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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

Oregon legislature approves ban on cell phone use while driving

Posted on June 26, 2009
On June 24, the Oregon Legislature passed a bill banning the use of any "mobile communication device" while driving unless the device is in hands-free mode. The ban, which applies to cellular phones and text messaging devices, is subject to...

Oregon courts strictly enforce filing fees for motions

Posted on June 25, 2009
The Oregon State Bar's Professional Liability Fund today warned members that some circuit courts no longer accept for filing motions and responses to motions unless they are accompanied by the appropriate filing fees. According to the PLF, Multnomah and Washington...

Effective invention disclosures save clients money and more

Posted on June 20, 2009
The client rapidly dictates, draws, and gestures, the details of her invention haphazardly spilling forth in all their problem-solving glory. Across the table, her attorney scribbles furiously to capture every word. Later in the quiet of his office, the attorney...

Attorneys not subject to sanctions under the Fair Debt Collection Practices Act

Posted on June 19, 2009
The Ninth Circuit Court of Appeals last week addressed the scope of sanctions for bad faith claims under the Fair Debt Collections Practices Act ("FDCPA"). A California plaintiff brought suit against two companies for violations of the FDCPA. The plaintiff...

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EEOC votes to approve ADAAA regulations

Posted on June 18, 2009
On June 16, 2009, the EEOC approved proposed regulations intended to conform with changes made by the ADA Amendments Act (ADAAA) of 2008. The ADAAA makes it easier for an individual seeking protection under the ADA to establish that he...

Ninth Circuit puts Internet domain name registry in dispute

Posted on June 15, 2009
In an opinion issued earlier this month, Ninth Circuit Judge Mary M. Schroeder applied "antitrust statutes drafted in the late 19th century" to reinstate a lawsuit alleging wrongful acts in a very 21st century business: the registry for ".com" and...

Ninth Circuit on standing to seek plan benefits

Posted on June 08, 2009
"Standing" is the legal doctrine that requires a plaintiff to have a sufficient stake in a controversy before seeking judicial remedies. Standing is often an issue in ERISA litigation, where benefit plans may seek to dismiss a participant's claims for...

Ater Wynne launches Family-Owned Business Blog

Posted on May 29, 2009
Members of Ater Wynne LLP's Family-Owned Business Practice Group announce a new blog for stakeholders of family-owned businesses and their advisors. Read more about the Family-Owned Business Blog here.

Patent defense: properly document your inventive activities

Posted on May 21, 2009
The United States remains nearly unique in the world in following a ?first to invent? rule. An inventor can obtain priority over all ostensible prior art by proving an earlier date of invention, as well as diligent reduction to practice....

U.S. Supreme Court increases pleading burden for plaintiffs

Posted on May 20, 2009
Memo to plaintiffs in federal court: You'll have to plead facts to support your claim in order to survive a motion to dismiss. A complaint reciting the elements of a claim and amounting to a series of legal conclusions is...

Non-Indian subject to tribal jurisdiction, says Ninth Circuit

Posted on May 15, 2009
On May 14, 2009, a Ninth Circuit Court of Appeals panel in Elliott v. White Mountain Apache Tribe reaffirmed that non-Indian litigants must exhaust available Indian tribal court remedies before pursuing an action in Federal court to challenge the Tribe's...

Oregon Supreme Court adopts a new approach to statutory interpretation

Posted on May 06, 2009
The Oregon Supreme Court issued an opinion last week that refines the judiciary's approach to interpreting statutes. Oregon courts may now consider a statute's legislative history, even where its text and context are unambiguous. In State v. Gaines, the Court...

Washington State expands domestic partnership law

Posted on May 02, 2009
On April 23, 2009, SB 5688, an expanded version of the original State Registered Domestic Partnership (SRDP) Act. was delivered to Governor Christine Gregoire, who is expected to sign it into law. The new law expands on previous domestic partnership....

Snoqualmie Tribe members win banishment case in federal court

Posted on May 02, 2009
In a legal first, tribal members have been victorious in Federal court challenging a tribal banishment action. Rob Roy Smith and Steven Kennedy of Ater Wynne represented the tribal members, all of whom were one-time elected members of the Snoqualmie....

Proposed Oregon House Bill would criminalize misclassification of workers

Posted on April 22, 2009
Worker misclassification has been a hot topic in Oregon for years. In 2006, the legislature changed the statutory definition of independent contractor to clarify the criteria that must be met to qualify in Oregon. Athough the current law imposes a...

21st Annual Indian Law CLE in Seattle: May 8, 2009

Posted on April 21, 2009
The Washington Bar Association's Indian Law Section will host the 21st Annual Indian Law Section CLE on May 8, 2009 at 1111 Third Avenue, 30th Floor Conference Center, Seattle, Washington. Topics include: An update on recent cases, Indian tribal trust...

Ninth Circuit rules Fair Labor Standards Act applies to Indian business

Posted on April 20, 2009
The Ninth Circuit today concluded that the Fair Labor Standards Act (FLSA) applies to an Indian-owned smoke shop on trust land on the Puyallup Reservation, and that the Secretary of Labor has authority to enter the business to audit its...

LA Times on ideological battles in the Ninth Circuit

Posted on April 20, 2009
The Los Angeles Times yesterday published this article about the influence of conservative judges on the Ninth Circuit Court of Appeals, including what observers say is strategic use of dissents from denial of en banc rehearing. The article notes that...

DoL and IRS issue guidance on Stimulus Bill's COBRA subsidy

Posted on April 09, 2009
In February, I wrote about employers' new obligations under the Stimulus Bill's COBRA Subsidy. Since then, the Department of Labor has published a variety of additonal information for employers on their responsibilities, including several model notices to qualified beneficiaries...

Ninth Circuit voids class action waiver in a consumer contract

Posted on April 01, 2009
Last week in Chalk v. T-Mobile USA, the Ninth Circuit Court of Appeals applied Oregon law to invalidate a contractual class action waiver. The court held that, where individual damages from breach of a consumer contract are likely to be...

U.S. Supreme Court dismisses appeal of Oregon tobacco punitive damages award

Posted on March 31, 2009
Mayola Williams' products liability case has completed its third journey to the U.S. Supreme Court, as the Court today dismissed Philip Morris' appeal of a $79.5 million punitive damages award. Williams' husband died in 1997 of cancer after years of....

Oregon Court of Appeals approves 4-to-1 ratio for punitives in debt collection case

Posted on March 30, 2009
Earlier this month, the Oregon Court of Appeals approved a reduction of a jury's award of punitive damages for violation of the Oregon Unlawful Debt Collection Practices Act. In Lithia Motors, Inc. v. Yovan, the jury found for the buyer...

Budget problems disrupt operations at the Oregon Court of Appeals

Posted on March 27, 2009
Budget cuts are forcing significant changes at the Oregon Court of Appeals, according to a statement released this week by Chief Judge David Brewer. Due to staffing reductions, the Court of Appeals will curtail its April oral argument calendar and...

Funding allows state courts to open Fridays

Posted on March 13, 2009
Oregon state courts are closed today, but will be open Fridays starting next week, following an agreement by legislators and Chief Justice Paul DeMuniz to shift additional funds to court operations. Last month Justice DeMuniz had announced that budget cuts...

Next Employment Roundtable event is March 19, don't miss it!

Posted on March 12, 2009
It's not too late to register for the upcoming Ater Wynne Roundtable event on March 19 titled "The First 100 Days: What Recent Changes in Regulations and the Economy Mean for Employers." Topics will include a discussion of the new...

Federal law does not pre-empt state law tort claim, U.S. Supreme Court holds

Posted on March 04, 2009

Budget cuts force Oregon courts to close on Fridays

Posted on February 27, 2009

Rehearing of California wage law case that may impact Northwest employers

Posted on February 25, 2009
The Ninth Circuit recently issued an order withdrawing its 2008 opinion in Sullivan v. Oracle Corp., which applied California wage laws to out-of-state employees doing limited work in California. The court certified these three questions to the California Supreme Court:...

U.S. Supreme Court throws future tribal land acquisitions into doubt

Posted on February 24, 2009
Today, the U.S. Supreme Court issued a decision in Carcieri v. Salazar that might dramatically limit the ability of the United States to take land into trust for certain Indian tribes. Trust status is important as it allows tax and...

Stimulus Bill's COBRA subsidy creates new obligations for employers

Posted on February 23, 2009
The economic stimulus package signed into law by President Obama on February 17, 2009, amends the Consolidated Economic Budget Reconciliation Act (COBRA), and creates new and immediate obligations for employers. The new law provides a subsidy to employees of 65%...

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