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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
F206.757.8016
T206.757.8016
F206.757.8016
Fred Burnside concentrates his practice in complex civil litigation, with particular emphasis on class-action defense, consumer financial services litigation, and hydroelectric relicensing litigation. 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, Microsoft Corp., Providence Hospital Systems, Scholastic Inc., Shell Oil, Skype Inc., Starbucks, T-Mobile USA, The University of California, Verizon Wireless, and others.

Fred has served as deputy practice group chair, Hiring Committee member, Executive Committee member, and is currently a member of the firm’s Share Committee. He is also co-chair of the ABA’s Annual National Institute on Class Actions, former co-chair of the 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

Class Action Litigation

Baker v. Microsoft Corp.

Represented Microsoft in the United States Supreme Court, stemming from a putative nationwide products liability class action alleging defects in the Xbox 360 console. District court granted Microsoft’s motion to strike class allegations, and the 9th Circuit denied review. After plaintiffs dismissed voluntarily to facilitate an appeal from the dismissal, the 9th Circuit took jurisdiction and reversed the order striking class allegations. The U.S. Supreme Court reversed, accepting Microsoft’s position and holding the 9th Circuit lacked jurisdiction over the appeal. 137 S.Ct. 1702 (U.S. 2017)

Cayne et al. v. Washington Trust Bank

Prevailed after a two-week jury trial in a breach of contract class action seeking a purported $175 million in damages and fees. (D. Idaho 2016).

Casault v. Freddie Mac et al.

Served 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. Obtained motion to dismiss, and affirmance on appeal to the 9th Circuit. 658 Fed. Appx. 872 (9th Cir. 2016)

Copeland v. Albion Laboratories, Inc.

Defended manufacturer against claims of fraud, unjust enrichment, and alleged violations of the Utah Consumer Sales Practices Act relating to the disclosures and bioavailability of products. Court granted Albion’s motion to dismiss finding the Utah Consumer Sales Practices Act did not apply to the conduct at issue, there was no unjust enrichment, and fraud was not pleaded with particularity. 2015 WL 7292595 (W.D. Wash. 2015)

Mendoza v. Microsoft Corp.

Represented Microsoft in connection with Xbox Live against claims under the Video Privacy Protection Act, California Customer Records Act, California Unfair Competition Law, and Texas Deceptive Trade Practices Act. Successfully argued dismissal for lack of Article III standing. 2014 WL 4540213 (W.D. Wash. 2014)

Cousineau v. Microsoft

Represented Microsoft in putative nationwide class action litigation alleging violation of Electronic Communications Privacy Act and other statutes arising from collection of location information through Windows Phone mobile operating system. Won dismissal of most claims on motion to dismiss. After discovery, won summary judgment on remaining claim. 6 F.Supp.3d 1167 (W.D. Wash. 2014)

Walsh v. Microsoft

Defended online entertainment and gaming services provider in consumer class action alleging automatic renewal billing. Obtained motion to compel arbitration of one named plaintiff’s claims. 2014 WL 4168479 (W.D. Wash. 2014). Plaintiffs voluntarily dismissed with prejudice. (2015)

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. (2012)

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)

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)

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)

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)

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)

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)

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 contracts and violated consumer protection statutes by passing through federal fees that subsidize phone service for rural and other underserved areas. Federal courts in Seattle and San Francisco dismissed each 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 the 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)

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)

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)

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. (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).

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)

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)

Consumer Financial Services Litigation, Federal Appellate Decisions

Marts v. U.S. Bank National Association

Obtained summary judgment on consumer protection act claims against lender and MERS, successfully arguing that nothing defendants did caused injury or was deceptive, 166 F.Supp.3d 1204 (2016), and obtained affirmance on appeal with the 9th Circuit holding that plaintiff’s lacked causation and their claims were time barred.  --- Fed. App’x ---, 2018 WL 1249i73 (9th Cir. 2018)

Won v. Fannie Mae

Successfully argued appeal affirming dismissal of quiet title, negligence, and identity theft claims based on allegedly forged mortgage and note. The 9th Circuit held that these claims were time barred.  --- Fed. App’x ---, 2018 WL1311799 (9th Cir. 2018)

Brophy v. JPMorgan Chase Bank, N.A.

Obtained dismissal and sanctions in defending against untimely TILA rescission claim, which was affirmed by the 9th Circuit Court of Appeals. 700 Fed. Appx. 732 (9th Cir. 2017)

Robertson v. GMAC Mortgage LLC

Successfully argued that property owner who acquired property with existing lien lacked standing to challenge foreclosure of that lien, requiring dismissal of consumer protect act, declaratory judgment, and quiet title claims. 702 Fed.Appx. 595 (2017)

Zalac v. CTX Mortg. Corp.

Successfully defeated consumer protection act and deed of trust act claims alleging wrongful foreclosure efforts, which was affirmed on appeal. 628 Fed Appx. 522 (9th Cir. 2016)

Ramsum v. Frenzel, et al.

Defended lender’s interest in secured lien from claim by former spouse by successfully arguing that recorded divorce decree failed to specify property at issue so as to put creditors on notice of claim. Trial court decision affirmed by the 9th Circuit Court of Appeals. 606 Fed. Appx. 376 (2015)

Bavand v. OneWest Bank, FSB

Successfully defended against wrongful foreclosure claims based on allegedly improper MERS assignment, with the 9th Circuit affirming and holding that MERS has a valid interest to assign, and that the note holder was the beneficiary with the right to foreclose. 587 Fed. Appx. 392 (2014)

In re Griffin

Successfully argued to the 9th Circuit Court of Appeals that a creditor seeking stay relief establishes standing to do so via a declaration and a copy of the underlying promissory note, and that the creditor need not submit the original promissory note. 719 F.3d 1126 (9th Cir. 2013)

Mickelson v. Chase Home Finance LLC

Successfully obtained dismissal of state law consumer protection act and wrongful foreclosure claims based on purported lack of sufficient proof of status as holder of the underlying promissory note. The 0th Circuit Court of Appeals affirmed. 579 Fed. Appx. 598 (2014)

Brodie v. Northwest Trustee Services, Inc.

Successfully argued that borrower lacks standing to challenge assignment of deed of trust to which she is not a party, and that a note holder may take actions through an agent without violating the Washington Deed of Trust Act. Trial court decision affirmed by the 9th Circuit. 579 Fed. Appx. 592 (2014)

Myers v. MERS, et. al.

Successfully argued appeal of dismissal of state law claims for wrongful foreclosure and, in a case of first impression, obtained a holding distinguishing decisions from Washington’s intermediate appellate courts. 540 Fed. Appx. 572 (9th Cir. 2013)

McIndoe v. JPMorgan Chase Bank, N.A.

Successfully argued appeal of dismissal of quiet title claims where borrowers conceded they had not paid off underlying debt secured by the property. 542 Fed. Appx. 606 (9th Cir. 2013)

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 decision was affirmed by the 9th Circuit Court of Appeals. 2011 WL 830727 (W.D. Wash. 2011) aff’d 473 Fed. App’x 746 (2012)

Consumer Financial Services Litigation, State Supreme Court Appellate Decisions

OneWest Bank, FSB v. Erickson

Successfully reversed appellate court decision barring creditor from foreclosing on reverse mortgage by arguing that prior judgment from Idaho was entitled to full faith and credit. 185 Wash.2d 43 (2016)

Frias v. Asset Foreclosure Services

Successfully represented financial services company in Washington Supreme Court against allegations of violations of the Washington Deeds of Trust Act and the Washington Consumer Protection Act in connection with issues related to foreclosure procedures and specifically foreclosure sales. (Wash. 2014)

Niday v. GMAC Mortg., LLC and Brandrup v. ReconTrust Co., N.A.

Successfully represented defendant in connection with mortgage-related questions of first impression in Oregon Supreme Court companion cases. 353 Or. 648, 302 P.3d 444 (Or. 2013); 353 Or. 668, 303 P.3d 301 (Or. 2013)

Walker v. Flagstar Bank, FSB.

Successfully argued that nonjudicia foreclosure is not subject to Alaska Unfair Trade Practices Act claim, which was affirmed by the Alaska Supreme Court.  2014 WL 7005588 (2014)

Consumer Financial Services Litigation, State Court of Appeals Decisions

Hall v. JPMorgan Chase Bank

Obtained summary judgment in case alleging claims under Foreclosure Fairness Act and Washington Consumer Protection Act based on lender’s refusal to allow a former spouse to modify his ex-wife’s loan without her consent. Affirmed on appeal, with the Supreme Court denying review. 196 Wash. App. 1036 (2017) rev. den. 188 Wash.2d 1005 (2017)

Hurney v. HSBC Bank, USA, N.A. for Merrill Lynch Alternative Note Asset Trust, Series 2007-0AR2

Prevailed on summary judgment representing lender and MERS against claims that foreclosure efforts were wrongful and violated Consumer Protect Act. The Washington Court of Appeals affirmed, holding that note owner and holder need not be the same, that MERS has an interest to assign, and that loan servicer could foreclose based on power of attorney from the note holder. 199 Wash. App. 1016 (2017)

Barton v. JPMorgan Chase Bank, N.A.

Successfully defended lender against serial litigant by arguing prior dismissals were res judicata, which was affirmed on appeal. 196 Wash. App. 1007 (2016)

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

Defended lender against quiet title and declaratory judgment claims disputing negotiable instrument status, beneficiary status, and right to foreclose. Court of Appeals affirmed and Supreme Court denied review. 197 Wash. App. 318 (2016), rev. den. 188 Wash.2d 1012 (2017)

Barkley v. GreenPoint Mortg. Funding, Inc.

Defended lender against wrongful foreclosure and criminal profiteering claims, and was affirmed on appeal, with Supreme Court review denied. 190 Wash. App. 58 (2015), rev. den., 184 Wash.2d 1036 (2016)

Performance Construction, LLC v. Glenn

Defended former creditor against claims seeking declaratory relief, specific performance, damages, and quieting of title, obtaining summary judgment. On appeal, Court of Appeals affirmed in a published opinion, holding that assignment of redemption rights was ineffective if not done by deed, and foreclosed property was not subject to homestead exemption. 195 Wash. App. 406, 380 P.3d 618 (2016)

Renata v. Flagstar Bank, F.S.B.

Defended lender and MERS against wrongful foreclosure, consumer protection, quiet title, and declaratory judgment claims. Washington Court of Appeals affirmed holding that MERS’s beneficiary designation did not affect the validity of the deed of trust and that allegedly forged indorsement was irrelevant to right to foreclose because original creditor ratified indorsement to lender. The Supreme Court denied further review. 189 Wash. App. 1004 (2015), rev. den., 185 Wash.2d 1003 (2016)

Bavand v. OneWest Bank, FSB

Successfully defended against wrongful foreclosure claims based on allegedly improper MERS assignment, with the 9th Circuit affirming and holding that MERS has a valid interest to assign, and that the note holder was the beneficiary with the right to foreclose. 587 Fed. Appx. 392 (2014)

Jackson v. Quality Loan Service Corp.

Prevailed on a motion to dismiss in defending lender, investor, and MERS against claims that nonjudicial foreclosure was unconstitutional and that foreclosure efforts were otherwise wrongful. Court of Appeals affirmed, holding that note holder had the right to foreclose and that MERS had a valid interest to assign, and the Supreme Court denied review. 186 Wash. App. 838 (2015), rev. den., 184 Wash.2d 1011 (2015)

Selkowitz v. Litton Loan Servicing LP

Retained upon remand from Washington Supreme Court, successfully obtained summary judgment by arguing that allegedly unfair or deceptive acts by MERS did not cause any injury, which was affirmed on appeal, with reconsideration denied, and Supreme Court review denied. 191 Wash. App. 1025 (2015) rev. den. 185 Wash.2d 1037 (2016)

JPMorgan Chase Bank, N.A. v. Stehrenberger

Prevailed on summary judgment that lender had the right to enforce promissory note issued by failed bank by virtue of acquisition of assets from the FDIC, which was affirmed on appeal citing UCC principles as well as FIRREA, and which the Supreme Court denied further review. 180 Wash. App. 1047, 83 UCC Rep.Serv.2d 508 (2014), rev. den. 181 Wash.2d 1017 (2014)

Kuntz v. JPMorgan Chase Bank, N.A.

Obtained summary judgment in a case of first impression, with the court holding that a junior lienholder is entitled to surplus foreclosure proceeds, even where creditor was also the foreclosing party, which was affirmed on appeal. 175 Wash. App. 1027 (2013)

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

Consumer Financial Services Litigation, Federal Trial Court Decisions

Edwards v. JPMorgan Chase Bank, N.A.

Defended lender against claims based on conduct by predecessor in interest, obtaining dismissal based on res judicata as to prior litigation over the same claims. 2017 WL 6389187 (W.D. Wash. 2017)

Horner v. JPMorgan Chase Bank

Obtained dismissal of claims for fraud, breach of fiduciary duty, slander of title, intentional infliction of emotional distress, wrongful foreclosure, and quiet title. 2016 WL 3574551 (D. Or. 2016)

Barker v. JPMorgan Chase Bank

Obtained 9th Circuit affirmance of trial court dismissal of various mortgage and foreclosure-related claims under Oregon and federal law, including the Fair Debt Collection Practices Act, Truth in Lending Act, and Real Estate Settlement Procedures Act. --- Fed.Appx. ---- 2018 WL 3912011 (2018)

Knecht v. Fidelity Nat. Title Ins. Co.

Defended MERS in bench trial alleging Consumer Protection Act violations. Obtained defense verdict with the court holding that the execution and recording of a MERS assignment did not injure the plaintiff. 2015 WL 3618358 (W.D. Wash. 2015)

In re Butler

Defended MERS in wrongful foreclosure claims in bankruptcy court, with dismissal of claims affirmed in federal district court. 550 B.R. 860 (W.D. Wash. 2015)

Roisland v. Flagstar Bank, FSB

Obtained dismissal on motion to dismiss (most claims with prejudice) of plaintiff’s claims challenging non-judicial foreclosure as wrongful. 989 F.Supp.2d 1095 (D. Or. 2013)

Nicdao v. Chase Home Finance

Defended lender against claims of wrongful foreclosure under various theories of first impression in Alaska. The trial court granted defendant’s motion for judgment on the pleadings in a published opinion. 839 F.Supp.2d 1051 (Alaska 2012) 

Higley v. Flagstar Bank, FSB

Obtained dismissal of plaintiff’s claims for declaratory and injunctive relief challenging non-judicial foreclosure as wrongful. 910 F.Supp.2d 1249 (D. Or. 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)

Corales v. Flagstar Bank

Defended lender and MERS against claims of wrongful foreclosure based on securitization theory, Fannie Mae’s investor status, and alleged defects in MERS assignment. Obtained summary judgment in a published opinion holding that Fannie Mae’s status as note owner was irrelevant to the right to foreclose and that MERS’s role as nominee beneficiary did not state a claim. 822 F.Supp.2d 1102 (W.D. Wash. 2011)

Davis v. Flagstar Bank, FSB

Obtained dismissal on a motion to dismiss action for quiet title declaratory relief in response to a foreclosure action in case involving novel issues relating to interplay of action on one promissory note and foreclosure of another. 2011 WL 3471509 (D. Or. 2011)

Fidel v. Deutsche Bank Nat. Trust Co.

Obtained dismissal of TILA, RESPA, quiet title, and wrongful foreclosure, with the trial court expressly rejecting the validity of a purported “forensic securitization audit.” 2011 WL 2436134 (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)

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)

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)

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 preemption. 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)

Land Use Litigation

Carrington et al. v. City of Tacoma

Represented operator of a FERC-licensed hydroelectric project in action brought by dozens of landowners alleging state-law claims for property damage. Obtained dismissal of all claims with prejudice based on Federal Power Act Preemption. --- F.Supp.3d ---- 2017 WL 1426211 (W.D. Wash. 2017)

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)

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)

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 Share Committee
  • Board Member of The William L. Dwyer American Inn of Court
  • Co-chair National Institute on Class Actions, 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

  • Named one of "America's Leading Lawyers for Business" in Litigation: General Commercial (Washington) by Chambers USA, 2017-2018
  • Selected to "Washington Super Lawyers," Thomson Reuters, 2014-2018
  • 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
Described by peers as "a very sharp and tenacious guy" and as "an excellent lawyer, very bright and hard-working."  -Chambers USA 2017
DWT Named to the "Appellate Hot List" by the National Law Journal - Read the Release
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