Microsoft Corporation
Ongoing
Defending 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—but then decertified after the close of discovery in February 2009. Case now pending in the 9th Circuit on plaintiffs’ appeal.
The Port Blakely Company
2010
Trial counsel to The Port Blakely Company, a family-owned tree farming business in dispute with limited partners. Successfully tried securities fraud claims to jury after obtaining dismissal on summary judgment of claims seeking dissolution.
Clallam County Public Hospital District No. 2
2010
Counsel to public hospital district sued by oncologist who claimed the hospital monopolized the provision of oncology services by hiring its own providers. On motion to dismiss filed against the complaint, obtained dismissal of Sherman Act damage claims under Local Government Antitrust Act and of all state antitrust claims.
National provider of broadband services
2009
Defended cable operator 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.
Sisters of Charity of Leavenworth Health System
2009
Obtained summary judgment in favor of hospital against antitrust claims brought by nurse practitioner.
Bank of America
2009
Obtained summary judgment dismissing all claims challenging the enforceability of an interest rate swap agreement.
Yountville Investors LLC v. Bank of Am. N.A., 2009, WL 2382862 (W.D. Wash. 2009)
Sisters of Charity of Leavenworth Health System
2008
Defended medical center against antitrust claims by terminated physicians. Case settled on favorable terms.
Providence Health System
2008
Represented large health system and its health plan in an antitrust case brought by two outpatient diagnostic imaging centers that were terminated from the plan in favor of two diagnostic imaging joint ventures formed by health system and community radiologists. The district court entered summary judgment for client after intense discovery. The 9th Circuit affirmed.
Virginia Mason Medical Center
2008
Represented client in a class action challenging the imposition of a facility fee at Virginia Mason's downtown outpatient clinic. Following entry of summary judgment in Virginia Mason’s favor on the claim that such fees were unlawful, the remaining claim regarding disclosure of the fees was settled.
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).
Hawai'i Pacific Health
2008
Obtained summary judgment for Hawai'i Pacific Health in antitrust litigation filed in state court in Honolulu by a group of pediatric oncologists who were terminated from the health system’s medical group. Plaintiffs asserted claims under the state's antitrust laws and unfair trade practices act. Currently representing the health system in analogous litigation filed under the Sherman Act in federal court.
The Seattle Times Company
2007
Defended the Seattle Times Company in litigation filed by the Hearst Corporation regarding the Joint Operating Agreement under which the Seattle Times Company published both the Seattle Times and the Seattle Post-Intelligencer. The firm argued and won a unanimous Washington Supreme Court decision on the threshold issue of contract interpretation. (2005-2007)
Providence Health System
2007
Represented hospital in a class action brought claiming that the hospital charged the uninsured higher rates than it charged insured patients, failed to disclose the difference, and that its charges to the uninsured were too high. Court granted a motion to dismiss with prejudice.
Providence Health System
2006
Represented Providence in a class action filed in Oregon claiming that the hospital's charges to the uninsured were too high. Case settled on favorable terms.