Last year, the Washington Supreme Court issued a significant decision in a class action lawsuit accusing Old Navy of sending emails that included false or misleading information about the duration of sales....more
Enacted in 1998, Washington’s Commercial Electronic Mail Act (“Washington Email Statute”) was aimed at curtailing consumers’ receipt of commercial email at a time when: (1) consumers had limited internet access; and (2)...more
The Washington Commercial Electronic Mail Act (CEMA), enacted in 1998, prohibits sending deceptive commercial emails and imposes a $500 penalty per violation regardless of an actual showing of damages. Section...more
In Brown v. Old Navy, LLC, 567 P.3d 38 (Wash. 2025), the Washington Supreme Court recently interpreted the state’s Commercial Electronic Mail Act to prohibit any false or misleading information in the subject line of a...more
On Oct. 30th, the Washington Supreme Court (6-3) issued a significant decision that will shape how product liability cases are handled when multiple states have connections to the dispute. ...more
On October 9, the Washington Supreme Court reversed a lower court’s decision and remanded a case with an extensive procedural history over a mortgage servicer’s attempts to foreclose on a deed of trust after the respondent...more
In April, the Washington Supreme Court issued a significant decision in a class action lawsuit accusing Old Navy of sending emails that included false or misleading information about the duration of sales. The Court...more
On September 4, 2025, the Washington Supreme Court issued its landmark decision in Branson v. Washington Fine Wine & Spirits, LLC, fundamentally reshaping the landscape of pay transparency litigation in Washington state. ...more
In a ruling with significant implications for any company soliciting job applicants who work in the State of Washington, the Washington Supreme Court held in Branson v. Washington Fine Wine & Spirits, LLC that job applicants...more
On September 4, 2025, in a 6-3 decision, the Washington Supreme Court held in Branson v. Washington Fine Wine & Spirits that a plaintiff need not prove he or she was a “bona fide” applicant to recover damages under...more
In a closely watched decision on September 4, 2025, the Washington State Supreme Court ruled that job applicants can sue for violations of the state’s pay transparency law without needing to prove they applied for the job in...more
The Washington Supreme Court just made it easier for plaintiffs to bring costly lawsuits against employers for violations of the state’s highly technical job posting requirements, making compliance more important than ever....more
The Washington Equal Pay and Opportunities Act (EPOA) has been a hot topic after the filing of hundreds of putative class action lawsuits alleging that employers violated the EPOA by failing to include pay ranges and benefits...more
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