Our record of success shows that small but focused firms devoting the proper resources to a case can obtain fair recoveries against large adversaries. We have successfully represented clients in the following areas:

Insurance Coverage

  1. Hoffman v. Regence Blue Shield/Hoffman v. Regence Blue Shield (Washington - Supreme Court, King County and Federal Court). Represent plaintiff class of over one million policyholders in ERISA recovery of benefits action. Federal and state courts certified classes, and then Federal court certified substantive state law questions to Washington Supreme Court, which issued decision favorable to plaintiffs. Damages were arbitrated, and resulted in $30.4 million award to the class in 2002.
  2. In Re Littlefield, Adams & Co. Securities Litigation; Littlefield, Adams & Co. v. Younts (Texas - Federal and State Court). Represented insured corporation in successful efforts to obtain coverage under policy of liability insurance, in connection with claims of securities fraud and related alleged wrongdoing.
  3. Bowen v. Principal Mutual Life Insurance Co. (Washington - King County). Represented plaintiffs class of 16,000 in action to prevent the termination of individual health insurance policies in the State of Washington. Summary judgment entered for class on liability. Settlement on damages required insurer to waive premiums and provide low-cost secondary coverage for ill class members until July 2001. Case was the subject of WSTLA “spotlight” article.
  4. Fleming v. Monumental Ins. Co. (Washington - Federal Court). Represented claimant suing to recover death benefits under life insurance policy that never issued. Obtained judgment in favor of claimant for all benefits sought. The district court’s judgment was affirmed on appeal to the Ninth Circuit Court of Appeals.
  5. Security Union Title Insurance Co. v. Price (Washington - Federal Court). Represented title insurance companies in coverage dispute with numerous landowners, who claimed that the title companies should defend and indemnify them against assertions, by Indian tribes, of treaty rights to harvest shellfish on and traverse insureds’ property. The trial court granted summary judgment in favor of the insurance companies. The insureds appealed, but the appeal was dismissed.

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Securities

  1. Lindenbaum v. Foster & Marshall (Washington - King County). A class action in which we represented investors in six limited partnerships who sued to recover their investments, alleging negligent misrepresentation and securities law violations in connection with the offering, and mismanagement of the partnerships. The suit settled. We are not permitted to discuss the settlement amount.
  2. Sommer v. Wedbush, Noble, Cooke (Washington - Federal Court). Represented six investors who claimed that their broker violated Federal and state securities laws, RICO and the state consumer protection act. After a two-week trial, the jury awarded damages of $600,000, and fees and costs were awarded to plaintiffs. The Ninth Circuit Court of Appeals affirmed the jury’s award and reversed the trial court’s decision dismissing the RICO claim. On remand, the case settled. The amount of settlement is subject to a confidentiality agreement.
  3. Carter and Jay v. Murphey Favre, et al. (Washington - King County). Represented investors claiming that they were misled in purchasing interests in a real estate limited partnership, in violation of state securities and common law. Investors in this class action sought return of about $2 million. The case settled. We are not permitted to discuss the settlement amount.
  4. Cellular Engineering v. O’Neill (Washington - King County). Represented the defendant, who was being sued for more than $400,000 for fees for applications for cellular telephone markets. The Washington Supreme Court ruled that the plaintiff’s agreement was unenforceable because it was a sale of an unregistered security.
  5. Securities and Exchange Commission v. Tokyo Commodity, Ltd., et al. (Washington - Federal Court). Represented a foreign currency trading firm in an enforcement action brought by the SEC, which sought more than $2 million and penalties.
  6. Polik v. Seattle Chocolate, et al. (Washington - King County). Represented plaintiff investors in securities class action against company, its officers and directors. The case settled. We are not permitted to discuss the settlement amount.

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Derivative

  1. Dreiling v. Kellett and Jain (Washington - Federal Court). We represented a shareholder in obtaining a $5.5 million settlement from one set of defendants whom we alleged violated § 16(b) of the 1934 Securities & Exchange Act by engaging in short swing (insider) trading. We believe that this is the third largest recovery in § 16(b) history. We represent the same shareholder alleging that the second set of defendant/corporate insiders violated § 16(b) by engaging in short swing (insider) trading. The Federal court has ruled that these insiders are liable; we are awaiting entry of judgment. We expect the judgment to be the largest in § 16(b) history.
  2. Dreiling v. Jain, Halsted, Alben, et al. (Washington - State Court). We represent a shareholder alleging common law claims against numerous corporate officers and directors for insider trading and other injuries to the company. The case is pending.
  3. Boggs, et al. v. Transpacific Seafoods, Inc., et al. (Washington - King County). Represented company and majority stockholders in direct and derivative action brought by minority stockholders, alleging waste and wrongful freeze out. The case settled.

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Title Insurance - Representation of Insured

  1. Rose v. First Franklin Financial (Oregon - Bankruptcy Court). Represent insured lender in an effort to establish priority of lien. Competing claimant alleges that subordination agreement upon which insured lender relied is invalid, and that the insured lender is not entitled to equitable subordination or subrogation.
  2. First Interstate Bank v. McBroom (Idaho - State Court). Represented insured lender in dispute over lien priority, and the effect of a Montana statute requiring certain formalities of Montana trust deeds. Our client prevailed on summary judgment.
  3. Coughlin v. Girton (Washington - King County). Represented owner who denied that his property was burdened with a height restriction. Obtained summary judgment declaring the restriction void.
  4. Sorenson v. Saxon Mortgage, et al. (Washington - Whatcom County). Represent several lenders whose loans allegedly failed due to underlying forgery. The case involved allegations that those who are challenging the loan are guilty of collusion and made fraudulent conveyances. Our clients prevailed at trial; the Court imposed equitable liens in their favor.
  5. DKS Construction v. Baker Boyer Bank, et al. (Washington - Walla Walla County). Represented secured lender against $1.4 million claim by mechanic’s lien; lender alleges that owner and contractor breached indemnity agreements. We successfully resisted efforts to subordinate the lender’s $8.4 million deed of trust, obtaining summary judgment.
  6. Pearson v. Price and Washington Mutual (Washington - Pierce County and Division II of State Court of Appeals). We represented secured lender against $1.6 million claim by mechanic’s lien. Our client prevailed in Court of Appeals in a case of first impression under Washington’s new mechanic’s lien act. The mechanic’s lienor had failed to timely join the secured lenders.

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Escrow Malpractice

  1. Parabin v. Ocean State, et al. (Washington - King County). Represented title insurance company in connection with developer’s claims that client negligently failed to record title documents. Our client prevailed on summary judgment.
  2. Partnership Funding v. Royce (Washington - King County). Represented title company in connection with claims that its escrow arm negligently reconveyed a deed of trust at the request of someone who had no authority to cause reconveyance. Our client prevailed on summary judgment.
  3. Van Wagoner v. Chicago Title Insurance Co. (Washington - Kitsap County). Represented title company against plaintiff who claimed that the title company’s agent improperly notarized title instruments and negligently permitted closing to occur. Our client prevailed on summary judgment.

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Real Estate

  1. Olds v. Holtz (Washington - Snohomish County). Represented a commercial real estate broker in an action to obtain a brokerage commission. The defendant alleged that the brokerage agreement had expired and that the broker was not entitled to his commission because he had a conflict of interest. The trial court rendered judgment for the broker in the full amount sought. Judgment for our client, the broker, was affirmed on appeal.
  2. Lien v. Guertin (Washington - King County). Represented a landowner who sued to establish a prescriptive easement, and for damages caused by defendants’ obstruction of the roadway. We obtained a preliminary injunction, as well as final judgment, declaring existence of prescriptive easement and awarding damages.

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Intellectual Property / Internet

  1. Thermionics, Inc. v. Atlas Manufacturing (Washington - Federal Court). Represented plaintiff, seeking declaration that defendant’s patent was invalid. Case settled under confidentiality order.
  2. Northwest Marine Technologies, Inc. v. MicroMark, Inc. (Washington - Federal Court). Represented defendant against allegations of trade secrets acts violations, and tortious interference. Case settled under confidentiality agreement.
  3. TeG, Inc. v. Network Commerce, Inc. (Washington - King County). Represented plaintiff in breach of contract claim; defendant failed to pay for internet advertising and affiliate fees. Case settled under confidentiality agreement.

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General Commercial Litigation

  1. Exxon Nuclear v. Jersey Central (Washington - Federal Court). Defended company in damages trial against contract claims of more than $90 million.
  2. Federal Trade Commission v. Evans Products (Washington - Federal Court). Represented a company sued for alleged violations of the FTC Act. The FTC seeks more than $65 million in redress and injunctive relief. The FTC’s motion for a preliminary injunction was denied by the district court. The ruling against the FTC was affirmed by the Ninth Circuit Court of Appeals.
  3. Business Advantage Inc. v. Ashlock (Washington - King County). Represented company who terminated distribution agreement. We sought an injunction and damages against distributor for breach of non-competition agreement and use of trade secrets. Distributor counterclaimed for $3 million for wrongful termination. After trial, judgment awarded to our client for injunction, damages, and attorneys fees. The distributor’s counterclaim was dismissed.
  4. D. Garvey Corp. v. AT&T Wireless (Washington - Arbitration). Represented cellular telephone company against claims of more than $100 million for alleged breach of contract. Case settled through mediation.
  5. Lamb Grays-Harbor Co. v. Rexnord Corporation (Washington - Federal Court). Represented defendant against $5 million in claims for allegedly defective components used in conveyor systems in several countries. Obtained summary judgment dismissing large portion of claim. Case then settled.
  6. Messmer v. Allen Manufacturing Co. (Washington - King County). Defended Allen Manufacturing Company against claims for damages for alleged breach of sales agreement. The case was tried with a verdict for defendant.
  7. Jahnke v. Prudential Insurance Company of America, et al. (Oregon and Idaho - Federal Courts). Represented lessee of 10,000 acres of irrigated farmland owned by Prudential. Lessee alleged that Prudential wrongfully terminated his lease and provided defective irrigation equipment. After two years of litigation, our client, the lessee, received a multi-million dollar settlement.
  8. Manson v. SGA (Washington - Federal Court). In this ERISA class action, we obtained recovery of $1.95 million for our clients, the class of beneficiaries.

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Stockholder/Partnership Disputes

  1. Tamura v. Tamura (Washington - King County). Represented majority stockholders in suit by minority stockholders for dissolution, accounting and damages. The case settled.
  2. Dispute among attorneys. Represented law firm in dispute with another attorney over appropriate allocation of fees resulting from litigation in which the attorneys served as co-counsel. The matter was arbitrated; our client prevailed in all issues.
  3. Doan v. E. A. Jonson & Co., et al. (Washington - King County). Represented defendants who were sued for wrongful termination and other matters. The claims were brought by a shareholder against a professional corporation and other shareholders. Plaintiff sought damages, dissolution of the corporation, an injunction, and other relief. The case settled shortly after the court denied the injunctive relief sought by the plaintiffs.
  4. Seattle Packaging v. Barnard (Washington - Arbitration/King County/Court of Appeals). Represented former stockholder in dispute over value of stock. Our client prevailed and was awarded several million dollars.

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Products Liability

  1. Richardson v. Hydroplanes Unlimited, Inc., et al. (Washington - King County). Represented company owning hydroplane in products liability action regarding claims that unlimited hydroplane was not properly designed. The case was dismissed.
  2. Hauck v. Northwest Cortez and Apollo Motor Homes (Washington - King County). Defended a manufacturer of motor homes against breach-of-warranty and products liability claims. The case was tried with no damages assessed against the manufacturer.
  3. Sewat, J.V. v. Alcan Aluminum Co., et al. (Washington - Federal Court). Represented a manufacturer of steel against claims of more than $4 million arising from allegedly defective steel. The claims against the company were stayed and later dismissed.
  4. Boruck v. Cycles Peugeot (Washington - King County Court). Represented manufacturer of bicycles in products liability litigation. The case against the client was dismissed.
  5. Asbestos-Related Claims. We represent a corporation in defending against asbestos-related claims in various courts in Washington and elsewhere. Many such claims have settled; others are pending.

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Appellate

  1. Hoffman v. Regence BlueShield (Washington Supreme Court). Represented plaintiff class of over one million policyholders in consumer class action. Federal court certified state law questions involving interpretation of “Every Category of Provider” statute to Washington Supreme Court. Supreme Court ruled unanimously in favor of plaintiff class, which paved way for $30.4 million award to the class in 2002.
  2. All Alaskan Seafoods, Inc. v. Raychem Corp. (U.S. Court of Appeals, Ninth Circuit). Represented plaintiff seafood processing company in products liability action in which company’s $30 million processing vessel was destroyed in fire. Trial court granted summary judgment in favor of supplier of heating cable. On appeal, Ninth Circuit reversed summary judgment and remanded for trial on plaintiff’s product liability claims.
  3. Downey v. Crowley Marine Services, Inc. (U.S. Court of Appeals, Ninth Circuit). Represented plaintiff, a former tugboat engineer, in disability discrimination action. Trial court granted summary judgment to defendant employer. Ninth Circuit reversed, holding that simple notice to employer of employee’s disability triggers employer’s duty to accommodate disability under Washington law.
  4. Alred v. Borden, Inc. (U.S. Court of Appeals, Fifth Circuit). Represented Fortune 100 company (Borden) in appeal of $2.5 million jury verdict in favor of former distributors. U.S. Court of Appeals for Fifth Circuit reversed jury verdict and affirmed Borden’s counterclaims of $160,000. Federal District Court later entered judgment, including attorney fees, of $400,000 in favor of Borden.
  5. Seacom v. Howard S. Wright Construction Co. (Washington State Court of Appeals). Represented defendant construction company in multi-million dollar construction dispute. Court of Appeals affirmed directed verdict in favor of construction company. Washington Supreme Court denied review.
  6. Estate of Edmark (Washington State Court of Appeals). Successfully represented respondent in multi-million dollar will contest. Washington Supreme Court denied review.
  7. Washington Physicians Serv. v. Gregoire (U.S. Court of Appeals, Ninth Circuit). Successfully represented professional medical associations as amici curiae in appeal concerning ERISA preemption of Washington statute requiring health plans to cover treatments by licensed medical providers.

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Representation of Attorneys

We have represented law firms of all sizes, and individual attorneys, in connection with: (a) defense of legal malpractice claims; (b) alleged ethical impropriety; (c) partnership disputes, dissolutions and expulsions; (d) disputes with clients over fees; and (e) disputes with other attorneys over fee allocation.