Washington Cases To Watch In 2026

Isaac Chaput’s commentary was included in a Law360 article highlighting major cases expected to shape Washington law in 2026. The piece discusses a wave of lawsuits under the state’s Commercial Electronic Mail Act (CEMA), following the Washington Supreme Court’s ruling that bars commercial emails with any false information in subject lines.

Isaac noted that the Old Navy case exemplifies how older statutes are being applied in ways lawmakers may not have anticipated. “I view this particular case as part of a pattern of somewhat vague or broad statutes that were created either before the internet age or early in the internet age being deployed with potentially expansive scope,” they said, adding that courts may need to address standing doctrines under Washington law to limit suits where plaintiffs haven’t experienced actual damages.