Case Law Updates – Page 4

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.

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State Supreme Court Revisits Elected Prosecutor Conflicts

Ethics Guru Mark Fucile examines a recent Supreme Court ruling that an elected prosecutor’s entire office is disqualified to litigate in cases the prosecutor tried prior to election.

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Legislative Disclosure: Impacts and Implications of AP v. Washington Legislature

For years, agencies calling for sensible Public Records Act reform have remarked that change would not come until the state’s lawmakers were also subject to the PRA. That day finally arrived on Dec. 19, 2019, when the Washington Supreme Court issued its opinion in Associated Press et al. v. Washington State Legislature, et al.

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Idaho Supreme Court Allows Fee Disgorgement for Breach of Fiduciary Duty

In a case of first impression, the Idaho Supreme Court recently held that fee disgorgement is available as a remedy against a lawyer for breach of fiduciary duty even if there are no resulting damages.

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Appeals Court Rejects Application of Corporate Attorney-Client Privilege for ‘Functional Employees’

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, have concluded that they fall within the corporation’s attorney-client privilege.

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State Law Change Allows First Responders to Win L&I PTSD Claims

For decades Washington L&I has denied first responders’ claims of PTSD. Now, a recent change in state law is giving them hope.

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Court of Appeals: New Standard in Disqualification for Former Client Conflicts

Washington’s Court of Appeals recently issued a significant decision applying a new standard for former client conflicts in the disqualification context.

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Washington Supreme Court: In-House Counsel Can Sue for Wrongful Discharge

In a case of first impression in Washington, the Supreme Court held that former in-house counsel can sue their employers for wrongful discharge. Karstetter v. King County Corrections Guild was before the Supreme Court after the trial denied a defense motion to dismiss and the Court of Appeals later reversed the ruling. The initial pleadings framed the narrow legal issue before the Supreme Court.

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Lawyer as Witness: What the Court of Appeals Said About RPC 3.7

Mark Fucile explains the Supreme Court’s analysis of RPC 3.7. RPC 3.7(a), which generally prohibits a lawyer from acting “as advocate at a trial in which the lawyer is likely to be a necessary witness.”

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What Washington’s New Law on Noncompete Agreements Means for Physicians

Gov. Inslee signed a new law that may upend how noncompetes are used with physician employees. The new law imposes a potentially sizeable cost for overly broad restrictions.

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Top Recent Developments in Ethics Rules Every Washington Lawyer Should Know

Get the latest updates on ethics amid new challenges to the rule of law. And take advantage of the last chance to save on related on-demand CLEs.

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5 Things IP Practitioners Should Do to Avoid U.S. Patent and Trademark Office Discipline

Whether you have been practicing law for many years or are just starting in the field of IP law, here are five things you can do to reduce the risk that you’ll be on the receiving end of a complaint.

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A New Standard for Overtime in Washington? State Looks to Expand Overtime Eligibility

The Washington Department of Labor & Industries (L&I) recently filed a proposed rule that would dramatically increase the minimum salary required for employees to qualify for the white collar overtime exemptions.

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Time of Change for Time Change: Legal Complexities of Permanent Daylight Saving Time

Most of what we think we know about daylight saving time is wrong. Farmers started it? Nope; they’ve historically lobbied against it. The Germans started it in World War I? Yes, but the concept had earlier origins. Most people hate it? Polling shows a less definitive public opinion than you might think. It’s pointless? Actually, […]

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Prescription Restriction: How Washington is Addressing Opioid Addiction

There is no shortage of alarming statistics when it comes to opioids. More people died from opioid overdoses in 2017, two per day, in Washington than in traffic fatalities.