Areas of Practice
Complex litigation, class actions and appeals
Illustrative Cases
Port Charges Litigation. Represented cruise line in state court 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. Pickett v. Holland America Line – Westours Inc. 145 Wn.2d 178 (2001).
Financial Services Class Actions. Represented various financial services providers in consumer class actions in Washington, California, New York, and Minnesota. For example, represented international financial services company in class action challenging finance charges and other terms of private label credit card programs under Washington Retail Installment Sales Act and Consumer Protection Act. Case involved claims in excess of $75 million. After extensive motion practice, the Washington Supreme Court in a unanimous decision resolved the matter in the company's favor. Cazzanigi v. GE Capital Corporation, 132 Wn.2d 433 (1997).
In re EXXON VALDEZ Litigation. Along with three other lawyers, shared lead responsibility for representing plaintiffs in the various ongoing appellate proceedings arising out of the $5 billion jury verdict against Exxon. After 9th Circuit Court of Appeals directed that the award be reduced, shared lead responsibility for briefing that resulted in revised award against Exxon of $4.5 billion. Case now before 9th Circuit on Exxon’s appeal from the revised judgment.
Newspaper Litigation. Represented the Seattle Times Company in appeals arising from termination of its joint operating agreement with the Hearst Corporation, pursuant to which the Times handles non-editorial functions for Seattle’s two daily newspapers. After highly publicized trial court decision in favor of Hearst, succeeded in reversing judgment through unanimous decisions in the court of appeals and the Washington Supreme Court, despite Court’s view that “today is not a happy day in the ongoing story of Seattle as a two-newspaper town.” Hearst Communications, Inc. v. Seattle Times Co., 154 Wn.2d 493 (2005).
Stadium Construction Disputes. Served as lead litigation counsel for the Seattle Mariners in various disputes arising out of the construction of SAFECO Field and the Mariners’ efforts to recoup over $100 million in cost overruns. Role involved frequent press contact, negotiation of a complex and highly publicized settlement with the public owner of the ballpark, and resolution of various construction-related claims through multiple multiparty mediations.
In re Hanford Nuclear Reservation Litigation. Represented Hanford management and operations contractor in In re Hanford Nuclear Reservation Litigation, concerning claims arising out of operations of federal nuclear reservation. Responsible for briefing successful motions to dismiss CERCLA and RCRA claims, both in the district court and before the Ninth Circuit, coordinated initial production of millions of pages of documents from federal archives, and generally coordinated defense with other contractor defendants. Successfully negotiated voluntary dismissal of client by thousands of plaintiffs.
Landfill Litigation. Defended solid waste disposal company in series of highly publicized challenges to development of controversial Eastern Washington regional landfill. Although two cases were dismissed on summary judgment, the third went to trial, principally on appearance of fairness issues, and resulted in a judgment in company’s favor. That judgment was affirmed by a unanimous Washington Supreme Court in Organization to Preserve Agricultural Lands v. Adams County, 128 Wn.2d 869 (1996), in a comprehensive and oft-cited decision addressing a variety of important issues in Washington land use law.
Continental Illinois National Bank & Trust Company, et al. v. Washington. Represented bond fund trustees on municipal bond issues in successful expedited federal court proceeding challenging the constitutionality of a voter initiative that mandated a public vote on revenue bond issues required to fund nuclear projects. The initiative jeopardized the security for billions of dollars in bonds. Prevailed at district court and before 9th Circuit court of appeals, and the United States Supreme Court denied the defendants’ request for further review.
Washington Public Power Supply System Securities Litigation. Represented auditor for Washington Public Power Supply System in state and federal litigation concerning alleged securities fraud in connection with $2.25 billion in bonds issued by that entity to fund two terminated nuclear projects. Successfully obtained dismissal of all claims in state trial court. Handled argument on behalf of eight defendants in State Supreme Court and succeeded in obtaining affirmance of dismissal on several claims. Haberman v. Washington Public Power Supply System, 109 Wn.2d 107 (1987). On eve of trial, negotiated one of lowest settlements of any party in litigation (out of $700 million total settlement sum).
WPPSS Nuclear Project No. 3. In connection with various pieces of litigation, acted as counsel to bond fund trustee for $2.1 billion in revenue bonds issued to finance construction of nuclear projects. Appeared as amicus curiae in Ninth Circuit, Washington Supreme Court, and federal district court in litigation potentially affecting bondholders' interests. Achieved uniformly favorable results.
Illustrative Publications and Presentations
"The Brief on Appeal" in Federal Appellate Practice (Washington Law School Foundation 1988)
Washington Evidence (PESI, 1993, 1994), with K. Tegland and Hon. W. Downing
With S. Keehnel and B. McConaughy, Litigating the Class Action Lawsuit in Washington (National Business Institute 1998)
“Nationwide and Multiple State Class Actions under State Law” in Innovative Strategies for Litigating Class Action Suits (Law Seminars International 2005-06), presented in Seattle and Philadelphia
Frequent lecturer on class action litigation, as well as evidence, depositions, appellate practice and accountants' liability
Published Cases
In addition to his trial level practice, Mr. Rummage has been lead counsel on over 30 appeals at every level of the state and federal courts. The following is a representative sample of reported decisions in which Mr. Rummage, except where noted, handled briefing and oral argument:
Washington Supreme Court
Hearst Communications, Inc. v. Seattle Times Co., 154 Wn.2d 493 (2005)
Pickett v. Holland America Line –Westours Inc., 145 Wn.2d 178 (2001)
Wenatchee Sportsmen Assn. v. Chelan County, 141 Wn.2d 169 (2000)
Cazzanigi v. GE Capital Corporation, 132 Wn.2d 433 (1997)
Org. to Preserve Agricultural Lands v. Adams County, 128 Wn.2d 869 (1996)
Washington State Bar Ass’n v. State, 125 Wn.2d 901 (1995) (briefing only)
Waste Management of Washington v. Washington UTC, 123 Wn.2d 621 (1994)
Employco Personnel Services, Inc. v. Seattle, 117 Wn.2d 606 (1991)
Haberman v. Washington Public Power Supply System, 109 Wn.2d 107 (1987)
Washington Court of Appeals
Shields v. Morgan Financial, Inc., 130 Wn. App. 750 (2005)
Bank of America, N.A. v. Wells Fargo Bank, N.A., 126 Wn. App. 710 (2005)
Honors
Named one of "America's Leading Business Lawyers" by Chambers USA, 2004-2006
Named one of the “Best Lawyers in America” in Business Litigation by Woodward/White, 2003-2004; 2005-06; 2006. Named in Commercial Litigation, 2008
Selected to "Super Lawyers," Washington Law & Politics, in every edition of annual poll
Selected to 'Top 100 Washington Super Lawyers,' Washington Law & Politics, 2008
Memberships and Activities
Washington State Bar Association
Education
J.D., University of California School of Law at Berkeley, 1980
B.A., Stanford University, 1977
