Representative Experience
Arthur et al. v. Sallie Mae, Inc.
Represent education finance company in putative nationwide class action alleging company contacted debtors on their cell phones in violation of the Telephone Consumer Protection Act. (Ongoing)
Greenwood et al. v. Jaguar Land Rover North America LLC
Defense of an automobile importer and distributor in a putative class action asserting claims for violations of the Washington Consumer Protection Act based on alleged defect in tire alignment in certain vehicles. (Ongoing)
Hartman v. United Bank Card
Represent financial services and payment processing company in class action alleging company and its contractors left prerecorded messages in violation of the Washington Commercial Telephone Solicitation Act, the Washington Consumer Protection Act, and other claims. (Ongoing)
Kwan et al. v. Clearwire Corporation, Clearwire Communications LLC, Clearwire US, LLC, & Bureau of Recovery LLC
Represent wireless communications company in putative class action alleging the company and its contractors left prerecorded messages on cell phones in violation of the Telephone Consumer Protection Act, the Fair Debt Collections Practices Act, the Washington Consumer Protection Act, the Washington Commercial Telephone Solicitation Act, and other claims. (Ongoing)
Matsyuk v. State Farm Fire & Casualty Company
Represent State Farm Fire in putative class action asserting consumer protection and other claims regarding State Farm's supposed breach of a duty to pay a share of its insureds' attorneys' fees. Obtained dismissal with prejudice without leave to amend for failure to state a claim. Affirmed on appeal. (Ongoing)
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Minnick et al. v Clearwire US, LLC
Representing wireless communications company in putative nationwide class action challenging early termination fees as unlawful and asserting deceptive advertising claims. Motion to dismiss granted. Currently on appeal to the 9th Circuit, with pending certified question before the Washington State Supreme Court. 636 F.3d 534 (9th Cir. 2011) (Ongoing)
Nationwide Telephone Consumer Protection Act putative class action for leading health product supplier
Represent health product supplier in putative nationwide class action alleging company's advertising violated the Telephone Consumer Protection Act. (Ongoing)
Lupei v. Clear Wireless, LLC & Manhattan Computer Products, Inc.
Represented wireless communications company in putative nationwide class action alleging company and its retailer sent unsolicited faxed advertisements in violation of the Telephone Consumer Protection Act and Nevada consumer protection law. Obtained dismissal with prejudice. (2011)
BNS Limited v. Redondo Family Chiropractic, Inc.
Represented chiropractic clinic in putative class action alleging clinic sent unsolicited fax advertisements in violation of the Telephone Consumer Protection Act, the Washington Commercial Telephone Solicitation Act, and the Washington Consumer Protection Act. Case settled on favorable terms. (2010)
Kramer v. Autobytel & B2Mobile LLC
Represented web-based automobile retailer in class-action litigation claiming retailer's contractor violated Telephone Consumer Protection Act by sending text message ads. Claims against Autobytel settled on favorable terms. (2010)
O'Connor v. JobFox Inc.
Represented JobFox in putative nationwide class action alleging the company transmitted unsolicited faxed advertisements in violation of the Telephone Consumer Protection Act, the Washington Unsolicited Fax Law and the Washington Consumer Protection Act. Case settled on favorable terms. (2009)
Lozano v. AT&T Wireless et al.
Represented AT&T Mobility in California class action regarding roaming charges and a putative nationwide class case alleging 'cramming.' Obtained orders dismissing two claims on summary judgment and denying class certification on all but two claims, with the two certified claims limited to California subscribers only. 504 F.3d 718, 728 (9th Cir. 2007, C.D. Cal. 2008)
McCarthy Products Co. v. Four Seasons Hotels Limited*
Represented Four Seasons in putative nationwide class action alleging company sent unsolicited fax advertisements in violation of the Telephone Consumer Protection Act. Case settled on favorable terms. (2008)
Luna et al. v. Household Finance Corporation et al.*
Represented HFC against predatory lending claims throughout Washington. Successfully moved the case from state court in plaintiffs' lawyers' home county to a more favorable forum in federal court in Seattle. Defeated plaintiffs' request to bar HFC's foreclosure activity and obtained order denying class certification in federal court. (2007)
Wakefield et al. v. The Disney Company et al.*
Defended video game publisher Square Enix Co., Ltd., in copyright infringement and unfair competition action. Obtained dismissal on the pleadings. (C.D. Cal. 2007)
Ecker-Lombard v. United Services Automobile Association*
Defended insurance carrier in a putative class action alleging underpayment of certain underinsured motorist benefits payments. Settled favorably. (2006)
Velez v. Microsoft Corporation*
Defended Microsoft in putative nationwide product liability class action regarding alleged defect in video game consoles. In light of earlier pending class action asserting similar claims, moved to dismiss under the 'first-filed' doctrine, after which plaintiffs voluntarily dismissed their complaint. (W.D. Wash. 2006)
Brantingham et al. v. Best Buy Co., Inc. et al.*
Defended Microsoft in putative nationwide class action alleging consumer protection claims regarding marketing of Internet access service. Given another pending class action involving similar issues, persuaded plaintiffs to voluntarily dismiss their complaint. (W.D. Wash. 2005)
Espinoza et al. v. Identix Incorporated*
Represented technology company in a putative nationwide products liability class action involving biometric security technology. Dismissed on summary judgment. (D. Or. 2005)
Heaphy et al. v. State Farm Mutual Automobile Insurance Company*
Defended insurance carrier in a putative class action asserting claims for conversion, bad faith, and violation of Washington's Consumer Protection Act for allegedly improper subrogation practices relating to certain property damages recoveries. Obtained summary judgment dismissal and successfully defended judgment on appeal. (2005)
Meas v. State Farm Mutual Automobile Insurance Company*
Defended insurance carrier in a putative class action asserting claims for conversion, bad faith, and violation of Washington's Consumer Protection Act for allegedly improper subrogation practices relating to certain property damages recoveries. Obtained summary judgment dismissal and successfully defended judgment on appeal. (2005)
Bakar v. State Farm Mutual Automobile Insurance Company*
Defended insurance carrier in a putative class action seeking compensatory and punitive damages for allegedly improper subrogation practices regarding certain bodily injury damages recoveries. Obtained summary judgment dismissal and order denying plaintiff's motion for class certification as moot in light of dismissal. Successfully defended on appeal. (2004)
New GlaStar LLC v. Schiffs und Industriebeteiligung GmbH et al.*
Defended foreign aircraft manufacturer in breach of contract and trademark action. Obtained dismissal on grounds of forum non conveniens. (2003)
In re Cadet Heater Litigation*
Represented a national distributor of home products in a nationwide product liability class action involving allegedly defective in-wall heaters. Case resolved favorably through settlement. Successfully defended collateral attack on the judgment. (2002)
* Denotes experience completed at a prior firm