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June 25, 2024
FAA Not Off The Hook In Nevada Plane Crash, 9th Circ. Rules
The Federal Aviation Administration has been dragged back into a $6.5 million lawsuit accusing it of causing a fatal single-engine plane crash, killing its pilot and passenger, after the Ninth Circuit ruled that the agency's air traffic controller breached his duty of reasonable care.
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June 25, 2024
Wash. Contractor, Insurer Resolve Redress Cost Dispute
A Washington federal court tossed a dispute between a mechanical contractor and its insurer over coverage for about $355,500 in "redress expenses" the contractor claims it incurred while working on a surgical center remodeling project to prevent future claims lodged against it.
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June 25, 2024
Amazon Says It Shares 'Cookies,' But Not Prime Viewers' ID
Amazon.com Inc. on Tuesday urged a federal judge to toss a proposed class action filed by Prime movie subscribers, calling the privacy complaint a "smokescreen" attempting to get around the terms of a use agreement that allows advertisers to access cookies that don't identify specific customers.
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June 25, 2024
FTC Suit Merely 'Publicity Stunt,' Seattle Bill Pay Biz Says
A Seattle-based online bill pay platform has accused the Federal Trade Commission of filing a baseless consumer protection suit against it, telling a Washington federal court the company has already gone above and beyond its legal obligations to satisfy regulators' concerns about misleading ads and hidden fees.
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June 25, 2024
Wash. HOA Drops Water Damage Coverage Claims
A homeowners association agreed to drop its Washington federal case seeking up to $8.7 million in coverage for "hidden" water damage to its condos.
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June 25, 2024
9th Circ. Won't Revive Ex-County Worker's Race Bias Suit
The Ninth Circuit backed a Nevada county's defeat of a Black former juvenile probation officer's lawsuit claiming he was fired because he'd previously filed a discrimination suit against the county, saying Tuesday rumors and a supervisor's rude attitude weren't enough to sustain his bias allegations.
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June 25, 2024
USA Swimming's Suit Against Watchdog Can Continue
A nonprofit watchdog cannot escape possible financial ramifications related to a botched investigation into false sexual misconduct accusations, after a Colorado state judge ruled it must face an indemnification lawsuit brought by USA Swimming after the accused boy's mother sued the organization.
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June 25, 2024
Cooley Adds Ex-CPSC Chair To Product Safety Group
The former chair of the U.S. Consumer Product Safety Commission has joined Cooley LLP, a return to private practice he told Law360 came about after a health crisis, trips to war-torn Ukraine for his prior nonprofit job, and a personal "sabbatical" that led him to refocus his life.
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June 24, 2024
Bill Pay Co. Tricks Consumers With 'Dark Patterns,' Suit Says
Third-party bill payment company Doxo Inc. and two of its co-founders have been hit with a proposed class action alleging the company uses so-called dark patterns to trick consumers into using its website to pay other companies' bills online.
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June 24, 2024
Teamsters Fund Must Face Pension Conversion Suit
A West Coast-based Teamsters pension fund must keep facing claims that it shortchanged married retirees by using outdated data to convert their benefits from single-life annuity form, with a Washington federal judge deeming the suit strong enough to beat the fund's dismissal motion.
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June 24, 2024
Apple, Amazon Assail Hagens Berman's Class Rep 'Charade'
Apple and Amazon.com blasted Hagens Berman Sobol Shapiro LLP for trying to "have it both ways" in an antitrust suit over a pact between the companies restricting Amazon iPhone and iPad sales to approved vendors, arguing the firm cannot withdraw its original named plaintiff without forcing him to testify.
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June 24, 2024
Doctor Left Text Trail Describing NBA Fraud Scheme, Jury Told
Prosecutors told a Manhattan federal jury that a Seattle medical professional sent a series of text messages detailing a plan to submit fraudulent claims to an NBA healthcare plan to obtain payouts, kicking off a second trial over the alleged scheme.
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June 24, 2024
Illinois, Other States Back FTC Bid To Affirm Intuit Ad Ruling
Illinois, along with 20 other states and the District of Columbia, defended the Federal Trade Commission in tax software giant Intuit's Fifth Circuit constitutional challenge to the agency's findings that the company engaged in deceptive advertising, saying in an amicus brief that the FTC's conclusion was correct.
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June 24, 2024
LA Schools Says Pseudoscience Infected 9th Circ. Vax Ruling
The Los Angeles Unified School District said Friday that a split Ninth Circuit panel leaned on pseudoscience when ruling that a rescinded employee COVID-19 vaccination mandate implicated the right of district employees to refuse medical treatment, urging an en banc panel to correct the "fatally flawed" decision.
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June 24, 2024
Mars Beats Dove Chocolate False Ad Suit At 9th Circ.
The Ninth Circuit affirmed the dismissal Monday of a proposed class action claiming that a Mars subsidiary falsely advertised its Dove dark chocolate products as being made without using child slave labor or contributing to rainforest deforestation, finding that the candy packages' "Rainforest Alliance Certified farms" labeling isn't misleading.
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June 24, 2024
Sirius XM Made Millions Off Hidden Royalty Fee, Suit Alleges
Sirius XM Radio Inc. has been tricking customers into paying an extra 21% every month by tacking a hidden "royalty fee" onto bills, according to a new proposed class action alleging that the fee is responsible for every bit of the company's profits for the last several years.
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June 24, 2024
9th Circ. Asks Wash. Justices If Uber Had Duty To Slain Driver
The Ninth Circuit urged Washington's highest court Monday to determine whether Uber had a duty to use reasonable care to protect one of its drivers who was murdered in a carjacking, in an order that paused an appeal brought by the driver's family.
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June 24, 2024
9th Circ. Won't Revive Ex-Uber Driver's Bias Suit
An Asian man who previously drove for Uber didn't provide enough information in his proposed class action to support his claim that the ride-hailing platform's use of customer ratings when making decisions to drop drivers had a "significant disparate impact" on non-white drivers, the Ninth Circuit said Monday.
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June 24, 2024
Justices Send 3 US Trustee Fee Cases Back To Lower Courts
The U.S. Supreme Court on Monday vacated three appellate court decisions ordering refunds to debtors who had overpaid U.S. Trustee's Office fees under a previous fee structure and remanded the cases for further adjudication after resolving the issue earlier this month.
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June 21, 2024
Real Estate Recap: Distressed Deals, Housing Hurdles, Infill
Catch up on this week's key state developments from Law360 Real Estate Authority — including tips for guiding distressed office deals, the latest intel from Harvard University's Joint Center for Housing Studies, and how one U.S. city has been a magnet for federal funding of brownfield projects.
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June 21, 2024
DOL Says Union's Farm Wage Challenge Too Late
The U.S. Department of Labor has pushed back against a challenge to rules introduced in 2022 that a Washington union said are depressing farmworkers' wages, telling a federal judge Friday that the union should have objected during the rule-making period.
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June 21, 2024
Financial Advice Guru Says Timeshare Suit Must Be Arbitrated
A famous financial advice guru and his company have urged a Washington federal court to pause a proposed timeshare exit fraud class action and send it into arbitration, arguing that several of the named plaintiffs signed related agreements that include arbitration clauses.
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June 21, 2024
9th Circ. Axes 2 Symetra Structured Deal Recipient Classes
The Ninth Circuit on Thursday scrapped two classes in a lawsuit accusing an insurance conglomerate of wrongfully inducing personal injury settlement recipients to give up their rights to periodic payments in exchange for a discounted immediate lump sum payment, saying individual issues will predominate over common issues.
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June 21, 2024
Aramark Sued In Wash. For Alleged Pay Transparency Lapses
Aramark has been accused of violating Washington state's pay transparency law by failing to give full pay ranges in job postings, according to a proposed class action the food services giant removed to Washington federal court on Thursday.
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June 21, 2024
DOJ Backs Antitrust Case Against Zillow, Realtors At 9th Circ.
The U.S. Department of Justice has urged the Ninth Circuit to revive antitrust claims from a defunct brokerage platform against Zillow and the National Association of Realtors based on design changes Zillow made to comply with association rules.
Expert Analysis
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Prepping For OSHA Standard On Violence Risk In Health Care
Though the Occupational Safety and Health Administration has yet to create a new standard to address violence against health care workers, employers can prepare for coming federal regulatory changes by studying existing state rules and past OSHA citations, then taking steps to improve their safety programs, say attorneys at Ogletree.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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FTC 'Dark Patterns' Enforcement Signals Consent Theory Shift
The Federal Trade Commission's recent complaint against Amazon for using dark patterns to trick consumers signals a general trend in American jurisprudence of importing a European theory of consent, which could result in a more turgid digital experience, says Christian Auty at BCLP.
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Wash. Class Actions Are Coming After My Health My Data Act
With its expansive scope and private right of action — including possible class actions — for damages, Washington state’s recently enacted My Health My Data Act will be the basis for a great deal of litigation, and companies should be mindful that plaintiffs will need to prove actual, monetary harm, says Tom Nolan at Quinn Emanuel.
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What Courts' Deference Preference Can Mean For Sentencing
The Fifth Circuit’s recent U.S. v. Vargas decision deepens the split among federal appeals courts on the level of deference afforded to commentary in the U.S. sentencing guidelines — an issue that has major real-life ramifications for defendants, and is likely bound for the U.S. Supreme Court, say Jennifer Freel and Michael Murtha at Jackson Walker.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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What To Watch As Justices Take Up Title VII Job Transfer Case
With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.
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Opinion
3 Principles Should Guide MTC's Digital Products Tax Work
As the Multistate Tax Commission's project to harmonize sales tax on digital products moves forward, three key principles will help the commission's work group arrive at unambiguous definitions and help states avoid unintended costs, say Charles Kearns and Jeffrey Friedman at Eversheds Sutherland.
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What Justices' Pork Ruling Means For Interstate Cannabis
The U.S. Supreme Court’s recent National Pork v. Ross ruling added a new wrinkle to dormant commerce clause jurisprudence as the nation’s federal courts grapple with a novel paradox raised by interstate cannabis commerce, and pending appellate cases may shed additional light on these issues later this year, say Tommy Tobin and Andrew Kline at Perkins Coie.
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How High Court Is Assessing Tribal Law Questions
The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Trends Emerge In High Court's Criminal Law Decisions
In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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It All Comes Down To Choice Of Law In Nazi-Looted Art Case
The Ninth Circuit's recent decision in a nearly 20-year ownership battle over a Nazi-looted painting shows the court lacked adequate guidance on how California's choice-of-law rule should be applied to stolen property and that the choice of law — between California or Spain — will likely determine whose claim to the painting prevails, says Kevin Ray at Greenberg Traurig.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.