Experience

Representative Class Action Cases

• Representing multinational corporation and subsidiary in putative class action involving claim that defendants breached employment contracts. Class certification vacated. (Lee v. ITT Corp., 534 F. App’x 626 (9th Cir. 2013). Second class certification order affirmed; petition for certiorari pending (662 F. App’x 535 (9th Cir. 2016), pet. for cert. filed (U.S. Mar. 17, 2017) (No. 16-1128).)
• Represented defendant in putative class actions concerning genetically modified wheat. (In re Monsanto Company Genetically-Engineered Wheat Litig., U.S. District Court, District of Kansas, MDL No. 2473.)
• Represented defendants in class action where named plaintiffs allege they were improperly classified as independent contractors and denied employee benefits. After class decertification, resolved in clients’ favor on summary judgment. (Babich v. Farmers Ins. Exch., King County Superior Court, State of Washington, Case No. 06-2-16860-7SEA.)
• Represented defendants in putative class action involving claim that auto dealers unlawfully charged customers state business and occupation taxes. Resolved in clients’ favor on appeal. (Johnson v. Camp Auto., Inc., Washington State Court of Appeals, Division III, Case No. 26667-2-111.)
• Represented defendants in multi-state wage and hour class actions and federal wage and hour collective action. Resolved in clients’ favor. (Petre v. Farmers Ins. Exch., King County Superior Court, State of Washington, Case No. 01-2-21799-2SEA; In re Farmers Ins. Exch. Claims Representatives’ Overtime Pay Litig., U.S. District Court, District of Oregon, MDL No. 1439.)
• Defended telecommunications company in consumer class action lawsuit based on allegations of deceptive billing practice. Obtained a Rule 12(b)(6) dismissal of the case prior to class certification and affirmance of the dismissal on appeal. (Hopkins v. GTE, 89 Wn. App. 1, 947 P.2d 1220 (1997).)
• Helped defend utility company in lawsuit brought by flood victims asserting claims for negligent flood control, negligent failure to warn and breach of contract. Class certification denied. (Rainey v. PacifiCorp, Clark County Superior Court, State of Washington, No. 96-2-00977-0.)
• Worked with lead counsel in representation of Alaska’s largest private employer, which was sued in federal and state courts for alleged violations of federal and state wage and hour laws. Played key role in developing strategies and briefing, with result that federal class was substantially diminished in size and cases eventually settled. (Clark v. Carr-Gottstein Foods Co., U.S. District Court, District of Alaska, Docket No. A94 0587-CV; Kirby v. Carr-Gottstein Foods Co., Superior Court, State of Alaska, Third Judicial District of Anchorage, Case No. 3AN-94-10873 CI.)

Representative Appellate Cases
Federal Court Appeals

• Obtained vacatur of class certification order. (Lee v. ITT Corp., 534 F. App’x 626 (9th Cir. 2013).)
• Obtained affirmance of summary judgment in defendant’s favor on former employee’s claim involving stock options. (Tuggle v. Columbia Sportswear, Inc., 77 F. App’x 438 (9th Cir. 2003).)
• Obtained affirmance of summary judgment in favor of employer in action brought by former employee for outrage and violation of federal and state antidiscrimination laws, based on allegation that employer failed to accommodate former employee’s disability. (Jensen v. GTE Nw., Inc., 7 F. App’x 778 (9th Cir. 2001).)
• Obtained affirmance of summary judgment in favor of employer in action involving Fair Labor Standards Act wage and hour claims asserted by former employees. (Bruns v. Municipality of Anchorage, 182 F.3d 924 (9th Cir. 1999) (unpublished).)
• Obtained affirmance of summary judgment in favor of employer in action brought by former employee asserting claims for race discrimination and retaliation under Title VII of the Civil Rights Act of 1964 and for constructive discharge. (Chiles v. Kaiser Permanente Med. Care Program, 164 F.3d 629 (1998) (unpublished memorandum decision).)
• Obtained reversal of judgment on appeal. Former CEO of company had obtained a judgment against his former employer for allegedly violating the Employee Retirement Income Security Act (ERISA) when it refused to pay him severance benefits he claimed were due under the terms of his employment agreement. (Delaye v. Agripac, Inc., 39 F.3d 235 (9th Cir. 1994), cert. denied, 115 S. Ct. 1402 (1995).) Appellate court held that severance pay provision in employment contract was not an ERISA plan. Followed in Velarde v. PACE Membership Warehouse, Inc., 105 F.3d 1313, 1316 (9th Cir. 1997), and cited in Cvelbar v. CBI Ill. Inc., 106 F.3d 1368, 1375 n.7 (7th Cir.), cert. denied, 118 S. Ct. 56 (1997).
• Obtained affirmance of summary judgment in favor of employer in action brought by former employee asserting claims for race and sex discrimination under Title VII of the Civil Rights Act of 1964. (Love v. Harsh Inv. Corp., 983 F.2d 1076 (table), 1993 WL 4811 (9th Cir.), cert. denied, 114 S. Ct. 401 (1993).)

State Court Appeals

• Obtained reversal of adverse judgment entered in breach of contract action. (Cambridge Decision Science v. Markman, Docket No. 74774-6-I (Wash. Ct. App. 2017).)
• Obtained affirmance of judgment entered in favor of employer after jury trial on former employee’s claims of discrimination and breach of contract. Willhite v. Farmers New World Life Ins. Co., 189 Wn. App. 1024 (2015), review denied, 185 Wn.2d 1013 (2016).)
• Obtained discretionary review of adverse negligence verdict; settled after briefing and oral argument. (Aurdal v. Huntingford, 176 Wn.2d 1011, 297 P.3d 707 (2013) (table).)
• Represented lender involved in mechanic’s lien dispute; obtained reversal of adverse summary judgment. (Olson Eng’g, Inc. v. KeyBank Nat’l Ass’n, 171 Wn. App. 57, 286 P.3d 390 (2012).)
• Obtained reversal of summary judgment on claims for violation of state tax and consumer protection laws. (Johnson v. Camp Auto., Inc., 148 Wn. App. 181, 199 P.3d 491, review denied, 166 Wn.2d 1019 (2009).)
• Represented insurer in dispute with former agent, in connection with termination of contract for personal services. Obtained affirmance of summary judgment in insurer’s favor. (Pearson v. Farmers Ins. Co. of Wash., Docket No. 58550-9-1 (Wash. Ct. App. 2007), review denied, 164 Wn.2d 1002 (2008).)
• Obtained affirmance of summary judgment dismissal of action for breach of contract, negligent misrepresentation and indemnity. (Donald B. Murphy Contractors, Inc. v. King Cnty., 111 Wn. App. 1017, 49 P.3d 912 (2002).)
• Obtained affirmance of dismissal of putative consumer class action. (Hopkins v. GTE Nw., Inc., 89 Wn. App. 1, 947 P.2d 1220 (1997).)
• Obtained reversal of judgment holding shareholder jointly and severally liable for corporation’s debt. (Treuter v. Christopherson, Docket No. 39173-9-I (Wash. Ct. App. 1997) (unpublished), review denied, 134 Wn.2d 1026 (1998).)
• Obtained affirmance of dismissal for lack of personal jurisdiction. (Geo-Culture, Inc. v. Siam Inv. Mgmt. S.A., 147 Or. App. 536, 936 P.2d 1063 (1997).)
• Obtained affirmance of order regarding claim of third party to garnished assets. (Boers v. Payline Sys., Inc., 145 Or. App. 1, 928 P.2d 1010, 31 U.C.C. Rep. Serv. 2d (CBC) 895 (1996), review denied, 936 P.2d 987 (Or. 1997).)
• Obtained affirmance of dismissal of action on judicial estoppel grounds. (Presley v. Skiver Constr. Co., Docket No. A98430 (Or. Ct. App. 1998) (affirmed without opinion).)
• Obtained reversal of denial of motion for partial vacation of dissolution decree. (In re Marriage of Vazquez, Docket No. 18210-6-II (Wash. Ct. App. 1996) (unpublished).)
• Obtained affirmance of dismissal of tort action. (Hadley v. Cowan, 60 Wn. App. 433, 804 P.2d 1271 (1991).)

Representative Trial Matters

• Represented employer in lawsuit arising out of employee’s termination. Obtained summary judgment on claims of age discrimination and wrongful discharge, and a unanimous jury verdict on former employee’s claims of disability discrimination, breach of promise of specific treatment and interference with state Family Leave Act rights. (Willhite v. Farmers Ins. Grp., et al., King County Superior Court, State of Washington, No. 12-2-23827-8SEA.)
• Represented limited liability company and remaining LLC members in lawsuit filed by former LLC member. Obtained summary judgment in defendants’ favor on all of plaintiff’s claims, including claims for breach of contract, breach of fiduciary duty, breach of duty of loyalty, and breach of duty of good faith and fair dealing. (Kim v. ACS Nw. Properties, LLC, et al., King County Superior Court, State of Washington, No. 10-2-21896-3SEA.)
• Represented ERISA plan defendant in lawsuit over medical and disability benefits. Case settled after defendant obtained order setting aside default. (Osborne v. Recreational Equip., Inc. Grp. Life & Med. Plan, U.S. District Court, Western District of Washington, Case No. 12-cv-01309-TSZ.)
• Represented ERISA plan defendants in lawsuit over pension benefits. Case settled after defendants moved for summary judgment. (Bianchi v. Med. Serv. Bureau of Idaho Inc. Employees’ Defined Benefit Plan & Trust, U.S. District Court, District of Idaho, Case No. CV 08-267-S-EJL.)
• Part of team that represented plaintiff in a lawsuit over ownership and management of a limited liability company. Case settled. (Dempsey v. Avenatti, King County Superior Court, State of Washington, No. 13-2-29955-1SEA.)

Honors & Activities

Professional Honors & Activities

• Included in The Best Lawyers in America^® (Appellate Practice; Commercial Litigation; Mass Tort Litigation / Class Actions—Defendants), 2024
• Intake Committee, Legal Voice
• Recipient, Stoel Rives LLP Andrew Guy Pro Bono Award, 2019
• Cooperating attorney, Legal Voice, 2016–2017
• Cooperating attorney, American Civil Liberties Union
• Cooperating attorney, Northwest Women’s Law Center, 2002–2009
• Member, Litigation Section and Business Law Section, Washington State Bar Association
• Member, Appellate Section, King County Bar Association
• Cooperating attorney and joint recipient of 1990 Founder’s Award, Northwest Women’s Law Center
• Member of the Year (joint recipient), Seattle-King County Chapter, Washington Women Lawyers, 1990
• Former volunteer, King County Housing Justice Project

Civic Activities

• Former Trustee, Executive Committee, Chair of Issues Management Committee, Municipal League of King County
• Former chair and executive board member, Metropolitan Guild, Seattle Art Museum
• Volunteer for the Arboretum Foundation

Insights & Presentations

• Washington chapter of Part III, “Jurisdictional Survey of Local Requirements Governing Class Actions,” A Practitioner’s Guide to Class Actions, American Bar Association, 2d ed., (Fall 2017)
• Update to Washington section of Chapter 33, A Practitioner’s Guide to Class Actions, American Bar Association, 2012 Supplement
• Washington section of Chapter 33, A Practitioner’s Guide to Class Actions, American Bar Association, 2010

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