| Davis Wright Tremaine has the preeminent class action defense practice in the Pacific Northwest. Our lawyers have successfully defended scores of class actions for major companies in almost every industry.
Our lawyers strive for early success in high-stakes class action litigation. In the overwhelming majority of class actions we’ve handled, we have obtained pre-certification dismissals, negotiated individual settlements or voluntary dismissals, defeated class certification motions, or obtained orders striking class allegations, often before the client has had to incur significant discovery costs. In others, we have obtained summary judgment on a class-wide basis or won at trial on the merits. And, when circumstances have warranted it, we have crafted favorable settlements.
Our class action lawyers represent clients on a wide variety of legal issues, including consumer protection and product liability claims. We have litigated cases under state consumer protection statutes, the Truth in Lending Act, the Real Estate Settlement Procedures Act, the Magnuson-Moss Warranty Act, the Racketeer Influenced and Corrupt Organizations Act (RICO), and securities laws, to name a few. As a result of our breadth of experience, we make early strategic calls that allow the client to map out a reliable and predictable litigation plan (subject, of course, to the usual vagaries of litigation).
We litigate cases with a high degree of professionalism and a minimum of unnecessary friction. As a result, we believe we have an unsurpassed reputation for integrity and reliability before state and local judges in the Pacific Northwest—as well as among other counsel and our clients. |
Selected Experience Defending Verizon Wireless in putative nationwide consumer class action alleging that defendants design their products to result in accidental data charges. (Ongoing) Defended Microsoft in litigation challenging the 'Windows Vista Capable' marketing program, which preceded the release of the Microsoft Windows Vista operating system in early 2007. Class initially certified, decertified after the close of e-discovery in February 2009, and resolved after appeal. (W.D. Wash. 2011) 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) Represent former Washington Mutual officers in multidistrict class action litigation and tag-along cases pending in federal district court in the Western District of Washington involving securities claims arising from collapse of housing market. Appointed by court as liaison counsel and single-member deposition committee for all defendants. (W.D. Wash. Ongoing) 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 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) 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. (2010) Represented Microsoft in putative nationwide products liability class action alleging defects in the Xbox 360 console. Court denied class certification in October 2009, and the 9th Circuit denied review on Jan. 21, 2010. In re Xbox 360 Scratched Disc Litig., 2009 WL 481325 (W.D. Wash. 2009). Case settled on favorable terms on individual basis. ( W.D. Wash. 2010)Represented United States Chamber of Commerce as amicus curiae before the Washington Supreme Court in an appeal from a class certification order in a case 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 adopted arguments raised in amicus curiae brief. Schnall v. AT&T Wireless Serv. Inc., 171 Wash.2d 260, 259 P.3d 129 (2011) Defended national provider of broadband services in a putative class action by the residents of an area of a county annexed by a city. The plaintiffs claimed cable operator should charge them lower cable television rates. Dismissed with prejudice by trial court as pre-empted by federal Cable Act. The dismissal was affirmed by the Washington State Court of Appeals. 150 Wn. App. 721, 208 P.3d 1261 (Wash. App. 2009) 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. (King Cnty. (Wash.) Super. Ct. 2008) Represented nation's largest savings and loan in putative class litigation in Michigan alleging improper collection of mortgage release fees and payoff statement fees. Motion to dismiss granted based on federal preemption and failure to state a claim under Michigan law. Appeal pending in the 6th Circuit when the FDIC assumed control of the savings and loan, resulting in a stay of the appeal. (6th Cir. 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). Represented client in a test case regarding assessment of E911 fees by the state of Alabama and in class action regarding state sales taxes in California. (2008) Represented Seattle PC Magic in Telephone Consumer Protection Act (TCPA) and Consumer Protection Act (CPA) class action related to faxes. (King Cnty. (Wash.) Super. Ct. 2008) Complete defense verdict after trial of a consumer class action alleging violations of the Vehicle Leasing Act and the Consumer Legal Remedies Act (false advertising claim). 114 Cal. App. 4th 77 (S.F. Cnty. (Cal.) Super. Ct. 2007) Defended insurance carrier in a putative class action alleging underpayment of certain underinsured motorist benefits payments. Settled favorably. (2006) Represented lender licensed under state Consumer Loan Act in putative consumer class action alleging collection of excessive loan origination fees in violation of state law and contracts. Successfully defeated class certification and then obtained summary judgment on individual claims. Summary judgment affirmed at the Court of Appeals and review denied in Washington Supreme Court. WL 2469141 (Wash. App. 2006) Case involving the constitutionality on federal pre-emption grounds of California statute purporting to make illegal the sale of shoes made of kangaroo leather, despite provision of Endangered Species Act allowing importation of such materials. Case went to the State Supreme Court. Plaintiff's case was dismissed. 41 Cal. 4th 929 (Cal. 2006) Represented client in state court putative class action alleging unfair and deceptive practices in assessing port charges and taxes on cruise fares. Successfully resisted efforts to certify class of more than 1.1 million members. The case settled on favorable terms, and the Washington Supreme Court upheld approval of the settlement in the first Washington case addressing class action settlement standards. 145 Wn.2d 178 (Wash. 2001) Represented international financial services company in state court class action challenging finance charges and other terms of private label credit card programs under Washington Retail Installment Sales Act and Consumer Protection Act. Eventually prevailed in unanimous decision by the Washington Supreme Court rejecting plaintiffs' core claims. 132 Wn.2d 433 (Wash. 1997) * Denotes experience completed at a prior firm | | Search Experience | | | |  |
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