Litigation Practice
Business Practice
Representative Cases
 
Representative Cases

 

Antitrust, Trade Regulation & Business Competition

 

Alakayak v. All Alaskan Seafoods (Alaska (Anchorage) Superior Court):  Represented Ocean Beauty Seafoods, Inc. in a class  action antitrust matter involving alleged price-fixing in Alaska’s Bristol Bay fishery; obtained a unanimous defense verdict in May, 2003 following a four-month jury trial during which the class sought damages in excess of $1 billion.

  • Our Strategy:   We differentiated our client from numerous similar defendants in the eyes of the jury by emphasizing price competition, growth of market share and the unique Native Alaskan ownership of the company.

  •  Result:   We obtained a unanimous defense jury verdict in less than four hours.  Our proof of competition dispelled the class action conspiracy theory for all defendants.

                                                 Other Sample Cases:

 

Kirlan Venture Capital, Inc. v. Regis, et al (King County Superior Court): Obtained summary judgment dismissing claims for misappropriation of trade secrets, unfair business practices and unfair competition arising out of the formation of a venture capital fund.  Morbeck v. Kirlan Venture Capital, Inc., 2003 Wn. App. LEXIS 1556.

 

Salute v. Round Table Franchise Corporation (U.S. District Court, W.D. Washington):  Lead counsel for plaintiff in an action for violation of state and federal trademark laws arising out of the use of the name “Salute” resulting in a favorable settlement.

 

Burlington Environmental, Inc. v. Kemp (King County Superior Court):  Obtained injunctive relief against former employees of BEI who went to work for a competitor and then violated terms of a non-disclosure agreement by misappropriating proprietary information belonging to BEI. 


Employment Law & Executive Compensation

 

Kirlan Venture Capital, Inc. v. Regis, et al (King County Superior Court):  Represented the managing partner of a venture capital firm in a case related to venture capital fund formation, partnership distributions and tax characterization issues; obtained a judgment in excess of $18 million following a three-week trial and then successfully defended an appeal filed in the Washington State Court of Appeals.   Morbeck v. Kirlan Venture Capital, Inc., 2003 Wn. App. LEXIS 1556.

  • Our Strategy:    We combined federal and state claims in one case to mutually enhance equities favorable to our client, assembled first class partnership taxation and damage experts, eliminated counterclaims through summary judgment motions, and utilized state remedies for a significant exemplary damage award and attorneys’ fees.

  • Result:   We obtained one of the largest employment contract verdicts in Washington history.

                                   Other Sample Cases:

 

AEA International USA, Inc. v Boudreaux (King County Superior Court):  Obtained summary dismissal of claims filed against AEA International USA, Inc. by its former president and CEO alleging entitlement to equity participation in company; successfully defended appeal and recovered attorneys fees and costs.  AEA Int’l USA v. Boudreaux, 2001 Wn.App. LEXIS 2461. 

Doblar v. Alliant Techsystems, Inc. (U.S. District Court, W.D. Washington):  Represented two high level executives who sought damages for breach of a severance agreement and executive stock incentive plan; obtained settlement at mediation on the eve of trial.

Moriarty v. Trammell Crow Residential Services, Inc (Mediation):  Obtained successful settlement following mediation on behalf of a Chief Operating Officer for Trammell Crow who sought damages for gender discrimination, retaliatory firing, breach of contract and wrongful withholding of wages. 

Satow v. Yakima Oral Surgery (Mediation):  Negotiated settlement of partnership interests on behalf of oral surgeon.

Bailey v. QFC (King County Superior Court):  Represented four plaintiffs in a case involving claims for age and disability discrimination, resulting in settlement. 

Hartman v. U.S. West (King County Superior Court):  Represented plaintiff in an action for wrongful termination and violation of the Americans With Disabilities Act, resulting in successful settlement following mediation.


Environmental Law & Toxic Tort 

Thompson v. Philip Services Corporation (Montana District Court):  Represented Philip Services Corporation and two of its Washington subsidiaries in a toxic exposure action brought by eight plaintiffs in Kalispell, Montana alleging exposure to PCBs; obtained a unanimous defense verdict in May, 2002 following a three-week jury trial.

  • Our Strategy: We impeached the credibility of the plaintiffs’ claims of alleged toxic exposure through evidence of inconsistent and contradictory testimony and medical records, assembled nationally recognized toxicology, neuropsychology and PCB experts to refute every element of toxic exposure evidence, and neutralized the plaintiffs’ opposing expert who gained notoriety in the Erin Brockovich litigation.

  • Result:  We obtained a unanimous favorable jury verdict just hours after the conclusion of the three-week trial.   

                                              Other Sample Cases:

 

In re:  Exxon Valdez Oil Spill Litigation (U.S. District Court, D. Alaska):  Represented commercial fishermen in claims related to the oil spill and served as member of Plaintiffs’ Executive and Case Management Committee.

 

Standard Equipment, Inc. v. The Boeing Company, et al. (U.S. District Court, W.D. Washington):  Served on Defendants’ Liaison Committee in toxic tort litigation involving over 350 defendants sued for contamination under CERCLA, RCRA, and SARA.

 

U.S. Environmental Protection Agency v. Western Processing (U.S. District Court, W.D. Washington):  Represented client Crosby & Overton, Inc. in an action against 400 defendants for $48 million cleanup of Superfund site.

 

Burlington Environmental, Inc. v. Preservative Paint, et al. (Alaska (Anchorage) Superior Court):  Lead counsel in contract litigation arising out of a hazardous cleanup of a fire damaged paint factory.


Business, Banking & Commercial Law  


Security Pacific Bank v. Ladies Legs (U.S. District Court, W.D. Washington):  Represented regional bank to recover losses in fraudulent credit card factoring scheme in numerous states.  Obtained injunctive relief and recovered hundreds of thousands of dollars for the client bank.

  • Our Strategy:   We obtained an immediate ex parte federal court temporary restraining order freezing accounts that was executable in Washington, Texas and Florida.

  • Result:   After the court granted permanent injunctive relief, the frozen accounts were seized for restitution, enabling the client to recover a large portion of their losses.

                                           Other Sample Cases: 

Wohlers (Ray’s Boathouse) v. Ocean Beauty Seafoods, Inc. (King County Superior Court):  Obtained defense verdict for a national seafood processor in $2 million breach of contract action related to development of seafood product company. 

Beatrice Dairy Products, et al. v. West Coast Grocery, et al. (Spokane County Superior Court):  Lead counsel for 35 food industry plaintiffs in action related to unlawful bulk transfer, unlawful conversion of property and fraud in the sale of a grocery store chain, resulting in favorable recovery for plaintiffs. 

First Northwest Group LLC v. Leigh Stowell & Co., Inc. (King County Superior Court):  Obtained monetary settlement for plaintiff market research company in claim arising out of breach of a Research Services Agreement.

Executive Direction, Inc. v. Bogle & Gates (King County Superior Court):  Successfully defended executive placement firm against claim of negligence in hiring of information technology specialist

Conover Insurance v. Halverson, Applegate (Yakima County Superior Court):  Successfully represented regional insurance company in professional negligence claim against outside corporate counsel; obtained favorable settlement at mediation.

Burlington Environmental, Inc. v. Foss (King County Superior Court): Represented BEI in action to enforce a royalty provision contained in a contract for the sale of a BEI subsidiary to Foss Maritime.  Obtained a favorable settlement following mediation.



Real Property

Blume v. City of Seattle (King County Superior Court):  Represented a real estate developer in a damage claim relating to the City’s refusal to issue a master use permit for a commercial office project;  obtained favorable settlement.  Blume v. City of Seattle, 134 Wn.2d 243, 947 P.2d 223 (1998).

  • Our Strategy: After the development of our client’s family-owned real estate was stymied by an unwarranted five-year delay in issuance of a Master Use Permit, we fashioned a legal remedy against the City of Seattle for mandamus and damages for allowing interference with the permitting process by self-interested groups and individuals.

  • Result:  The Washington Supreme Court reversed an order dismissing our case and reinstated trial to determine monetary damages.  The case settled for a substantial amount prior to trial. 

                                                  Other Sample Cases:

 

Burlington Environmental, Inc. v. Port of Seattle (Arbitration):  Lead counsel in successful arbitration relating to lease issues for RCRA facility on Elliott Bay, resulting in a $1.6 million lease award.


Securities

 

Regis Family LP v. Charles Schwab (NASD Arbitration):  Obtained successful settlement in NASD arbitration claim against Charles Schwab alleging violation of securities laws, breach of fiduciary duties, negligence and violation of NASD fair practice rules.

  • Our Strategy: We reconstructed a detailed paperwork trail evidencing a delay by a broker in execution of a sell order for a highly volatile internet stock and assembled securities regulatory and compliance experts to assess whether the company breached its standard of care.

  • Result:  The action was settled in favor of our client prior to an NASD Arbitration.

                                             Other Sample Cases: 

 

Howell v. BT Alex Brown (NASD Arbitration):  Represented plaintiff in NASD arbitration related to broker mismanagement of investment account, resulting in favorable settlement. 

Admiralty, Fisheries & Aviation

 

Schalka v. Rudd (Snohomish County Superior Court):  Lead counsel in successful wrongful death case for Everett dentist involving stunt biplane crash in Hattiesburg, Mississippi;  obtained  damage award at mediation.

  • Our Strategy: We reconstructed take-off flight procedures using scale models used by pilot eye-witnesses, and then utilized expert testimony by a national aerobatic champion to analyze observed airelon rolls below the 1500 foot flight box.  We obtained dismissal of defensive counterclaims through use of summary judgment motions.

  • Result:  Obtained favorable settlement for deceased dentist’s estate.

                                                Other Sample Cases:

Witham v. Detroit-Diesel Allison, Fairchild Industries, Bendix et al (U.S. District Court, W.D. Washington):  Lead counsel in five wrongful death actions arising out of a helicopter crash, resulting in substantial settlements. 

 

Nautilus Marine, Inc.v. Ocean Beauty Seafoods, Inc. (U.S. District Court, Alaska): Successfully represented Ocean Beauty Seafoods, Inc. in an action filed by the owner of a chartered fishing vessel for damages arising out of a collision involving the chartered vessel and two other vessels.