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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 B. Burnside

BurnsideFred
Partner
Co-chair, Class Action Defense Group
T206.757.8016
F206.757.7016
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. Fred has counseled and represented numerous clients in class action lawsuits across the country, including Amazon.com, AOL, AT&T, eBay, eNom, Microsoft Corp., Providence Hospital Systems, Scholastic Inc., Shell Oil, Skype Inc., Starbucks, T-Mobile USA, The University of California, Verizon Wireless, and Wolters Kluwer.

Fred is a member of the firm’s executive committee. He is also 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.

Representative Experience

Casault v. Freddie Mac et al.

Serve as lead counsel for Freddie Mac in consumer class action against all major lenders and loan services alleging improper foreclosures based on the theory that loan-servicer advances in securitized mortgage backed securities cured any default by the borrower. Responsible for drafting and filing the lead joint brief for Freddie Mac, Fannie Mae, Wells Fargo, US Bank, Aurora Loan Services, Bank of New York Mellon, and LaSalle bank. Motion to dismiss currently pending. (Ongoing)

Clemens v. New Werner Co.

Defending supplier of ladders in products liability class action alleging manufacture and sale of defective products. (W.D. Wash. 2012; Ongoing)

Paul v. Providence Health System

Represented Providence Health System against a putative class action. Plaintiffs alleged 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 and by the Oregon Supreme Court, 273 P.3d 106. Oral arguments. (February 24, 2012)

Stork v. Northwest Trustee Services, Inc., et al

Obtained judgment on the pleadings dismissing with prejudice plaintiff’s claim challenging non-judicial foreclosures as wrongful. Also defeated the plaintiff’s motion to remand the case to state court. 2012 WL 464220 (D. Or. 2012)

Erickson v. Long Beach Mortgage Co.

Obtained summary judgment on claims alleging violations of TILA and RICO as well as claims for mail fraud, wire fraud, money laundering, Criminal Profiteering, promissory estoppel, and emotional distress, stemming from the refusal to modify plaintiff’s loan. The case is currently pending before the Ninth Circuit Court of Appeals. 2011 WL 830727 (W.D. Wash. 2011)

Fidel v. Deutsche Bank Nat. Trust Co.

Obtained dismissal of TILA, RESPA, quiet title, and wrongful foreclosure. 2011 WL 2436134 (W.D. Wash. 2011)

Fievez v. JPMorgan Chase

Represented bank in lawsuit involving fraud and consumer protection act claims arising out of residential loan transaction. Obtained dismissal of all claims. Fievez v. JPMorgan Chase Bank N.A., 2011 WL 5008542 (W.D. Wash. 2011)

Gossen v. JPMorgan Chase Bank

Obtained dismissal of TILA and RESPA claims stemming from loan origination based on FDIC Purchase and Assumption Agreement and federal holder-in-due course status. Likewise obtained dismissal of 14 separate post-foreclosure claims allegedly stemming from the Deed of Trust Act (RCW 61.24) as waived by the foreclosure sale or otherwise meritless. __F. Supp.2d__2011 WL 4939828 (W.D. Wash., 2011)

Gunderson v. Pierce County

Retained to represent Pierce County (Wash.) after five years of litigation, after two classes were certified, and after partial liability was established for claims alleging that the county's inmate booking-fee policy was unconstitutional. Within two months of retention, and within one week after filing decertification motions, the case was settled on favorable terms, with final approval granted. (2011)

Jadeja v. Redflex Traffic Systems, Inc.

Represented nation's largest vendor of automated red-light traffic cameras in California class action in the Northern District of California, where plaintiffs allege that contract between Redflex and California cities violates California's Unfair Competition law. The court granted Redflex's motion to dismiss, and plaintiffs voluntarily dismissed their claims without seeking further amendment. 764 F. Supp. 2d 1192 (N.D. Cal. 2011)

Keating v. City of Chicago

Represented nation's largest vendor of automated red-light traffic cameras in Illinois class action alleging violations of the Illinois constitution and seeking restitution for unjust enrichment. Case voluntarily dismissed in response to legal analysis presented to plaintiffs' counsel, and without discovery. (2011)

Wright v. Accredited Home Lenders

Obtained dismissal of claims alleging violations of TILA, RESPA, and for wrongful foreclosure initiation. 2011 WL 2149997 (W.D. Wash., 2011)

Barinaga v. JPMorgan Chase & Co.

Represented lender in an action alleging fraud, breach of contract, breach of the duty of good faith and fair dealing, and Oregon unfair trade practices statute, based on failure to provide permanent loan modification. Obtained dismissal of all but one limited claim, which was settled on favorable terms. 749F. Supp. 2d1164, 2010 WL 4338326 (D. Or. 2010)

Barker v. Skype, Inc.

Represented 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. (2010)

Bockhan v. AOL, LLC

Represented AOL in putative class action in King County Superior Court alleging that AOL enrolled consumers in service plans without authorization. The case was settled on favorable terms. (King Cnty. (Wash.) Super. Ct. 2010)

Brodsky v. Match.com

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)

Buus v. WaMu Pension Plan ERISA litigation

Represented Washington Mutual in a putative class action alleging ERISA violations resulting from the implementation of a cash-balance plan. Case was settled on favorable terms. (2010)

Chancey v. Washington Mut. Asset Backed Certificates WMABS Series 2007-HE2

Represented lender in action alleging fraud, misrepresentation, breach of fiduciary duty, estoppel, and conspiracy. Court granted lender's motion to dismiss, holding that under FIRREA, all borrower claims relating to Washington Mutual conduct belonged with the FDIC. 2010 WL 3001178 (D. Or. July 28, 2010)

Class action defense of fee claims for national wireless carrier

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) Read more

Geise v. Amazon.com

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)

Hart v. JPMorgan Chase Bank, NA

Represented bank in a California-only class action in the Northern District of California alleging that bank failed to make online funds transfer deposits immediately available for same-day debits, thereby causing unnecessary and excessive NSF fees. Plaintiff brought claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and conversion. Case voluntarily dismissed in response to legal analysis presented to plaintiff's counsel, and without discovery. (2010)

Horton v. Chase Bank USA, NA

Represented bank in an action alleging violations of the Washington Consumer Protection Act, based on purported violations of Truth in Lending Act and Real Estate Settlement Procedures Act. Obtained Rule 12 dismissal based on National Bank Act preemption. 2010 WL 4065100 (Wash. Super. Ct. 2010)

In re Park West Galleries Marketing & Sales Practices Litigation

Defended two international cruise lines in multidistrict class litigation concerning marketing and sales practices for on-board art auctions. Successfully moved to dismiss all claims based on contractual limitations periods. (W.D. Wash. 2010)

In re Xbox 360 Scratched Disc Litigation

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)

Schnall v. AT&T Wireless Services, Inc.

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)

Smith v. Bank of America, NA

Represented Bank of America in putative Washington-only class action alleging that Bank of America's practice of charging a $100 garnishment fee violated state law. Motion to dismiss was granted with prejudice based on National Bank Act preemption argument. (E.D. Wash. 2010)

Todd v. City of Auburn, et al.

Represented nation’s largest vendor of automated red-light traffic cameras in Washington state class action alleging violations of the Washington Consumer Protection Act and state statute governing cameras. The court granted defendants’ motion to dismiss. The case was affirmed by the 9th Circuit Court of Appeals. 2010 WL 774135 (W.D. Wash., 2010), aff’d 425 Fed. Appx. 613 (2011)

Vatomanyuk v. Quality Loan Serv. of Wash.

Represented lender in action alleging violations of the Truth in Lending Act, Real Estate Settlement Procedures Act, and the Washington Consumer Protection Act. Court granted lender's motion to dismiss based on a failure to state a claim and National Bank Act pre-emption. 699 F. Supp. 2d 1242 (W.D. Wash. 2010)

Vawter v. Quality Loan Services, of Wash.

Represented lender and MERS in an action alleging violations of the Washington Deed of Trust Act, the Washington Consumer Protection Act, FDCPA, emotional distress, and for wrongful foreclosure. In a widely cited decision, the court granted lender's motion to dismiss with prejudice rejecting wrongful foreclosure claim, finding MERS is an appropriate agent for lender, and holding that in the absence of injury, technical statutory violations cannot form a basis for liability. 707 F. Supp. 2d 1115 (W.D. Wash. 2010)

Dalit v. Chase Home Finance

Represented lender in action alleging violations of the Truth in Lending Act, Real Estate Settlement Procedures Act, Home Ownership Equity Protection Act, Washington Consumer Protection Act, and the Fair Debt Collections Practices Act in connection with foreclosure action. Federal district court granted lender's motion to dismiss for failure to state a claim. 2009 WL 3517587 (W.D. Wash. 2009)

Taber et al. v. Oasis Physical Therapy et al.

Defended physical therapy clinic in a Washington state class action alleging inappropriate contact with patients. Defeated class certification motion. Individual claims remain pending. (2009)

Boyle v. Amazon.com, Inc.

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) Read more

Consumer class action for major oil company

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. 07-2-00477-1 (Chelan Cnty. (Wash.) Super. Ct. 2008)

Martinez v. eNom, Inc.

Represented Internet domain name registrar in putative nationwide class action litigation challenging reseller's failure to transfer names. Obtained dismissal on the pleadings. (2008)

McDaniel et al. v. CSA - Credit Solutions of America

Defended putative nationwide class action alleging violations of the Credit Repair Organization Act (CROA). Successfully obtained order transferring case to Northern District of Texas. (W.D. Wash. 2008)

Smale et al. v. Cellco Partnership d/b/a Verizon Wireless

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).

Avista v. United States Bureau of Indian Affairs

Counsel for hydroelectric licensee in Avista v. U.S. Bureau of Indian Affairs. Represented Avista in a trial against the Bureau of Indian Affairs and the Coeur d'Alene Tribe relating to terms and conditions contained in a federal hydroelectric license, pursuant to Section 241 of the Energy Policy Act of 2005. The court ruled that many factual assertions by Interior in hydroelectric relicensing proceeding were unfounded. (Dept. of the Interior Admin. Law Judge 2007)

Fisher v. Priority Escrow

Defended Washington Mutual Bank in action alleging Truth in Lending Act and Washington Consumer Protection Act violations. Obtained dismissal with prejudice for failure to prosecute after arguing that plaintiff’s failure to meet a single court deadline prejudiced the bank. 2006 WL 2597934 (W.D. Wash. 2006)

Hart v. Scholastic, Inc.

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. (W.D. Wash. 2006)

Horton v. Leading Edge Marketing

Lead counsel representing herbal supplement manufacturer in putative nationwide class action in Colorado federal court. Plaintiff alleged violations of RICO and state consumer fraud statutes. Matter was settled with minimal expense and no admission of liability. (D. Colo. 2005)

Rucker v. Long Beach Mortgage Co.

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. (King Cnty. (Wash.) Super. Ct. 2005)

Shields v. Long Beach Mortgage

Represented lender in individual action alleging, among other things, a failure to timely disclose yield-spread premium fees on the “good faith estimate” as required by federal law. Obtained summary judgment, which was affirmed on appeal. Shields v. Morgan Financial, 130 Wn. App. 750, 125 P.3d 164 (Wash. App. 2005) Read more

Confederated Tribes of the Umatilla Indian Reservation v. Ecology

Defended Chelan County PUD in challenge to Clean Water Act Section 401 Certification against claims of Indian tribes that project failed to provide reasonable assurance of compliance with water quality standards. Prevailed in trial before Pollution Control Hearings Board in widely cited decision. 2004 WL 891949 (Wash. Pollution Control Hearings Bd. 2004)

Kim v. Desert Document Services

Lead counsel representing loan-document software provider in Washington state putative class action alleging that sale of the forms constituted the unauthorized practice of law. After filing the opposition to class certification, plaintiffs settled for less than $2,500. (King Cnty. (Wash.) Super. Ct. 2004)

Additional Qualifications

  • Associate, Milberg, Weiss, Bershad, Hynes & Lerach, San Diego, Calif.
  • Judicial Intern, Hon. Barbara B. Crabb (W.D. Wisc.), Madison, Wis.

Professional & Community Activities

  • Co-chair, Davis Wright Tremaine's Class Action Defense Group
  • Member, Davis Wright Tremaine’s Executive Committee
  • Board Member of The William L. Dwyer American Inn of Court
  • 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

Professional Recognition

  • Selected to "Washington Super Lawyers," Thomson Reuters, 2014
  • Selected to "Washington Rising Stars," Thomson Reuters, 2007-2008, 2010-2012 
  • Named as one of the "Best Lawyers in America" in Commercial Litigation by Best Lawyers, 2013
  • Elected to American Law Institute