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August 02, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
In this inaugural edition of Wheeling & Appealing, Law360 recaps recent appellate opinions that made waves, quizzes readers about a new word for judicial grievances, and previews August arguments in circuit courts over controversial wage rules and a seven-figure attorney fee award after a digital age intellectual property trial.
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August 02, 2024
Investors Say Water Vending Co. Ran $100M Ponzi Scheme
A group of investors alleges that a Washington water-vending machine company bilked them out of more than $100 million in a Ponzi scheme by promising double-digit returns from a growing franchisee network serving Family Dollar stores and other locations.
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August 02, 2024
9th Circ. Revives Indian's Asylum Bid To Flee Persecution
A split Ninth Circuit panel on Friday ruled the Board of Immigration Appeals wrongly denied an Indian national's asylum petition, saying the past threats and a beating he received from political opponents in India amounted to persecution.
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August 02, 2024
Boeing's New CEO To Steer Daunting Safety Culture Rebound
Boeing's selection of an engineer and longtime aerospace industry executive as its next CEO demonstrates an eagerness to correct course amid daunting legal and regulatory troubles, as victims' families relentlessly press for Boeing to face a criminal trial over the two 737 Max 8 crashes.
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August 02, 2024
Dollar Tree To Pay $190K Over Heavy Metals In Kids Products
The Washington state attorney general has announced that Greenbrier International Inc., importer and purchaser for sister company Dollar Tree Stores Inc., has agreed to pay $190,000 and bolster its testing to resolve a probe that the attorney general said found heavy metals in children's school supplies.
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August 02, 2024
Tribes Seek Commission's Help On Canada Mining Policy
A consortium of southeast Alaska tribes is urging the Inter-American Commission on Human Rights to call on Canada and British Columbia to formally consult and obtain their "free, prior and informed consent" ahead of looming permitting decisions for the Eskay Creek gold mine.
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August 02, 2024
3 Candidates In Running To Replace Washington AG
Washington voters on Tuesday will narrow the candidates aspiring to become the state's next attorney general, choosing from among a former U.S. attorney, a state lawmaker who was a county prosecutor, as well as a mayor and attorney who is a gun rights advocate.
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August 01, 2024
Monsanto Wants Wash. Justices To Deny PCB Tort Petition
Monsanto Co. has urged Washington state's highest court to deny three schoolteachers' request for review of a recent appellate court decision overturning their $185 million win in a chemical poisoning trial, saying the plaintiffs haven't met their burden to show the case warrants the justices' attention.
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August 01, 2024
Amazon Scores Default Win Against Counterfeit Sellers
Amazon secured a default judgment Thursday in Washington federal court against sellers of counterfeit luxury goods who worked with social media influencers to promote fake Hermes, Chanel and Christian Dior products, after the sellers failed to respond to Amazon's complaint by deadline.
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August 01, 2024
Feds Say Farmworkers Should Have Sued State Over Wages
The U.S. Department of Labor has urged a Washington federal court to toss a farmworker union's challenge to policies governing the prevailing wage, saying the union's issues actually stem from how state officials interpreted federal rules governing the wage rate.
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August 01, 2024
Staffing Agency Not Covered In Pay Law Row, Insurer Says
An insurer told a Washington federal court that it has no obligation to cover a home healthcare staffing agency in an underlying proposed class action accusing the agency of violating the Washington Equal Pay and Opportunities Act, maintaining that the underlying allegations fall outside the scope of its policy.
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August 01, 2024
Boeing, Spirit Aerosystems Escape Calif. Door Blowout Suit
A California federal judge on Wednesday tossed Boeing and supplier Spirit AeroSystems from a product liability lawsuit brought by passengers aboard the Alaska Airlines flight that experienced a midair door plug blowout in January, finding that the Golden State court lacks jurisdictional authority over two of the three defendants.
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August 02, 2024
Meet The 4 Washington Supreme Court Hopefuls
A career civil litigator, Seattle-area municipal judge, Naval officer-turned-tax attorney and solo family law practitioner are all vying this month for an open seat on Washington state's high court.
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August 01, 2024
AliveCor Asks 9th Circ. To Revive Apple Watch Antitrust Case
Medical monitoring startup AliveCor Inc. told the Ninth Circuit that Apple Inc. should not be immunized from antitrust claims over the removal of access to heart rate data on the Apple Watch because the change was intended to block competition and not improve the device.
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August 01, 2024
9th Circ. Says Vegas Casino Pilots Are Exempt From OT
Five corporate pilots for a Las Vegas casino performed non-manual labor and are therefore exempt from overtime requirements under federal law, the Ninth Circuit ruled Thursday, upholding a Nevada federal court's decision.
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July 31, 2024
Split 9th Circ. Won't Use New Law To Revive Trafficking Suit
A split Ninth Circuit panel on Wednesday refused to revive a human trafficking suit former Cambodian seafood factory workers launched against a Californian importer, saying a new law that expanded liability after the distributor's summary judgment win didn't apply retroactively.
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August 01, 2024
CORRECTED: Estonians Extradited In $575M Crypto Fraud Case Win Bail
A Washington federal judge has allowed two Estonian men to be released on bail backed by $5 million bonds after they were extradited to Seattle to face criminal charges that they operated cryptocurrency and money laundering schemes worth $575 million.
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July 31, 2024
Wash. Hospital Workers Keep $230M Wage Win, Attys Get 30%
A Washington state court rejected a hospital system's attempt to undo its nearly $230 million loss in a class wage and hour case, ruling Wednesday that jurors reasonably relied on expert damages calculations, while also signing off on a roughly $70 million attorney fee award for class counsel.
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July 31, 2024
HSBC Says HUD Has Closed Fair Lending Probe
HSBC's U.S. banking arm said it is no longer facing a multicity fair lending investigation from federal housing authorities after an outside complaint that prompted the probe was withdrawn.
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July 31, 2024
Justices Urged To Review Airline Price-Fixing Deal Payout
Two class members in a long-running airline price-fixing suit are asking the U.S. Supreme Court to reverse a secondary distribution of over $5 million in settlement money, saying unclaimed funds should have been sent to state treasuries, not class counsel.
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July 31, 2024
737 Max Families Say Boeing Deal 'Morally Reprehensible'
Families of victims of the 737 Max 8 crashes asked a Texas federal court Wednesday to reject Boeing's plea agreement with the U.S. Department of Justice, saying the "rotten deal" lets the American aerospace giant skirt culpability for the deaths of 346 people.
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July 31, 2024
Wash. Court To Rethink Gas Chain's Tax Duty On Fuel Cards
A Washington state appeals court said it would reconsider its May decision that a Pacific Northwest gas station chain that issued fuel cards to customers must pay the state business and occupation tax when holders of those cards purchase gas from other participating gas station chains.
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July 31, 2024
Insurer Says No Coverage For Wash. Pay Law Class Actions
An insurer said it has no duty to defend or indemnify food service companies accused of violating the Washington Equal Pay and Opportunities Act in two putative class actions, telling a federal court Wednesday the allegations don't trigger coverage under an employment practices liability insurance policy.
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July 31, 2024
Wash. Cannabis Co. Sues Payroll Firm Over Back Taxes
A Puget Sound-area dispensary is suing Greenleaf HR LLC, a payroll provider specializing in the cannabis industry, and another firm, claiming they failed to pay the IRS on its behalf resulting in a nearly $172,500 tax bill, according to a lawsuit removed to Washington federal court.
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July 31, 2024
5 Trials To Watch In The 2nd Half Of 2024
Upcoming high-profile trials over star lawyer Tom Girardi's alleged fraud, Hunter Biden's taxes and Washington state's "patent troll" law are among the cases to watch in the latter half of the year.
Expert Analysis
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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What To Know About State-Level Health Data Privacy Laws
Companies that handle consumer health data, including those in the retail sector, should take a conservative approach when interpreting the scope of new health privacy laws in Washington, Nevada and Connecticut, which may include development of privacy notices, consent procedures, rights request response processes and processor contracts, say attorneys at Hunton.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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How Activision Ruling Favors M&A Formalities Over Practice
The Delaware Chancery Court’s recent nod to a proposed class action, alleging shareholder notice violations in Activision Blizzard’s sale to Microsoft, puts practitioners on notice that customary merger and acquisition market practices do not offer protection from potential liability, say John Stigi and Eugene Choi at Sheppard Mullin.
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Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence
Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Infringement Policy Lessons From 4th Circ. Sony Music Ruling
The Fourth Circuit's recent decision in Sony Music v. Cox Communications, which in part held that the internet service provider was liable for contributing to music copyright infringement, highlights the importance of reasonable policies to terminate repeat infringers, and provides guidance for litigating claims of secondary liability, say Benjamin Marks and Alexandra Blankman at Weil.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Legal Considerations For Circular Economy Strategies
As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.
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Opinion
9th Circ. Nazi Art Theft Ruling Is Bad For Repatriation Cases
The Ninth Circuit’s recent decision in Cassirer v. Thyssen-Bornemisza Collection Foundation, holding that a Spanish museum doesn't have to return a Nazi-stolen painting to the original Jewish owners, spells trouble for future heirloom repatriation cases, which hinge on similar archaic laws, say Andrea Perez and Josh Sherman at Carrington Coleman.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.