The Ninth Circuit on Tuesday revived a lawsuit by a group of firefighters who claim the city of Spokane, Washington, violated their constitutional rights when it fired them for refusing to get COVID-19 vaccines and instead relied on first responders from nearby agencies who also hadn't gotten the shot, ruling they'd asserted a viable First Amendment claim.
Law360
Washington
THURSDAY, JUNE 20, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

9th Circ. Nixes City's Win In Wash. Firefighter Vax Order Suit

By Rachel Riley

The Ninth Circuit on Tuesday revived a lawsuit by a group of firefighters who claim the city of Spokane, Washington, violated their constitutional rights when it fired them for refusing to get COVID-19 vaccines and instead relied on first responders from nearby agencies who also hadn't gotten the shot, ruling they'd asserted a viable First Amendment claim.

2 documents attached | Read full article » | Save to favorites »

Doubt Cast On Free Whole Foods Delivery 'Bait And Switch'

By Rachel Riley

A Washington federal judge appeared skeptical at a hearing Tuesday of claims that Amazon misled Prime members by advertising free Whole Foods grocery deliveries and then later pulling the perk in a "bait and switch," noting the retail giant has reserved the right to change Prime members' benefits.

Read full article » | Save to favorites »

Milliman Wins 401(k) Mismanagement Suit After Trial

By Kellie Mejdrich

Consulting company Milliman Inc. prevailed over a class action suit alleging the company violated federal benefits law by keeping poorly performing investments tied to a financial subsidiary in its employee 401(k) plan, according to a California federal judge's order entered after a 10-day bench trial.

Order attached | Read full article » | Save to favorites »

Seattle Can't Stop Firefighters' COVID Vaccine Suit

By Greg Lamm

Firefighters who sued over Seattle's COVID-19 vaccine mandate have offered sufficient evidence to allege they faced religious discrimination, according to a federal magistrate judge who trimmed some claims on Tuesday but refused to toss the lawsuit.

Order attached | Read full article » | Save to favorites »

Company, States Battle In Court Over At-Home Rape Kits

By Corey Rothauser

A fight is brewing in federal and state courts between a company that purports to be the nation's only purveyor of self-administered sexual assault DNA collection kits and state attorneys general who believe it is misleading sexual assault victims.

4 documents attached | Read full article » | Save to favorites »

LITIGATION

IPhone Buyers Want Canadian Data In Amazon Antitrust Case

By Nadia Dreid

Apple Inc. and Amazon.com Inc. must be forced to turn over Canadian sales data as part of a lawsuit accusing the pair of hatching an anticompetitive agreement to choke third-party sales, a group of iPad and iPhone buyers told a Washington federal court.

1 document attached | Read full article » | Save to favorites »

Blue States And Enviro Groups Back DOE Furnace Rule

By Keith Goldberg

Several blue states and environmental and consumer groups have thrown their support behind the U.S. Department of Energy's tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that challenges to the new rules are meritless.

Brief attached | Read full article » | Save to favorites »

NINTH CIRCUIT

9th Circ. Won't Revive Vax Mandate Case Amid Judge DQ Bid

By Emily Sawicki

In a nonprecedential opinion, the Ninth Circuit has refused to restore a COVID vaccine mandate suit brought by federal workers and contractors who also sought to disqualify a judge they believed was conflicted, finding the workers lacked standing because they named officials who cannot reinstate them rather than their employers.

Opinion attached | Read full article » | Save to favorites »

Ariz. County Says New Kari Lake Vote Claims Merit Sanctions

By Ali Sullivan

Maricopa County officials are slamming former gubernatorial candidate Kari Lake's bid to unravel a Ninth Circuit decision affirming the toss of her lawsuit over Arizona's voting machines, contending that the "fatally flawed" effort warrants sanctions.

Response attached | Read full article » | Save to favorites »

Brief

9th Circ. Asked For En Banc Review In Youths' Climate Case

By Juan-Carlos Rodriguez

Youth plaintiffs have asked the Ninth Circuit for en banc review of a panel's decision to toss their lawsuit against the federal government over the effects of climate change.

2 documents attached | Read full article » | Save to favorites »

EXPERT ANALYSIS

5 Steps To Navigating State Laws On Healthcare Transactions

As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.

Read full article » | Save to favorites »

Emerging Trends In ESG-Focused Securities Litigation

Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.

Read full article » | Save to favorites »

Skip Versus File: The Patent Dilemma That Costs Millions

In the nearly 30 years since the inception of the provisional application, many have weighed the question of whether or not to file the provisional, and data shows that doing so may allow inventors more time to refine their ideas and potentially gain an extra year of protection, says Stanko Vuleta at Highlands Advisory.

Read full article » | Save to favorites »

Firms Must Rethink How They Train New Lawyers In AI Age

As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

Read full article » | Save to favorites »

LEGAL INDUSTRY

19 Dem AGs Urge Law Group, Others To Ignore DEI Detractors

By Aebra Coe

A coalition of 19 Democratic state attorneys general issued a letter Thursday rebutting criticism of diversity, equity and inclusion programs within the American Bar Association, Fortune 100 corporations and law firms.

Letter attached | Read full article » | Save to favorites »

Trump Calls For Engoron's Recusal In Civil Fraud Case

By Dorothy Atkins

Former President Donald Trump and other defendants fighting a $465 million civil fraud judgment called on New York Supreme Court Justice Arthur Engoron to recuse himself Thursday in light of a once-suspended real estate attorney's recent judicial misconduct claims, which have since sparked a judicial investigation.

Memorandum attached | Read full article » | Save to favorites »

GOP Sens. Get Tough On 6th Circ. Nominee's History

By Courtney Bublé

Republican senators hammered Sixth Circuit nominee Karla M. Campbell, of counsel at Stranch Jennings & Garvey PLLC, during a hearing on Thursday about her political donations, past advisory roles and the process by which she was nominated.

Read full article » | Save to favorites »

Brief

House Dems Ask Chief Justice To Say How He'll Review Ethics

By Courtney Bublé

Two top Democrats on the House Oversight and Accountability Committee asked Chief Justice John Roberts on Thursday how he's working to address the "glaring episodes" of ethical improprieties on the U.S. Supreme Court. 

Letter attached | Read full article » | Save to favorites »

Attys Accused Of Judge Shopping Rebut Fraud Allegations

By Emily Sawicki

An Alabama federal judge is conducting an in-camera review of a long-awaited "Q&A document" believed to have circulated among attorneys accused of judge shopping their efforts to fight a 2022 state law preventing transgender youth from accessing gender-affirming care, with the lawyers handing over the document but denying allegations of misconduct.

2 documents attached | Read full article » | Save to favorites »

DLA Piper Accused Of Evading Order In Pregnancy Bias Case

By Rose Krebs

DLA Piper continues to evade a court directive to turn certain documents over to a former attorney with the firm who has filed a pregnancy bias suit, a lawyer representing the former employee has told a New York federal magistrate judge.

2 documents attached | Read full article » | Save to favorites »

Attys In Chiquita Case Say Victims Can't Proceed Together

By Carolina Bolado

A long-standing rift among plaintiffs' attorneys for victims of violence committed by paramilitary groups funded by Chiquita Brands International Inc. has reached a fever pitch, as attorneys have now told the court they cannot proceed together in a second bellwether trial of the multidistrict litigation set to start next month.

Motion attached | Read full article » | Save to favorites »

Conn. Firm Says Thomson Reuters Unit Bungled Web Overhaul

By Aaron Keller

A Thomson Reuters unit botched a portion of a $2,336-per-month contract to overhaul a Middlebury, Connecticut, law firm's website, blend its online presence into FindLaw and include its attorneys in "Super Lawyers" listings, the firm says in a state court lawsuit made public on Thursday.

Complaint attached | Read full article » | Save to favorites »

Promo that reads Law360 Pulse Lawyer Satisfaction Survey Promo that reads Law360 Pulse Summer Associates Survey

LAW FIRMS IN TODAY'S NEWS

Adam Leitman Bailey

Arnold & Jacobowitz

Badham & Buck

Bainbridge Mims

Blank Rome

Boies Schiller

Borde Law

Burgess Law Group

Byrnes Keller

Cohen Milstein

Conrad & Scherer

Continental PLLC

Cooley LLP

Cooper & Kirk

Copeland Franco

Corr Cronin

DLA Piper

Davis Wright Tremaine LLP

Dominick Feld

Farella Braun

Fenwick & West

Gibson Dunn

Gordon Rees

Groom Law Group

Habba Madaio

Hagens Berman

James K. Green PA

Jenner & Block

Jonathan C. Reiter Law Firm

Kirkland & Ellis

Law Offices of Ronald A. Marron

Lehotsky Keller

Lightfoot Franklin

McCarter & English

Mintz Levin

Orrick Herrington

Pacifica Law Group

Parker Daniels Kibort

Reed Smith

Robert & Robert PLLC

Sanford Heisler

Schroeter Goldmark

Searcy Denney

Seyfarth Shaw

Sheppard Mullin

Shook Hardy

Sidley Austin

Stranch Jennings

Summit Law Group

Trump & Trump

Weil Gotshal

Wigdor LLP

COMPANIES IN TODAY'S NEWS

Alliance Defending Freedom

Amazon.com Inc.

American Airlines Group Inc.

American Bar Association

American Civil Liberties Union

American Gas Association

American Public Gas Association

Apple Inc.

BARBRI

BP PLC

CLS Bank International

Chiquita Brands International Inc.

Consumer Federation of America

Earthjustice

Enviva LP

Equifax Inc.

Harvard University

Lambda Legal Defense & Educational Fund

LinkedIn Corp.

Matrixx Initiatives Inc.

Microsoft Corp.

Milliman Inc.

Mithun Inc.

NBCUniversal Media LLC

National Propane Gas Association

Natural Resources Defense Council

Omnicare Inc.

Our Children's Trust

Sierra Club

Signet Jewelers Ltd.

Spire Inc.

Super Lawyers

Thermo Fisher Scientific Inc.

Thomson Reuters Corp.

Twitter Inc.

Volkswagen AG

GOVERNMENT AGENCIES IN TODAY'S NEWS

Alabama Attorney General's Office

Centers for Disease Control and Prevention

Food and Drug Administration

Illinois Attorney General's Office

Judicial Conference of the United States

New Jersey Supreme Court

New York Attorney General's Office

New York State Commission on Judicial Conduct

U.S. Attorney's Office for the Southern District of California

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Energy

U.S. Department of Justice

U.S. Department of Veterans Affairs

U.S. District Court for the District of Delaware

U.S. District Court for the District of Maryland

U.S. District Court for the District of Oregon

U.S. District Court for the Middle District of Alabama

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Pennsylvania

U.S. District Court for the Western District of Washington

U.S. Immigration and Customs Enforcement

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

Washington Attorney General's Office

Washington Legislature