In response to a request from the Ninth Circuit Court of Appeals to interpret the scope of California Civil Code section 1668 and its rule that parties may not contract away liability for “willful injury to the person or...more
In Briskin v. Shopify, Inc., the Ninth Circuit Court of Appeals, sitting en banc, reversed a district court’s dismissal of a proposed data privacy class action for lack of personal jurisdiction. In applying traditional...more
On April 17, the Washington Supreme Court held that RCW 19.190.020(1)(b) prohibits sending Washington residents commercial emails that contain any false or misleading information in the subject lines of such emails. In Brown...more
4/18/2025
/ Appeals ,
Commercial Electronic Messages ,
Commercial Litigation ,
Consumer Protection Act ,
Consumer Protection Laws ,
Email ,
False Advertising ,
Marketing ,
Statutory Interpretation ,
Unfair or Deceptive Trade Practices ,
Washington
Colorado Senate Bill 33 was signed into law by Governor Jared Polis on April 10 after passing the legislature with sizable bipartisan support. The new Colorado law blocks the state from issuing additional liquor licenses to...more
On April 1, the Colorado Liquor Enforcement Division (“LED”) issued Bulletin 25-01 Direct-to-Consumer Shipments, which states that direct-to-consumer (“DTC”) shipments of malt or spiritous alcohol into Colorado are...more
In Ross v. Public Service the Colorado Court of Appeals ruled on March 20 that the Felonious Killing Exception applies to corporations. What is the “Felonious Killing Exception?”...more
3/24/2025
/ Appeals ,
Appellate Courts ,
Corporate Liability ,
Criminal Convictions ,
Damages ,
Energy Sector ,
Insurance Industry ,
Insurance Litigation ,
Liability ,
Negligence ,
Public Utility ,
Strict Liability ,
Wrongful Death
On March 3, the Ohio Court of Appeals for Stark County held that actual knowledge of intoxication is a necessary component in maintaining a claim for relief under Ohio’s Dram Shop Act....more
The Colorado Court of Appeals held that deducting product fees from an employee’s wages unlawfully shifts the burden of an employer’s business costs and reduces an employee’s wages....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
1/28/2025
/ Corporate Counsel ,
Employee Rights ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Employment Policies ,
Labor Regulations ,
Minimum Wage ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws ,
WA Supreme Court ,
Wage and Hour
In a first-of-its-kind ruling in Colorado, the Colorado Court of Appeals was faced with deciding whether to sanction a pro-se party for filing a brief containing AI-generated fictitious citations. The Court declined to...more
In Hamilton v Amazon.com, a Colorado Wage Act case, a former Amazon warehouse worker brought a suit against Amazon alleging Amazon failed to pay him the correct amount of overtime during time periods he also worked on a...more
Here’s an interesting case that at first blush appears to be an accommodations case, but on a deeper dive is a workplace misconduct case. In Spagnolia v. Charter Communications LLC, The Tenth Circuit Appeals affirmed the...more
Pay transparency laws require employers to disclose compensation information to applicants and potential employees, and impose job notice requirements and recordkeeping regulations. The goal of pay transparency laws is to...more
In City of Aspen v. Burlingame Ranch II Condo. Owners Ass’n, Inc., 2024 CO 46 (Colo. 2024), the Colorado Supreme Court case clarifies that the economic loss rule (ELR) has no part to play in determining whether the Colorado...more
Here’s an interesting case from the California Court of Appeals dealing with a unique issue that can arise in beverage distribution contracts – can a supplier “constructively terminate” a distribution agreement through its...more
In a case of first impression in Colorado, the Colorado Court of Appeals adopts a test for evaluating a claim of actual discharge under Colorado law. In this Colorado employment law case, Plaintiff ex-employee, Ms. Potts,...more