusing Live Nation of quashing competition in the live entertainment industry by having a jury decide if the company violated antitrust law and the judge decide what remedies to impose.
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April 28, 2025
Tenant Right To Counsel Grows But Faces Major Hurdles
Five states, 17 cities and one county enacted laws between 2017 and 2024 guaranteeing tenants the right to legal counsel in eviction proceedings, but uneven implementation, chronic underfunding and persistent court barriers have sharply limited the programs' effectiveness, according to a new national study published Friday.
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April 28, 2025
Trump To Target Sanctuary Cities With New Executive Order
President Donald Trump signed an executive order on Monday evening directing the attorney general and secretary of the U.S. Department of Homeland Security to publish a list of sanctuary cities, which are often found in Democratic states, as they "obstruct" the federal immigration efforts, according to the administration.
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April 28, 2025
9th Circ. Nixes COVID-19 App Suit Appeal Against Apple
The Ninth Circuit has once again shut the door on a doctor's suit accusing Apple of illegally refusing to distribute his COVID-19 tracking app through its app store, affirming a lower court ruling from October 2024 that denied his motion to reopen.
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April 28, 2025
Compass Calls Wash. Listing Service Rules Anticompetitive
Compass told a Washington federal court that Northwest Multiple Listing Service and its broker-led board of directors have stifled competition, thwarting a product that allows home sellers to test home sales privately before registering them with the multiple listing service.
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April 28, 2025
Estate Sues Insurer Over 'Paltry' Offer In DUI Death Case
The estate of a motorcyclist killed by a driver allegedly overserved at a Washington bar has sued to force the bar's specialty insurance company to cover a partial settlement in an underlying wrongful death suit.
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April 28, 2025
Walgreens Opposes Merging 'Non-Drowsy' Labeling Suits
Walgreens is pushing back on a bid to consolidate two Illinois federal lawsuits alleging the "non-drowsy" label on some of the retailer's cough suppressant medications is misleading, saying the two cases involve different allegations and are at different stages, and arguing that consolidation would cause a delay in the litigation.
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April 28, 2025
Comair Seeks Boeing Sanctions Over 737 Max Refund Letter
Defunct airline Comair Ltd. is asking a Washington federal judge to sanction The Boeing Co. for deleting evidence of a "side letter" assuring it that its deposits to buy seven 737 Max aircraft would be fully refundable and arguing the letter never existed.
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April 28, 2025
Justices Won't Disturb 9th Circ.'s AT&T 401(k) Suit Revival
The U.S. Supreme Court declined on Monday to hear AT&T's bid for review of a Ninth Circuit panel decision reviving a class action against the telecom giant alleging mismanagement of an employee 401(k) plan, rejecting employers' request for more clarity from the court on the pleading standard for federal benefits lawsuits alleging excessive fees.
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April 25, 2025
Baby Food Maker Keeps Win In Suit Saying It Concealed Toxins
The Ninth Circuit on Friday affirmed a summary judgment win for California-based Plum Organics, saying in an unpublished opinion that parents who accused the baby food maker of failing to disclose potential toxins in its baby food products didn't sufficiently prove that Plum's products pose an unreasonable safety hazard.
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April 25, 2025
Real Estate Recap: Q1 Hospo Deals, Data Center Speculation
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the law firms that guided the largest global hospitality mergers and acquisitions of the first quarter, and how local utilities are attempting to weed out data center speculators.
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April 25, 2025
9th Circ. Revives Fired Clorox Worker's Gender Bias Claim
A Ninth Circuit panel on Friday revived a gender discrimination claim brought by a former employee of The Clorox Co. in Washington who alleged he was wrongfully fired during a reorganization, but the panel ruled against the worker on his race and age discrimination claims.
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April 25, 2025
19 AGs Sue Trump Admin Over Anti-DEI School Funding Threat
Nearly 20 state attorneys general sued the U.S. Department of Education in Massachusetts federal court Friday accusing it of embarking on efforts to withhold funding from educational institutions that engage in vague, undefined, "illegal" diversity, equity and inclusion practices through an agency action passed earlier this month.
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April 25, 2025
Up Next At High Court: Class Cert., Religious Charter Schools
The U.S. Supreme Court will hear oral arguments in five cases this coming week, including in disputes over whether courts can certify classes of plaintiffs when some members haven't suffered an injury and whether students alleging disability discrimination in public schools must meet a higher standard of proof to bring claims under the Americans with Disabilities Act.
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April 25, 2025
US Tourism Dips Amid ICE Confinement Of Foreign Travelers
Stories of foreign travelers getting stuck in prolonged immigration detention while trying to enter the U.S. has other potential visitors spooked, leading to a predicted downturn for the hospitality industry and an economic hit for local businesses that rely on tourists.
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April 25, 2025
Judge Keeps Boeing Fraud Case In Chicago
An Illinois federal judge said Friday that equity funds accusing Boeing of defrauding investors by downplaying the 737 Max jets' safety flaws after a pair of deadly crashes in 2018 and 2019 must continue to litigate their claims in Chicago instead of having them heard in Virginia.
Expert Analysis
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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How 9th Circ. Ruling Expands Bankruptcy Trustees' Powers
The Ninth Circuit recently held in The Lovering Tubbs Trust v. Hoffman that a trustee can avoid intentionally fraudulent transfers, even if no creditor suffered harm as a result, materially strengthening bankruptcy trustees' powers, say Robert Klyman and Rod Kazempour at DLA Piper.
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'Minimum Contacts' Issues At Stake In High Court FSIA Case
In CC/Devas v. Antrix, the U.S. Supreme Court must decide whether a "minimum contacts" requirement should be implied in the Foreign Sovereign Immunities Act, with the potential to dramatically change the legislative landscape through the establishment of a new and significant barrier to U.S. suits against foreign states, say attorneys at WilmerHale.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Navigating Complex Regulatory Terrain Amid State AG Races
This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.
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Harris Unlikely To Shelve Biden Admin's Food Antitrust Stance
A look at Vice President Kamala Harris' past record, including her actions as California attorney general, shows why practitioners should prepare for continued aggressive antitrust enforcement, particularly in the food and grocery industries, if Harris wins the presidential election, says Steve Vieux at Bartko.
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3rd Circ. Hertz Ruling Highlights Flawed Bankruptcy Theory
The Third Circuit, in its recent Hertz bankruptcy decision, became the latest appeals court to hold that noteholders were entitled to interest before shareholders under the absolute priority rule, but risked going astray by invoking the flawed theory of code impairment, say Matthew McGill and David Casazza at Gibson Dunn.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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The Complex Challenges Facing Sustainable Food Packaging
More and more states are requiring recycled content to be used in product packaging, creating complex technological and regulatory considerations for manufacturers who must also comply with federal food safety requirements, say Peter Coneski and Natalie Rainer at K&L Gates.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.