Admitted to Practice | Washington | | California | | Oregon | | U.S. District Court Western District of Washington | | U.S. District Court Eastern District of Washington | | U.S. District Court Northern District of California | | U.S. District Court Southern District of California | | U.S. Court of Appeals 9th Circuit |
| Fred Burnside concentrates his practice in complex civil litigation, with particular emphasis on consumer class action defense. He is co-chair of Davis Wright Tremaine’s class action defense group. Fred has counseled and represented numerous clients in class action lawsuits across the country, including Amazon.com, AOL, AT&T, eBay, eNom, JPMorgan Chase Bank, N.A., Microsoft Corp., Providence Hospital Systems, Scholastic Inc., Shell Oil, Skype Inc., Starbucks, T-Mobile USA, The University of California, Verizon Wireless, and Wolters Kluwer.
Fred is a member of the firm’s executive committee. He is also co-chair of the ABA’s Consumer Law Subcommittee on Class and Derivative Suits, editor of the ABA Class Action Committee's Annual Survey of State Class Action Litigation, and is a member of the American Law Institute. Selected Experience Representing Chase in an action alleging fraud, breach of contract, breach of the duty of good faith and fair dealing, and Oregon unfair trade practices statute, based on failure to provide permanent loan modification. Obtained dismissal of all but one limited claim, which was settled on favorable terms. 749F. Supp. 2d1164, 2010 WL 4338326 (D. Or. 2010) Putative class action alleging that the theft of unencrypted backup tapes and optical discs from the car of an employee was negligent and a violation of the Oregon Unfair Trade Practices Act. Plaintiffs sought to certify the case on behalf of a class of 365,000 current and former patients whose patient information was stored on the stolen material. The court granted a motion to dismiss with prejudice and all claims were dismissed. Dismissal was affirmed by the Oregon Court of Appeals. 237 Or. App. 584, 240 P.3d 1110 (Or. App. 2010). Review is pending in the Oregon Supreme Court. (Ongoing) Obtained summary judgment on claims alleging violations of TILA and RICO as well as claims for mail fraud, wire fraud, money laundering, Criminal Profiteering, promissory estoppel, and emotional distress, stemming from the refusal to modify plaintiff’s loan. The case is currently pending before the Ninth Circuit Court of Appeals. 2011 WL 830727, (W.D. Wash., 2011) Obtained dismissal of TILA, RESPA, quiet title, and wrongful foreclosure. 2011 WL 2436134 (W.D. Wash., 2011) Represented bank in lawsuit involving fraud and consumer protection act claims arising out of residential loan transaction. Obtained dismissal of all claims. Fievez v. JPMorgan Chase Bank N.A., 2011 WL 5008542 (W.D. Wash. 2011) Obtained dismissal of TILA and RESPA claims stemming from loan origination based on FDIC Purchase and Assumption Agreement and federal holder-in-due course status. Likewise obtained dismissal of 14 separate post-foreclosure claims allegedly stemming from the Deed of Trust Act (RCW 61.24) as waived by the foreclosure sale or otherwise meritless. __F. Supp.2d__2011 WL 4939828 (W.D. Wash., 2011) Retained to represent Pierce County (Wash.) after five years of litigation, after two classes were certified, and after partial liability was established for claims alleging that the county's inmate booking-fee policy was unconstitutional. Within two months of retention, and within one week after filing decertification motions, the case was settled on favorable terms, with final approval granted. (2011) Represented nation's largest vendor of automated red-light traffic cameras in California class action in the Northern District of California, where plaintiffs allege that contract between Redflex and California cities violates California's Unfair Competition law. The court granted Redflex's motion to dismiss, and plaintiffs voluntarily dismissed their claims without seeking further amendment. 764 F. Supp. 2d 1192 (N.D. Cal. 2011) Represented nation's largest vendor of automated red-light traffic cameras in Illinois class action alleging violations of the Illinois constitution and seeking restitution for unjust enrichment. Case voluntarily dismissed in response to legal analysis presented to plaintiffs' counsel, and without discovery. (2011) Obtained dismissal of claims alleging violations of TILA, RESPA, and for wrongful foreclosure initiation. 2011 WL 2149997 (W.D. Wash., 2011) Represented Skype and eBay in putative class action in Federal District Court in the Western District of Washington alleging that expiration of Skype credits violates Washington's Consumer Protection Act and the Washington Gift Certificate Statute. The case has been settled on favorable terms. (2010) Represented AOL in putative class action in King County Superior Court alleging that AOL enrolled consumers in service plans without authorization. The case was settled on favorable terms. (King Cnty. (Wash.) Super. Ct. 2010) Defended Match.com in putative nationwide class action alleging RICO, consumer fraud, fraud, and contract violations stemming from alleged failure to disclose limitations on communications between subscribers and members. The court granted Match.com's motion to dismiss, which caused plaintiffs to voluntarily dismiss the remaining claims. 2010 WL 3895513 (N.D. Tex. 2010) Represented Chase in action alleging fraud, misrepresentation, breach of fiduciary duty, estoppel, and conspiracy. Court granted Chase’s motion to dismiss, holding that under FIRREA, all borrower claims relating to Washington Mutual conduct belonged with the FDIC. 2010 WL 3001178 (D. Or. July 28, 2010) Represented national wireless carrier in putative nationwide and California-only class actions in federal courts in Washington and California alleging carrier breached its contracts and violated consumer protection statutes when it passed through federal fees that subsidize phone service for rural and other underserved areas. Federal courts in Seattle and San Francisco dismissed each proposed class action with prejudice. 9th Circuit affirmed dismissals. (2010) Additional Qualifications
- Associate, Milberg, Weiss, Bershad, Hynes & Lerach, San Diego, Calif.
- Judicial Intern, Hon. Barbara B. Crabb (W.D. Wisc.), Madison, Wis.
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Professional and Community Activities
- Co-chair, Davis Wright Tremaine's Class Action Defense Group
- Member, Davis Wright Tremaine’s Executive Committee
- Board Member of The William L. Dwyer American Inn of Court
- Co-chair, Consumer Law Subcommittee, Class Action and Derivative Suits Committee, American Bar Association
- Washington State Liaison, Class Action and Derivative Suits Committee, American Bar Association
- American Law Institute, Principles of Aggregate (Class Action) Litigation, Members Consultative Group
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Professional Recognition
- Selected to “Washington Rising Stars,” Law & Politics, 2006-2008, 2010-2011
- Elected to American Law Institute
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Education J.D., University of Wisconsin Law School, cum laude
- Note & Comment Editor; Malt & Barley Editor - Wisconsin Law Review
- Member, University of Wisconsin Moot Court Board
- Recipient, Wisconsin State Bar Award for Highest Academic Achievement
- Elected as Student Graduation Speaker
B.A., Philosophy, The Colorado College, with distinction
- Phi Beta Kappa
- Philosophy-Department Nominee for the Rhodes Scholarship
- Recipient, Robert Lewis and J. Glenn Gray Awards for Scholarship in Philosophy
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