Case Law Updates – Page 3 – NWSidebar

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Court of Appeals Issues Rare Decision on Revoking Consent to Conflict Waiver

Earlier this year, Division I of the Washington Court of Appeals issued a decision touching on an area of the Rules of Professional Conduct (RPC) that is rarely litigated: revoking consent to conflict waivers. The decision was “unpublished” under General Rule 14.1, but is instructive nonetheless—both for its illumination of this comparatively “unplumbed” area of conflicts law and as an illustration of the result.

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President Biden Reviews National Monument Boundary Changes from the Trump Administration

Among the many executive orders signed by President Joseph R. Biden, Jr. on the day of his inauguration was an order to review certain actions by his predecessor regarding the adjustment of national monument boundaries. In his first post for NWSidebar, attorney and PLU professor Ralph Flick examines whether a president can modify a national monument land reservation.

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A View from the Respondents Regarding Subject Matter Jurisdiction

We were counsel for Olympic View Water and Sewer District in Ronald Wastewater District v. Olympic View Water & Sewer District. Benjamin Gould’s article in NWSidebar suggesting the Supreme Court’s reasoning in that case departed from past decisions of the court on subject-matter jurisdiction, fails to acknowledge supportive Supreme Court precedent.

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8 Cases to Watch at the U.S. Supreme Court in 2020-2021

The U.S. Supreme Court began its 2020-2021 term in October. There are a number of high-profile cases on the docket, including disputes over voting rights, LGBTQ rights, and the Affordable Care Act. The Court hears oral arguments from October through April. The justices continue to add new cases to the docket, so it’s highly probable more hot-topic cases will be granted as the term goes on. Opinions are usually handed down by the last day of the Court’s term. With the exception of this deadline, there are no rules concerning when decisions must be released. With all that in mind, here are eight cases to watch at the Supreme Court:

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Supreme Court Applies Corporate Attorney-Client Privilege to ‘Functional Employees’

The Washington Supreme Court recently applied the corporate attorney-client privilege to “functional employees” in Hermanson v. Multicare Health Systems, Inc. In the privilege context, “functional employees” are not directly employed by a corporation but are sufficiently integrated into a company’s operations that some federal courts—including the 9th Circuit and Washington’s federal district courts—had concluded that they fall within the corporation’s attorney-client privilege.

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Subject-Matter Jurisdiction in the Washington Supreme Court: Unsettling the Settled

Subject-matter jurisdiction—the power to decide the merits of a case—was one of the subjects of Ronald Wastewater District v. Olympic View Water & Sewer District, a Washington Supreme Court decision issued on Oct. 15.

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Tracy Chapman v. Nicki Minaj: Commercial Purposes Can be Fair Use, but Minaj May be ‘Sorry’

Tracy Chapman recently sued Nicki Minaj for copyright infringement, after Minaj sampled part of a Chapman song. Minaj won a partial summary judgement motion on fair use grounds. A win for Nicki Minaj? Not so fast…

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Washington Supreme Court Delivers Resounding Defense of Indian Child Welfare Act and the Rights of Tribal Nations

Last month, the Washington Supreme Court affirmed core provisions in the Indian Child Welfare Act (ICWA), ensuring that the law’s protections are applied early enough to prevent the unnecessary removal of Native children from their families.

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I Dissent: The Legacy of Justice Ruth Bader Ginsburg

Perhaps the most impactful of Justice Ruth Bader Ginsburg’s famous dissents came in a case about gender pay inequity in the workplace: Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007). Plaintiff Lilly Ledbetter began working as a supervisor at the Goodyear Tire plant in Gadsen, Alabama, in 1979. She worked there for 19 years and for most of that time was the only woman manager.

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MiChance Dunlap-Gittens’ Ordinance Will Help Protect Kids from Coercive Police Tactics

This new law attempts to protect vulnerable youth by requiring law enforcement to connect a youth to a public defender after the youth has been Mirandized but before the youth waives their right to remain silent or talk to an attorney. Public defender Katie Hurley explains.

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When the Feds Came to Town: An Interview with Former Oregon Federal Public Defender Steve Wax

Steve Wax, legal director for the Oregon Innocence Project and Oregon federal public defender from 1983 to 2014, has called for convening a grand jury inquiry into the the federal response to protests in Portland. We spoke with Wax to better clarify the questions behind the legal actions that took place.

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Delayed Justice: The Attorney Behind the Fight Against State v. Towessnute

The 1916 Washington Supreme Court decision in State v. Towessnute opens with the words, “The prior occupancy of American soil by the Indian tribes did not vest them with sovereignty or any title to the land that was ever recognized by the white race, the Indian being merely an occupant with possessory uses for subsistence, and a favored ward of the Federal government.”
Then it gets worse…

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Fine Print: Federal District Court Distinguishes Disciplinary and Malpractice Defense in Coverage Decision

Professional liability policies for lawyers and law firms often distinguish between disciplinary and malpractice defense. Some don’t cover disciplinary defense or, if they do, include a much lower coverage limit. A recent decision from the U.S. District Court for the Western District of Washington underscored the practical impact of the distinction between disciplinary and malpractice coverage.

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Plein Redux: Supreme Court Reverses Court of Appeals on Disqualification for Former Client Conflict

Last fall, Division I of the Washington Court of Appeals in Plein v. USAA Casualty Insurance Co. articulated a new—and quite broad—standard on disqualification for former client conflicts. On May 21, the Supreme Court reversed the Court of Appeals in a unanimous opinion that the law firm should not have been disqualified.

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Alaska Bar Opines on Representing Parties and Witnesses in the Same Case

Should you represent a witness in the same case in which you are representing a party? Mark Fucile examines Alaska Bar Association’s opinion.

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Taming the Skies: What’s on the Itinerary for Service Animals and Airlines

Jonathan Ko dives into the USDOT’s recently proposed changes to regulations for service animals on commercial flights. Spoiler: pigs actually wouldn’t fly.