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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

Broadcasting of federal court trials hits a snag

Posted on January 11, 2010
The Ninth Circuit's plan to allow broadcasting of non-jury civil trials was curtailed today when the U.S. Supreme Court temporarily blocked an order to stream video of the California gay marriage trial both live to courthouses across the country, and...

Product marking ? a word of caution to patentees

Posted on January 05, 2010
Marking a product as patented serves a beneficial purpose: it puts the public on notice of a patentee?s rights. However, "false marking," which generally involves marking or advertising an unpatented article as patented with an intent to deceive the public,...

Oregon Court of Appeals on pleading prejudgment interest

Posted on December 30, 2009
A plaintiff is entitled to recover prejudgment interest -- i.e., interest accruing through the date judgment is entered -- if plaintiff can prove the exact amount claimed to be due by defendant, and the dates during which plaintiff was deprived...

Ninth Circuit: No jury trial and no money damages for ADA retaliation claim

Posted on December 23, 2009
In a case decided earlier this month, the Ninth Circuit held that a plaintiff claiming retailiation under the Americans with Disabilities Act is limited to equitable remedies. In Alvarado v. Cajun Operating Co., plaintiff filed several claims against his former...

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COBRA Subsidy Extended

Posted on December 21, 2009
Today the President signed an extension to the COBRA subsidy (see pages 64-65 regarding section 1010) previously approved by Congress in a rare Saturday session. The new law extends the eligibility period for the COBRA premium subsidy for an additional...

Cameras will be allowed in federal district courts in the Ninth Circuit

Posted on December 18, 2009
Ninth Circuit Chief Judge Alex Kozinski yesterday announced that, for the first time, video recordings will be allowed in the district courts within the circuit. Criminal cases and jury trials will be excluded from the experimental program. Chief judges of...

Cost of repair fails as measure of fraud damages, Oregon Court of Appeals holds

Posted on December 10, 2009
The wrong measure of damages sunk a claim for fraud in a case decided yesterday by the Oregon Court of Appeals. In Morasch v. Hood, the plaintiffs alleged fraud in connection with defendants' sale of real property to plaintiffs. Plaintiffs...

Supreme Court limits review of attorney-client privilege orders

Posted on December 08, 2009
The U.S. Supreme Court today held that a court's order compelling production of confidential information based on a waiver of the attorney-client privilege is not immediately appealable. As a result, a party seeking to protect privileged material in federal court...

Washington State?s new reseller permit system begins January 1, 2010

Posted on November 20, 2009
Currently Washington businesses that purchase items for resale may self-issue resale certificates to avoid paying sales tax. Beginning January 1, 2010 reseller permits issued by the Washington State Department of Revenue ("DOR") will be required in order to purchase items...

First tribally-owned Wall St. investment firm

Posted on November 17, 2009
After years of economic development focused on resource extraction and gaming, the Lower Brule Sioux Tribe, a federally-recognized tribe located in South Dakota, recently purchased the Westrock Group, making the company the first fully Tribally-owned investment firm...

Ater Wynne employment law seminar: The top ten of 2009

Posted on November 13, 2009
Join Ater Wynne's Labor and Employment Group for a seminar on the year's top 10 developments in employment law The seminar will be held at Bridgeport Brewing Company on Thursday, December 10, 2009, 8 to 11 am. More details are...

U.S. Supreme Court to choose test for a corporation's "principal place of business"

Posted on November 12, 2009
Among the grounds for subject matter jurisdiction in federal court is diversity jurisdiction, which is available when the plaintiff and defendant are citizens of different states. A corporation's citizenship is defined as its "principal place of business," and if a...

EEOC issues new anti-discrimination poster

Posted on November 06, 2009
The EEOC has long required most employers to provide information to employees about federal employment discrimination laws that prohibit job discrimination based on characteristics including race, sex, and religion. To help with compliance, the EEOC for some time has provided...

Oregon Court of Appeals remands punitive damages against FedEx

Posted on November 05, 2009
Last week the Oregon Court of Appeals affirmed a jury's verdict that FedEx defrauded one of its independent contractors, but remanded on the ground that $7 million in punitive damages was excessive. In Wieber v. FedEx Ground Package System, Inc.,...

New and increased fees in Oregon state courts starting October 1

Posted on September 29, 2009
The Oregon legislature is boosting state court filing fees and adding new fees in response to the current budget crisis. Among the new charges effective October 1 are fees "for each additional party named" in a complaint, and for filing...

Ninth Circuit narrowly interprets Computer Fraud and Abuse Act

Posted on September 24, 2009
The federal Computer Fraud and Abuse Act ("CFAA") creates a civil remedy against those who access information on a computer without authorization, or in a manner that exceeds authorized access. The Ninth Circuit last week gave a narrow reading to...

Join us for a seminar on employee benefits, September 17 at Bridgeport Brewing

Posted on September 14, 2009
Ater Wynne's next Roundtable session, entitled "20/20 Benefits Planning for 2010," will be held on September 17 at Bridgeport in the Pearl. For more information, go here.

Homeowner may sue for negligent construction, Oregon Court of Appeals holds

Posted on September 13, 2009
A homeowner who discovers construction defects may be unable to pursue the builder on a contract theory if too much time has passed and the statute of limitations has run. And, even if the statute of limitations on a tort...

Proposed changes to federal time computation rules

Posted on August 22, 2009
The U. S. Supreme Court has approved proposed amendments on the computation of time under the Federal Rules of Appellate, Bankruptcy, Civil, and Criminal Procedure. The amendments will take effect on December 1, 2009, unless Congress unexpectedly enacts legislation to...

Retaliatory firing does not support a wrongful termination claim, Oregon Court of Appeals holds

Posted on August 21, 2009
Earlier this week, the Oregon Court of Appeals affirmed that a plaintiff alleging retaliatory termination may not maintain a common law claim if an adequate remedy is available under either a federal or state statute. In Deatherage v. Johnson, the...

Oregon Supreme Court affirms limitation on wrongful termination claim

Posted on August 21, 2009
Yesterday the Oregon Supreme Court held that a terminated employee has no wrongful termination claim after being fired for making internal complaints about unlawful and unethical sales practices. In Lamson v. Crater Lake Motors, Inc., the Court affirmed the Court...

"Emergency" bills get an early start

Posted on August 12, 2009
Hundreds of bills passed the Oregon legislature this session with an "emergency" designation, meaning that they became, or will become, effective earlier than January 1, 2010. The Oregon State Bar Professional Liability Fund posted this list summarizing a number of...

IRS allows "safe harbor" plan cutbacks

Posted on August 06, 2009
Recently, the IRS proposed amendments to the 401(k) "safe harbor" plan regulations. A "safe harbor" plan is one that complies with certain mandatory employer contribution, vesting and notice requirements. Safe harbor plans are not subject to many of the discrimination...

Managers found independently liable for unpaid wages under the FLSA

Posted on August 06, 2009
So you thought only a corporation could be liable for corporate debts? Not when the debt is unpaid wages. In Boucher v. Shaw, the Ninth Circuit last week confirmed that individuals may be liable for unpaid wages as "employers" under...

Congress to consider dialing back federal pleading standards

Posted on July 24, 2009
In the past two years, the U.S. Supreme Court has made it harder for plaintiffs to state a claim in federal court. While FRCP 8 requires that a complaint must contain only a "short and plain statement of the claim...

Federal minimum wage increases to $7.25

Posted on July 23, 2009
Effective July 24, 2009, the federal minimum wage increases to $7.25 per hour. This is the last of three wage increases imposed under the Fair Minimum Wage Act of 2007. The federal minimum wage has not caught up to Oregon,...

Ninth Circuit approves preemptive motion to deny class certification

Posted on July 22, 2009
In a case of first impression, the Ninth Circuit ruled earlier this month in Vinole v. Countrywide Home Loans, Inc., CV-07-00127-DMS, that a defendant may file a preemptive motion to deny class certification before plaintiffs file a motion to certify...

The Northwest Business Litigation

Posted on July 13, 2009
The Northwest Business Litigation blog is a resource for in-house counsel, business executives, human resource managers and others who monitor litigation and legal issues affecting Northwest businesses. The litigation group of Ater Wynne LLP hosts the blog...

Ninth Circuit limits recall remedy in trademark case

Posted on July 10, 2009
In a trademark infringement case, a product recall may be available as a remedy when defendant has sold products improperly displaying plaintiff's trademark. Last week the Ninth Circuit Court of Appeals held that a court may order a product recall...

Business method patents ride Bilski to the Supreme Court

Posted on July 02, 2009
In 1998, the Court of Appeals for the Federal Circuit (CAFC), affirmed the patentability of business methods in State Street Bank v. Signature Financial Group, prompting a flood of business method applications into the U.S. Patent and Trademark Office...

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