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, and deputy chair of the firm’s litigation department. Fred has counseled and represented numerous clients in class action lawsuits across the country, including Amazon.com, AMEC Earth & Environmental, American Casualty Insurance Company, AOL, AT&T, eBay, eNom, Long Beach Mortgage Co., Microsoft Corp., Providence Hospital Systems, Scholastic Inc., Shell Oil, Skype Inc., Starbucks, T-Mobile USA, The University of California, Verizon Wireless, Washington Mutual Bank and Wolters Kluwer.
Fred is 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 Verizon Wireless Ongoing
Defending Verizon Wireless in putative nationwide consumer class action alleging that defendants design their products to result in accidental data charges.
Skype, Inc. Ongoing Representing 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 and awaits final court approval. AOL, LLC Ongoing Representing AOL in putative class action in King County Superior Court alleging that AOL enrolled consumers in service plans without authorization. The case has been settled on favorable terms and awaits final court approval.Match.com Ongoing Defending 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. National wireless carrier Ongoing Representing national wireless carrier in putative nationwide and California-only class actions in federal courts in Washington and California alleging wireless carrier breached its contracts and violated state consumer protection statutes when it passed through to consumers federal fees assessed to subsidize phone service for rural and other underserved areas. Federal courts in Seattle and San Francisco dismissed each proposed class action with prejudice, without reaching class certification issues. Appeals pending in 9th Circuit. Providence Health & Services Ongoing 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. Plaintiffs have appealed to the Oregon Court of Appeals. Microsoft Corporation Ongoing Representing Microsoft in putative nationwide products liability class action alleging defects in the Xbox 360 console. Court denied class certification in October 2009, and the Ninth Circuit denied review on January 21, 2010.Amazon.com 2010
Represented Amazon.com in putative nationwide product liability and consumer class action alleging that the Amazon Kindle was defective and had a propensity to crack. Case was settled for $50,000 and with no discovery costs incurred.
U.S. Chamber of Commerce (Amicus Curiae) 2010
Represented United States Chamber of Commerce as Amicus Curiae before the Washington Supreme Court in an appeal of a putative consumer class action alleging a failure to disclose certain fees and charges. In reversing and rejecting nationwide application of the Washington Consumer Protection Act, the Washington Supreme Court expressly adopted arguments raised solely by the Chamber of Commerce.
Oasis Physical Therapy 2009 Defended physical therapy clinic in a Washington state class action alleging inappropriate contact with patients. Defeated class certification motion. Individual claims remain pending. Amazon.com 2008 Represented Amazon.com in a putative nationwide class action alleging misrepresentation and the sale of counterfeit goods on the Amazon.com website. Obtained orders striking class allegations and granting motion for summary judgment. Major oil company 2008 Represented defendant in putative class action alleging failure to disclose bank holds placed on consumer accounts where consumers use a debit card to complete their transactions. Case was settled on an individual basis within six months. eNom, Inc. 2008 Represented Internet domain name registrar in putative nationwide class action litigation challenging reseller’s failure to transfer names. Obtained dismissal on the pleadings. Credit Solutions of America (CSA) 2008 Defended putative nationwide class action alleging violations of the Credit Repair Organization Act (CROA). Successfully obtained order transferring case to Northern District of Texas. Verizon Wireless 2008 Represented Verizon Wireless in putative class action alleging the failure to disclose surcharges in consumer contracts and billing statements. Obtained dismissal on the pleadings. See Smale et al. v. Cellco Partnership, dba Verizon Wireless, 547 F.Supp.2d 1181 (W.D. Wash. 2008). Scholastic, Inc. 2006 Represented publisher in federal court putative nationwide class action alleging violations of the Washington Consumer Protection Act and the Washington Unsolicited Goods Act for demanding payment for goods that were purportedly free. After filing motion for judgment on the pleadings, plaintiffs voluntarily dismissed all claims. Long Beach Mortgage Company 2005 Represented lender in Washington state court putative class action, in which plaintiffs alleged that lender’s loan disclosure policies constituted an unfair or deceptive act or practice under the Washington Consumer Protection Act. Defeated motion for class certification. 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
- Deputy Chair, Davis Wright Tremaine’s Litigation Department
- 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
- Elected to American Law Institute
- William L. Dwyer Inn of Court (local Seattle chapter of the American Inns of Court)
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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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