Appellate Law Attorneys in Washington, Oregon and Alaska

Ormco Corp. v. World Class Technology Corp (Appeal)

Case No. Appeal Nos. 2013-1679 and 2014-1692

Represented World Class Technologies in this patent infringement matter involving orthodontic braces.

In re L&L Energy, Inc. Securities Litigation

Case No. 13-cv-6704-RAU.S. District Court, Southern District of New York

Represented L&L Energy and various current and former directors and officers in two sets of securities class actions in federal court in Washington and New York, five shareholder derivative actions in federal and state court in Washington and Nevada, and potential opt-out litigation.

Washington Health Care Association v. Arnold-Williams, et al.

601 F. Supp. 2d 1224 U.S. District Court, Western District of Washington

Order invalidating legislation requiring assisted living providers to retain Medicaid residents after termination of their Medicaid contracts in violation of the Contracts Clause of the U.S. Constitution.

Grant v. First Horizon

Lead attorney for briefing and oral argument in successful defense of appealed summary judgment order dismissing wrongful foreclosure claim — the case involved complex appellate procedure questions as well as more typical wrongful foreclosure issues).

First Interstate Bank v. WestCap, et al.

Case No. 74 Wn. App. 900Washington Court of Appeals

Represented lender in $5.3M foreclosure case; summary judgments affirmed on appeal.

Blanton v. Texaco

Case No. 914 F. 2d 188U.S. Court of Appeals, Ninth Circuit

Represented putative franchisor in franchise dispute under Washington Franchise Investment Protection Act; summary judgment affirmed on appeal.

Paper Manufacturer v. Ellis et al.

Case No. 85-2-09627-4King County Superior Court

Represented paper manufacturer in dissenting minority shareholder valuation; co-counsel in four-week bench trial; victory for client.

Um v. Spokane Rock I, LLC

904 F.3d 815 (9th Cir. 2018)

Represented creditor on appeal of bankruptcy court ruling that individuals ineligible for a discharge in Chapter 7 cannot obtain a discharge in Chapter 11 by being employed in an unrelated business after plan confirmation.

Lyft, Inc. v. City of Seattle

418 P.2d 102 (Wash. 2018)

Represented transportation network company Uber on appeal to Washington Supreme Court of decision upholding order enjoining City of Seattle from disclosing trade secrets in response to public records request.

Bassett v. ABM Parking Services, Inc.

883 F.3d 776 (9th Cir. 2018)

Represented ABM on appeal of district court’s conclusion that plaintiff lacked standing under Spokeo to bring claim for alleged violation of Fair and Accurate Credit Transactions Act (FACTA).

Washington Federal v. Azure Chelan LLC

382 P.3d 20 (Wash. Ct. App. 2016)

Represented Washington Federal on appeal of trial court ruling quieting title in favor of junior lienholder based on senior lienholder’s failure to foreclose interest in property within statute of limitations period.

New Cingular Wireless PCS, LLC v. City of Clyde Hill

374 P.3d 151 (Wash. 2015)

Represented New Cingular on appeal to Washington Supreme Court of trial court’s erroneous dismissal of New Cingular’s declaratory judgment action challenging the validity of municipal fine.

Pacific Boring, Inc. v. Staheli Trenchless Consultants, Inc.

708 Fed. App’x 324 (9th Cir. 2017)

Represented engineering firm on appeal of district court dismissal of professional negligence claims because Washington’s independent duty doctrine barred recovery for contractor’s economic losses.

Washington Federal v. Harvey

340 P.3d 846 (Wash. 2015)

Represented Washington Federal on appeal to Washington Supreme Court of trial court’s erroneous conclusion that Washington’s Deeds of Trust Act prohibited deficiency action against guarantors following nonjudicial foreclosure sale.

Carole Coppinger-Martin v. Hilda Solis, et al.

627 F.3d 745 (9th Cir. 2010)

Represented Nordstrom on appeal of final order of the Department of Labor’s Administrative Review Board dismissing Sarbanes-Oxley Act whistleblower claim on statute of limitations grounds.

City of Puyallup v. Hogan, et al.

277 P.3d 49 (Wash. Ct. App. 2012)

Represented Borders on appeal of trial court’s finding that Borders was entitled apportionment of landlord’s just compensation award in condemnation action based on diminished access to shopping center.

Koss v. Norwood

305 F. Supp. 3d 897 U.S. District Court, Northern District of Illinois

Lead class counsel for a class of impoverished individuals in the State of Illinois meeting long delays in the processing of their applications for long term care Medicaid benefits.

Carr v. United Healthcare Services Inc.

2:15-cv-01105U.S. District Court, Western District of Washington

Defended United HealthCare Services, Inc. (UHC) in a large complex class action lawsuit concerning all of UHC’s self-funded plans nationwide.

Nail v. Consol. Res. Health Care Fund I

Case No. 229 P.3d 885

Reversed order denying arbitration in claim against nursing facility.

Brandrup v. ReconTrust Co., N.A.

353 Or. 668, 303 P.3d 301 (2013)

Addressing eligibility of MERS to serve as trust deed beneficiary.

Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund

U.S. Supreme CourtDistrict of Columbia

Principal author of amicus brief in the U.S. Supreme Court on behalf of the Washington Legal Foundation, helping to establish the standard for when a statement of opinion will be considered false under the federal securities laws.

A.D. v. T-Mobile USA, Inc. and United Healthcare Services, Inc.

Case No. 2:15-cv-00180U.S. District Court, Western District of Washington

Represent T-Mobile and United Healthcare in a putative class action alleging that the Employee Benefit Plan provided and administrated by our clients unlawfully excluded an intensive behavioral intervention treatment called Applied Behavior Analysis (ABA) from among the many treatment options covered by the Plan for autism spectrum disorder.

Lendingtree, LLC v. Washington Department of Revenue

460 P.3d 640 (Wash. Ct. App. 2020)

Represented taxpayer on appeal to obtain refund of business & occupation tax improperly assessed on taxpayer’s online loan marketplace by Department of Revenue.

City of Seattle v. KMS Financial Services, Inc.

459 P.3d 359 (Wash. Ct. App. 2020)

Represented taxpayer on appeal to obtain refund of business & occupation tax unconstitutionally apportioned by the City of Seattle on taxpayer’s out-of-state and out-of-city activities.

Kunath v. City of Seattle

444 P.3d 1235 (Wash. Ct. App. 2019)

Represented taxpayer citizens on appeal in successful action to enjoin enforcement of city ordinance that imposed a graduated income tax on high-income residents of the City of Seattle.

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