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Is qEEG Evidence Admissible to Show a Brain Injury? A Washington State Court Says No

In Washington, nearly every injury lawsuit now includes a traumatic brain injury claim. As brain MRIs and CT scans are almost always normal, plaintiffs’ counsel are seeking new ways to “show” the jury “proof” of the brain...more

Sessions Jeopardizes Safe Haven for Cannabis Industry

On January 4, Attorney General Jeff Sessions rescinded the Obama-era protection that has allowed the cannabis industry to flourish despite marijuana being illegal under federal law. In 2013, then-Deputy Attorney General James...more

Sessions Targets Pot, But Six Bills Could Keep the Industry Rolling

In May, Attorney General (AG) Jeff Sessions sent a letter to Congress that zeroed in on the Rohrabacher-Blumenauer Amendment, a cornerstone of federal cannabis legislation that has handcuffed the Department of Justice from...more

Has the DEA Overstepped by Codifying Marijuana Extracts, Including CBD, as Schedule 1 Substances?

At the end of 2016, the Drug Enforcement Agency (DEA) issued a new ruling, codified at 21 C.F.R. § 1308.11(d)(58), establishing all marijuana extracts, not just THC, as illegal under federal law. This has led to a controversy...more

3/11/2017  /  DEA , Enforcement , Illegal Drugs , Marijuana

Lack of Federal Cannabis Regulations Continue to Foster Health and Safety Concerns

Cannabis products available to consumers under state legalization laws continue to expand in volume and variety. As the industry grows, so too do the risks and liabilities. Though the U.S. Food & Drug Administration (FDA)...more

Financial Institutions Continue to Bank on Status Quo with New Round of Marijuana Account Closures

Last month, news outlets reported that Scotiabank and Royal Bank of Canada, the two top banks in Canada, ceased all business with companies in the marijuana industry and canceled all of their existing accounts. Despite...more

Ninth Circuit Enjoins DOJ from Prosecuting Medical Marijuana Growers, But Future Uncertain

On August 16, 2016, the Ninth Circuit made an unexpected decision — it enjoined a federal criminal prosecution against medical marijuana growers in the Ninth Circuit. In the published opinion1, the three-judge panel (Justices...more

Collectibility in Legal Malpractice Suits – A Required Element in Proving Damages: Schmidt v. Coogan

In Schmidt v. Coogan, No. 41279-9-II, 2012 WL 5331567 (October 30, 2012), the Washington Court of Appeals held that (1) collectibility is a required component in determining legal malpractice damages and (2) the failure to...more

11/13/2012  /  Attorney Malpractice , Damages
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