Northwest Business Litigation Blog: Litigation

Home -> Law Blog Directory -> Litigation Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Litigation

Northwest Business Litigation Blog

Resource for in-house counsel, business executives, human resource managers and others who monitor litigation and legal issues affecting Northwest USA businesses.
By Ater Wynne LLP

Post Frequency: 2.4/day

Last Entry: March 24, 2011 at 15:41:58

Medical Facility: Cure thyself. Look for symptoms of employment discrimination

Posted on May 22, 2008
The June 2008 issue of Washington Healthcare News includes an article by blog contributor Kathy Feldman, who practices employment law in Ater Wynne's Seattle office. The article addresses employment discrimination, including the six protected classes of employees, and ways to...

Oregon Supreme Court gives employers a break

Posted on May 15, 2008
The Oregon Supreme Court handed Oregon employers a huge victory today, finding that employees have no private right of action for missed breaks under Oregon wage and hour laws. The Court of Appeals in Gafur v. Legacy Good Samritan Hospital...

Oregon Court of Appeals OKs contract claim despite delayed business registration

Posted on May 13, 2008
Under Oregon statutory law, at 648.135(1), a person operating under an assumed business name cannot file suit on behalf of that business unless the assumed name is registered with the state. The Oregon Court of Appeals held last week that,...

Portland jury awards $304.6 million in shoe trademark case

Posted on May 08, 2008
Earlier this week a jury ordered Payless Shoesource, Inc. to pay more than $304 million in damages to Adidas America, Inc., for trademark infringement. The federal court jury in Portland found that 267 Payless shoe styles infringe on Adidas' trademarks...

To access this complete feed in the blog feed reader login or register for free.

Oregon Supreme Court denies smoker class action for "medical monitoring"

Posted on May 02, 2008
In a unanimous opinion with one concurrence, the Oregon Supreme Court yesterday upheld the dismissal of a large class action of smokers who sought injunctive relief for "medical monitoring, smoking cessation and education." Plaintiffs are some 400,000 smokers who have...

Another antitrust verdict hits forest-products firm

Posted on April 30, 2008
A year after the U.S. Supreme Court tossed out a $79 million antitrust verdict against it, Weyerhaeuser has this week been hit with another antitrust judgment by a jury in Portland - this time in the amount of $28 million,...

Employers face litigation over tip policies

Posted on April 29, 2008
Proper handling of employee tips has emerged as a hot issue in employment litigation. Last month, a San Diego superior court judge ruled that Starbucks Corp. must pay more than $100 million to compensate thousands of baristas after allowing supervisors...

Seventh Circuit rejects liability for craigslist housing ads

Posted on April 11, 2008
Interpreting the law protecting providers of interactive computer services from liability for content provided by others, the Seventh Circuit recently held that the online service craigslist may not be liable under the Fair Housing Act for discriminatory housing ads appearing...

Washington enacts domestic violence leave for victims and family

Posted on April 09, 2008
The Washington State Legislature passed a new law, effective April 1, 2008, which allows victims of domestic violence, sexual assault, or stalking to take reasonable or intermittent leave from work, paid or unpaid, to take care of legal or law...

I Tube, You Tube, We All Tube: Avoiding liability for user-generated content

Posted on April 08, 2008
Thanks to the rapid growth in the public's desire and ability to communicate through the internet, publication of User Generated Content ("UGC") has exploded. Companies such as YouTube and MySpace are among the businesses that have capitalized on the distribution...

Article: "Tips and Strategies for Defending Indian Tribal Government IRS Audits"

Posted on April 07, 2008
Ater Wynne's Rob Roy Smith recently authored "Tips and Strategies for Defending Indian Tribal Government IRS Audits," published in the March 2008 issue of the Washington State Bar Association's Indian Law newsletter. The article discusses the recent change in the...

Communications Decency Act doesn't shield on-line service, Ninth Circuit holds

Posted on April 05, 2008
The Ninth Circuit held yesterday that Roommates.com is not immune under the Communications Decency Act ("CDA") from liability for discriminatory content on its site. The en banc panel in Fair Housing Council of San Fernando Valley v. Roommates.com held that...

Court permanently enjoins patent rule changes

Posted on April 02, 2008
Last fall, a federal district court in Virginia preliminarily enjoined the US Patent and Trademark Office from enacting a suite of new rules. The rules would have limited the number of claims and continuation applications an applicant could file, imposed...

U.S. Supreme Court finds Federal Arbitration Act states exclusive grounds for review of arbitration awards

Posted on March 25, 2008
A split U.S. Supreme Court ruled yesterday that the grounds for vacatur and modification of arbitration awards stated in the Federal Arbitration Act (FAA) at 9 U.S.C. sec. 9-11, are exclusive for parties seeking expedited review under the FAA. The...

Oregon Supreme Court affirms negligence claim against builder for property damage

Posted on March 22, 2008
The Oregon Supreme Court on Thursday held that a builder may be liable to a subsequent purchaser for repair costs resulting from negligent construction. The defendant in Harris v. Suniga unsuccessfully urged the court to bar damages under the 'economic...

Washington's LLCA time-bars general contractor from pursuing claims

Posted on March 18, 2008
Overturning a trial court ruling, the Washington Court of Appeals, Division One, yesterday ruled that the ?effective date of dissolution? of an administratively dissolved limited liability company under the Washington Limited Liability Company Act (LLCA), RCW 25...

Court dismisses antitrust complaint, then allows discovery

Posted on March 12, 2008
In 2007 the US Supreme Court raised the standards for pleading a federal antitrust claim, holding in Bell Atlantic v. Twombly that plaintiff must plead sufficient facts to suggest an illegal agreement in restraint of trade. The Ninth Circuit last...

New commentary on appeals of class action certification

Posted on March 10, 2008
An article titled Class Certification and Interlocutory Review: Rule 23(f) in the Courts, by blog contributor Lori Irish Bauman, appears in the most recent issue of the Journal of Appellate Practice and Process. The article critiques the federal circuit courts'...

Oregon Supreme Court adopts a 4-to-1 ratio for punitive damages against insurer

Posted on March 06, 2008
The Oregon Supreme Court today significantly reduced a punitive damage award against an insurance company on a claim of bad faith failure to settle. In Goddard v. Farmers Insurance Co., a jury found that an automobile insurer had in bad...

Evidence of immigration status allowed on claim for future wage loss under Washington law

Posted on February 26, 2008
In a case of first impression, Washington Court of Appeals, Division I, held yesterday that a plaintiff's immigration status may be admissible where plaintiff claims damages for future wage loss. The case, Salas v. Hi-Tech Erectors, involved an injured worker's...

Don?t forget to confer before filing a motion in Oregon state court

Posted on February 25, 2008
While it can be easy to overlook the conferral requirement in Uniform Trial Court Rule (UTCR) 5.010, a recent opinion by the Oregon Court of Appeals underscores the importance of communicating with opposing counsel before filing a motion. UTCR 5.010....

No common law wrongful death claim in Oregon, high court rules

Posted on February 22, 2008
In a much-anticipated ruling, the Oregon Supreme Court today in Hughes v. Peacehealth held that there is no common law wrongful death cause of action in Oregon. Plaintiffs in numerous wrongful death cases over the years have argued in favor...

Plan participants can sue to recover investment losses, U.S. Supreme Court holds

Posted on February 21, 2008
The U.S. Supreme Court unanimously decided yesterday that ERISA retirement plan participants can sue plan fiduciaries for losses to their individual accounts caused by alleged fiduciary breaches. In LaRue v. DeWolff, Boberg & Associates, Inc., the plaintiff alleged that the...

You've gotta pay to play, says the Washington Court of Appeals

Posted on February 21, 2008
In a sharply-worded opinion, the Washington Court of Appeals yesterday reiterated some bedrock principles governing contract formation. In Granton v. State Lottery Commission, a pro se plaintiff claimed that he was prevented from purchasing what he believed would have been...

Washington Court of Appeals refuses to enforce a promise to create an easement

Posted on February 21, 2008
Inadequate documentation of a promise to create an easement defeated a landowner's easement claim in a case decided yesterday by the Washington Court of Appeals. In Gold Creek North Limted Partnership, et al. v. Gold Creek Umbrella Association, the real...

U.S. Supreme Court: Federal Arbitration Act preempts state law

Posted on February 20, 2008
In a case widely followed because one of the parties is television personality "Judge Alex" Ferrer, the U.S. Supreme Court today bolstered the federal policy favoring arbitration. The court held in Preston v. Ferrer that, where a contract provides for...

Will business method patents be put out of business?

Posted on February 20, 2008
"Business method patents" are those that that describe and claim a new method for conducting a business-related operation. Until 1998, business methods were largely unpatentable. But in that year, the Court of Appeals for the Federal Circuit (CAFC) declared business...

Economic development compact could spur new investment in Indian Country

Posted on February 08, 2008
The Crow Tribe in Montana has become the first Indian tribe to enter into a so-called "Economic Development Compact" with a state to make it easier for banks to file secured loans within the Tribe's Reservation. This, in turn, should...

Washington business, labor and Legislature react to the Brink's drive-time ruling

Posted on February 06, 2008
Blog contributor Brenda Molner has published an article addressing the responses of business, labor, and the Washington legislature to the Washington Supreme Court's October 2007 ruling in Stevens v. Brink's Home Security, Inc. The article is in the February 2008...

Oregon Court of Appeals affirms employer's unilateral changes to retirement plan

Posted on February 05, 2008
Applying the contract law doctrine of accord and satisfaction, the Oregon Court of Appeals last week held that an employer did not breach a contract with its employees when it unilaterally increased the amount the employees must contribute to their...

Previous | Next

Related Law Bulletins

Update on AILF's Legal Action Center Visa Bulletin Litigation (Updated 7/10/07)
The following is the latest update from AILF regarding its pening ...

Litigation Relating To ICE Raids At Swift Meat Packing Plants
This information regarding litigation relating to ICE raids at Swi...

Litigation Strains Virginia Episcopal Docese
Virtue Online reported on Friday that the Episcopal Diocese of Vir...

New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...

The Mexico Trucker Blog
I've written before about the perceived problems with relaxed rest...