The legal landscape for family investment vehicles in Washington shifted dramatically after the Antio LLC v. Department of Revenue decision of the Washington Supreme Court. In Antio the taxpayers were a group of investment...more
Washington State employers are eagerly awaiting a state Supreme Court decision regarding whether, under the Equal Pay and Opportunities Act (EPOA), a “job applicant” must have a good-faith or bona fide intent to secure...more
Key Takeaways - - The Washington Supreme Court has relaxed the evidentiary burden for employees seeking to bypass the workers’ compensation tort immunity that typically protects Washington employers. - Employees may now...more
Monsanto has recently settled with families who claimed they were exposed to polychlorinated biphenyls (PCBs) at a school near Seattle, ending what had become one of the most closely watched toxic tort cases in recent memory....more
In May 2025, the Supreme Court of Washington overruled previous precedent regarding the deliberate intent to injure exception related to workers’ compensation immunity for employers, finding that an employee may sue its...more
In Dobson v. Archibald, the Washington Supreme Court addressed and confirmed statutory analyses concerning the required contractor registration in Washington. 1 Wash. 3d 102, 523 P.3d 1190 (2023). Contractors and potential...more
On April 17, 2025, the Washington Supreme Court sent a message to all companies that participate in email marketing: Send with caution. The Court held that the Commercial Electronic Mail Act (“CEMA”), RCW § 19.190.020(1)(b),...more
Following a recent Washington Supreme Court decision, plaintiffs’ attorneys in Washington are targeting a new type of class action claim against employers: alleged violations of Washington’s noncompetition statute based on...more
Two years ago, we posted about a proposed class action lawsuit that accused Old Navy of spamming consumers with emails that included false or misleading information about the duration of sales. For example, the complaint...more
Email marketers will want to take note of a recent Washington State Supreme Court opinion interpreting what constitutes a subject line that is “false or misleading” under Washington’s Commercial Electronic Mail Act (CEMA)....more
The Washington Supreme Court has just handed down a decision significantly expanding the scope of its anti-spam law to now cover a wide array of false advertising claims relating specifically to commercial emails. The case,...more
A recent Washington State Supreme Court decision addressed a simmering conflict between the statutory right of employees earning less than double minimum wage to work a second job, on the one hand, and employees’ duty of...more
The Washington Supreme Court recently entertained oral arguments in Branson v. Washington Fine Wines on the following certified question from the W.D. Washington regarding the Equal Pay and Opportunities Act (“EPOA”)...more
In a first-of-its-kind decision, the Washington Supreme Court took aim at the ability of employers to prevent low wage employees in the state from “moonlighting” or otherwise supplementing their income during their...more
On January 23, 2025, the Washington Supreme Court held employers who pay their employees less than twice the minimum wage cannot prohibit them from working second jobs, subject to a few, limited exceptions. Employers who...more
Recently, the Washington Supreme Court held that noncompete agreements for employees earning less than twice the minimum wage must be reasonable and narrowly construed. The court found that prohibiting employees from...more
On January 23, 2025, the Washington Supreme Court held that two Washington workers can argue that their former employer imposed unreasonable restrictions in violation of a state statute regulating non-compete agreements that...more
In a case of first impression, the Washington Supreme Court interpreted Washington law regarding noncompete agreements to broadly protect employees who earn less than twice the state minimum wage from unreasonable...more
The Washington Supreme Court recently approved significant revisions to that state’s procedural rules on remote depositions. Revised Rule 30 of the Washington Civil Rules will now allow remote depositions to be noticed...more
The Washington Supreme Court recently issued a lengthy, 5-4 decision in Friends of Sammamish Valley addressing several critical issues under Washington's State Environmental Policy Act (SEPA) and Growth Management Act (GMA)...more
Washington State’s Equal Pay and Opportunities Act (EPOA) requires employers with 15 or more employees to include salary ranges and benefit information in job postings. Violations have resulted in over 100 EPOA class action...more
On September 12, the Washington Supreme Court affirmed a Court of Appeals decision that declared the City of Sammamish––and all other municipalities enumerated under Revised Code of Washington 8.12.030––does not lose its...more
In a decision that extends the reach of what constitutes an “unfair practice” under Washington’s Consumer Protection Act (CPA), the Washington Supreme Court recently confirmed that claims of “price gouging” may be actionable...more
On August 20, 2024, Western District of Washington Judge John H. Chun asked the Washington Supreme Court to answer the question of what a party must prove to be considered a “job applicant” for the purposes of a pay...more
Washington State requires ports to control stormwater discharges across their entire footprint, though federal rules cover only certain port facilities. According to a recent decision by the Ninth Circuit Court of Appeals,...more