Brad Fisher maintains a diverse civil litigation practice, handling cases involving claims by and against health care providers, consumer protection claims, misuse of trade secrets and other forms of unfair competition, violations of noncompetition covenants, allegations of false claims, corporate governance and partnership disputes, and breaches of contract and business torts. He tries cases in both state and federal courts and in arbitration, and represents both defendants and plaintiffs. Brad also regularly represents health care clients in administrative proceedings before the Department of Health.
Brad’s clients include health care providers, financial institutions, law firms, technology companies, franchisors, and manufacturers.
Certificate of Need litigation
Regularly and successfully represents numerous health care providers in certificate of need proceedings, in both administrative hearings and subsequent court proceedings. (Ongoing)
Represents hospitals and health systems in defending putative class actions alleging that chargemaster rates violate state contract and tort laws, as well as claims related to the provision of charity care. (Ongoing)
Regularly and successfully represents creditors, law firms, and collection agencies in defending against claims under the Fair Debt Collection Practices Act and Washington Collection Agency Act, securing dismissal of dozens of claims on motion practice. (Ongoing)
Washington State Hospital Association v. Washington State Department of Health
Represented the hospital association in a successful challenge to a regulation expanding the scope of the state’s certificate of need law to require that all changes in control of a hospital be approved in advance by the Department. Successfully obtained ruling from superior court that the regulation is invalid. The Washington Supreme Court affirmed in July 2015, in a unanimous decision. (2015)
Dickman v. IOD
Obtained summary judgment dismissing claims by putative class representative alleging that charges for medical records violated HIPAA and state law. (2015)
Amazon v. Szabadi
Represented Amazon in enforcement of non-competition agreement against former employee in response to move to Google. Case settled after ruling on early dispositive motion. (2015)
Medical staff proceedings
Represents medical staff in confidential matters involving hospital privileges and required reporting. (Ongoing)
McCarty v. Bybee Foods
Secured a 12-0 defense verdict and recovered fees for processor Bybee Foods against plaintiff grower following a two-week jury trial in Franklin County Superior Court (Pasco, Wash.). (2013)
Hat World v. Shine
Represented former employees in defense of noncompetition claims, including successful defense motion for restraining order. (2013)
Spirits distributor contract dispute
Represented an alcohol beverage company and alcohol beverage distributor for a distribution contract dispute under Washington law. Obtained favorable settlement prior to arbitration. (AAA Arbitration 2013)
Freestone Capital Partners v. MKA Real Estate Opportunity Fund
Represented Freestone in a multi-jurisdictional matter involving the enforcement of written guarantees exceeding $32 million indebtedness. Obtained summary judgment against the two individual guarantors who resided in California. (2012)
Verska v. Saint Alphonsus Regional Medical Center
Represented Saint Alphonsus in lawsuit filed by Boise spine surgeon. Protections of Idaho peer review privilege affirmed by Idaho Supreme Court at—P.3d —, 2011 WL 5375192 (2011)
Nordia Law Group v. Prestige Hockey Group Inc.
Represented Swedish firm and its principal in dispute over commissions earned in representation of National Hockey League athletes. (W.D. Wash. 2011)
Eurofresh, Inc. v. Windset Farms (California), Inc.
Represented Windset Farms in defense of claims related to noncompetition agreements. (D. Az. 2011)
Ocean Express Trading, LLC v. Sungil Engicom Co., Ltd.
Represented Ocean Express Trading in dispute with South Korean fish buyer. Successfully compelled Korean buyer to arbitrate in Seattle. (W.D. Wash. 2011)
Aquastar v. Leuenberger
Defended former employee against defamation and breach of contract claims. Suit voluntarily dismissed after deposition of plaintiff. (King Cnty. (Wash.) Super. Ct. 2011)
Odelia Pacific Corporation v. Lucent Technologies
Represented Odelia Pacific in suit for unpaid services. (W.D. Wash. 2010)
White Sands v. Ness & Campbell Crane
Obtained defense award for Ness & Campbell Crane on claims for breach of lease. Awarded damages on counterclaims and fees at arbitration. (2010)
Brina Sanft Management v. digEcor
Obtained defense award at arbitration on claims for breach of consulting and marketing agreements. (2009)
Starbucks v. Twohig
Represented Starbucks in high-profile litigation against former senior executive for breach of noncompete agreement. Twohig, who had reported directly to the president of Starbucks U.S., accepted a senior executive position with Dunkin' Donuts. After expedited discovery and entry of an order limiting Twohig's activities with Dunkin', the case was successfully resolved at mediation. Twohig paid $500,000 to Starbucks and agreed to continue post-employment restrictions protecting Starbucks' confidential information and trade secrets. (W.D. Wash. 2009)