United States: Arbitration & Dispute Resolution

Washington State's Trust and Estate Dispute Resolution Act (TEDRA) grants courts broad discretion to shift attorneys' fees in trust and estate litigation, potentially exposing fiduciaries to personal liability when their conduct breaches fiduciary duties or unnecessarily prolongs disputes. Understanding the circumstances under which courts may order personal fee awards is essential for trustees, personal representatives, and beneficiaries navigating these complex disputes.

Nossaman LLP is a law firm offering comprehensive legal services across multiple practice areas. The firm provides expertise in areas including infrastructure, real estate, environmental law, and litigation, serving clients through offices in California and other locations.

Washington State imposes strict procedural requirements for contesting a will, including a four-month filing deadline after probate admission and a 90-day personal service requirement. Courts have rigorously enforced these timing rules for over a century, making compliance essential before evaluating the merits of any will challenge.

In a recent sua sponte rehearing decision from the United States Patent and Trademark Office’s Appeals Review Panel (ARP), it reversed an earlier Patent Trial and Appeal Board decision and held that obviousness-type double patenting (OTDP) may remain a concern even when a challenged patent would expire before the patent used as the OTDP reference.

The Ninth Circuit's decision in City of Tacoma v. Western Metal Industry Pension Fund addresses a critical question for employers facing withdrawal liability assessments: Can multiemployer pension funds use lower PBGC annuity rates instead of higher funding rates when calculating what departing employers owe? This case reveals the substantial financial stakes involved and the challenging legal landscape employers must navigate when contesting these assessments, even when courts have previously ruled against

Family law disputes like divorce and custody battles are emotionally charged proceedings where stress-driven decisions can have lasting consequences. Many clients unknowingly make critical mistakes that escalate conflict, increase legal costs, and damage their long-term interests. Understanding these common pitfalls and how to avoid them can significantly improve outcomes and preserve the possibility of civil post-dispute relationships.

The Third Circuit recently held that when determining whether a successor liability claim belongs to a bankruptcy estate, the key question is whether the claim seeks to remedy harm suffered by all creditors collectively or a unique injury suffered by a specific creditor. The fact that creditors may be permitted to bring the claim outside of bankruptcy is not, by itself, determinative.

In Decloedt v. Radnet Management, Inc., 2026 WL 1959641 (Cal. Ct. App. June 26, 2026, No. B343963), a patient service representative sued his former employers, supervisor, and coworker, asserting 11 state-law causes of action.

A Northern District of California court rejected a motion to compel arbitration in a TCPA case, finding that a website's "GET MORE INFO" button failed to establish unambiguous user consent to Terms and Conditions.