Education and Experience

Princeton University (A.B., magna cum laude, 1982); Fulbright Scholar, Quito, Ecuador (1982-1983); Stanford Law School (J.D., with distinction, 1986); Law Clerk to the Honorable Jerome Farris, U.S. Court of Appeals for the Ninth Circuit, 1986-1987; Heller Ehrman White & McAuliffe, 1987-2004; fluent in Spanish

Admissions

Washington; Western and Eastern Districts of Washington; Ninth Circuit Court of Appeals; U.S. Supreme Court

Memberships and Awards

American Bar Association; Washington State Bar Association; King County Bar Association; Washington State Bar Association Pro Bono Award, 2002; King County Bar Association Pro Bono Award, 1994; Heller Ehrman's Guggenhime Pro Bono Award, 1992; Chair, Steering Committee, Laurel Rubin Farm Worker Justice Project (2003-present); Legal Aid for Washington Fund (LAW Fund) representative (2006-present).

Representative Engagements:

Consumer Class Actions and Products Liability

Blaylock v. First American Title Insurance Co. et al (2006-date) (representing Washington consumers in putative class action against Washington’s title insurance companies alleging that the title insurers have acted unfairly or deceptively by systematically providing illegal inducements to real estate middlemen to steer customers to them, in violation of Washington and federal law, as previously determined by the Washington Insurance Commissioner; the lawsuit asks the court to certify classes composed of all Washington consumers of each of the defendant title insurers; the federal court denied defendants’ motions to dismiss plaintiffs’ claims on August 8, 2007 in a published decision, Blaylock, ___ F. Supp. 2d ___, 2007 WL 2318143 (W.D. Wash. 2007).

Pierce v. NovaStar Mortgage, Inc. (2005-2007) (represented Washington borrowers who obtained subprime mortgages from NovaStar in a certified class action challenging the lender’s practice of paying hidden premiums to brokers that increased the interest rate on the borrower’s loan.  The court made groundbreaking rulings certifying the class action and establishing that NovaStar’s failure to disclose its premium payments to brokers was unfair or deceptive under Washington law – see, e.g., Pierce, 489 F. Supp. 2d 1206 (W.D. Wash. 2007), Pierce, 238 F.R.D. 624 (W.D. Wash. 2006), and Pierce, 422 F. Supp. 2d 1230 (W.D. Wash. 2006).  Days before trial, plaintiffs obtained a class-wide settlement in which NovaStar agreed to pay $5.1 million to resolve the claims of approximately 1,600 Washington borrowers.

Gibson v. Virginia Mason Medical Center (2005-2007) (represented patients of Virginia Mason Medical Center in a class action challenging Virginia Mason’s failure to disclose its practice of charging hospital fees for services at its non-hospital clinics and the large disparities in charges for the same services between its downtown and neighborhood medical clinics; obtained a judgment ordering Virginia Mason to pay full refunds to patients for the undisclosed hospital charges and requiring full and fair disclosure of its hospital charges)

Rothmeyer v. University of Washington Medical Center (2006) (represented University of Washington Medical Center patients in a class action challenging its practice of charging hospital fees for services at non-hospital clinics; obtained a class-wide settlement including a 25% price reduction in the price of facility fees for outpatient procedures, creation of a fee estimating system to inform patients of charges in advance, and a program requiring specific disclosures to patients that hospital fees may be charged at non-hospital clinics) 

Turner v. Legacy Health System (2005-2007), 2006 WL 657176 (Or. Cir. 2006)  (represented uninsured patients of Legacy Hospital System in Oregon in a class action challenging the hospital system’s charity care and billing practices; obtained a class-wide settlement resulting in substantial refunds for past charges and reductions in future charges ranging from a minimum reduction of 25% for all uninsured patients up to a 100% reduction in charges depending on each patient’s ability to pay)

Block et al. v. Providence Health System (2005) (representing class of uninsured patients of Providence Hospitals in Oregon in class action litigation challenging hospitals’ charity care and billing practices; achieved first class action settlement of its kind in the country)

Behr Wood Coating Products Class Litigation (2000-2003) (represented Behr Process Corporation and its parent company, Masco Corporation, in nationwide products liability class actions involving wood coating products; successfully resolved by nationwide settlement)

American Cemwood/MacMillan Bloedel Roofing Products Class Litigation (1998-2001) (represented MacMillan Bloedel Limited in nationwide products liability class actions involving roofing products; successfully resolved by nationwide settlement)

Commercial Litigation

Metro One Telecommunications, Inc. v. Nextel Partners, Inc. (2006-2007) (defended Nextel Partners in a contract dispute with its nationwide directory assistance service provider regarding the termination of their contractual relationship; successfully resolved by settlement)

 Home Depot U.S.A., Inc. / adv. Sharpe (2005-2007) (represented Home Depot in a contract dispute with a homeowner and flooring installation contractor regarding flooring products and installation services provided by contractor; successfully resolved by settlement)

Home Depot U.S.A., Inc. / adv. AAA Electric, Inc. (2005) (represented home improvement retailer in contract dispute with electrical contractor; successfully resolved by settlement)

Private arbitration defending wireless telecommunications services company in contract dispute with former independent dealer (2005) (obtained full defense verdict after three-day arbitration)

Private arbitration representing national professional sports organization involving interpretation and enforcement of license agreement (2003-2004) (successfully resolved by settlement)

Private arbitration representing international luxury hotel company involving rights under management agreement for landmark downtown Seattle hotel (2002-2003) (successfully resolved by settlement after four-week arbitration hearing)

Intellectual Property and Other Property Rights

Richard Bach and Russell Munson v. Forever Living Products (2005-2007), 473 F. Supp. 2d 1110 (W.D. Wash. 2007) and 473 F. Supp. 2d 1127 (W.D. Wash. 2007) (represented author Richard Bach and photographer Russell Munson in copyright and trademark litigation against manufacturer and distributor of health and beauty products; successfully resolved by settlement)

Private mediation and arbitration representing best-selling author in litigation involving intellectual property and other property rights (1998-2000) (successfully resolved through arbitration)

Carver v. Gallagher (Clallam County Superior Court) (1995-1997) (represented daughter of the late author Raymond Carver in litigation involving copyright renewal rights to her father's pre-1978 works; successfully resolved by settlement)

Progressive Animal Welfare Society v. University of Washington, 125 Wn.2d 243 (1994) (represented Johns Hopkins University as amicus curiae in case involving proper balance between biomedical researcher's intellectual property rights and rights to public disclosure under state public disclosure laws)

Eggleston v. Pierce County, 148 Wn.2d 760 (2003) (represented ACLU as amicus curiae in appeal involving takings claim against Pierce County under eminent domain provision of Washington Constitution)

Patterson v. Burlington Northern Railroad Co. and King County, 96 Wn. App. 1054 (1999) (represented King County in trial court and on appeal in dispute involving adjacent landowner's adverse possession claim to railroad right of way along Lake Sammamish; won summary judgment in trial court which was affirmed on appeal)

Insurance Coverage

Home Depot U.S.A., Inc. / adv. Western National Assurance Co. (2006-2007) (represented Home Depot in insurance coverage dispute with comprehensive general liability insurer; successfully resolved by settlement obtaining full defense and indemnity coverage)

Overton v. Consolidated Insurance Co., 145 Wn.2d 417 (2002) (represented former owner of electrical transformer repair facility in insurance coverage appeal argued to Washington Supreme Court)

J.H. Baxter & Co. Insurance Coverage Litigation, 105 Wn. App. 657  (2001) (represented wood-treating company in insurance coverage litigation to recover environmental clean-up costs related to wood-treating facilities in Washington, Oregon and California; successfully resolved by settlement)

Employment Litigation

Nextel Partners, Inc. v. John Doe (2005) (represented employer in action to enforce compliance with confidentiality agreement; successfully resolved through settlement)

Kraft Foods Global, Inc. / adv. Turner (2005) (represented employer in employment discrimination litigation; successfully resolved by settlement)

Tague v. Corporate Express, Inc. (2004) (represented former employee of office supply company asserting claims for unpaid wages; successfully resolved by settlement)

Represented office supply company and computer company in multiple matters involving enforceability of non-competition and confidentiality agreements (2004-2007) (matters successfully resolved without litigation)

Represented former manager of private golf club asserting claims for wrongful discharge and age and gender discrimination (2004) (successfully resolved in a private settlement)

Civil Rights and Pro Bono
Represented Guatemalan forestry workers and their families in claims against Washington Department of Labor & Industries arising from March 2004 van accident in which five workers died and five were injured.

Rios v. Washington Department of Labor & Industries, 145 Wn.2d 483 (2002) (represented Washington farm workers in class action under state Administrative Procedure Act; won landmark decision from Washington Supreme Court requiring agency rulemaking for medical monitoring to protect farm pesticide handlers)

Lainez-Ortiz v. Immigration and Naturalization Service, 96 F.3d 393 (9th Cir. 1996) (represented Honduran citizen seeking political asylum in United States)

Farm Worker Safety Regulations (represented Washington farm workers challenging their categorical exemption from basic worker safety standards protecting all other Washington workers; successfully resolved by State's agreement to adopt regulations extending the same safety standards to farm workers) (1994)

Chavez-Vernaza v. United States, 988 F.2d 118 (9th Cir. 1993) (represented Peruvian defendant on appeal in habeas petition challenging prosecutor's use of peremptory challenges to remove all Black jurors from a criminal jury)

State of Oregon v. $3,800 in U.S. Currency, Deschutes County, Oregon (1993) (asserted civil rights claims on behalf of Mexican immigrant in civil forfeiture action involving $3,800 confiscated by Oregon State Police in traffic stop; successfully resolved by settlement, with the seized money returned with interest)

Appeals
Sales v. Weyerhaeuser Co., 138 Wn. App. 222 (2007); Eggleston v. Pierce County, 148 Wn.2d 760 (2003); Overton v. Consolidated Insurance Co., 145 Wn.2d 417 (2002); Rios v. Washington Department of Labor & Industries, 145 Wn.2d 483 (2002); J.H. Baxter & Co. v. Central National Insurance Co. of Omaha, 105 Wn. App. 657 (2001); Patterson v. Burlington Northern Railroad Co. and King County, 96 Wn. App. 1054 (1999); Lainez-Ortiz v. Immigration and Naturalization Service, 96 F.3d 393 (9th Cir. 1996); Progressive Animal Welfare Society v. University of Washington, 125 Wn.2d 243 (1994); Cairncross v. William A. Bain Assoc., No. 26723-0-I (Wash. App. 1994); Chavez-Vernaza v. United States, 988 F.2d 118 (9th Cir. 1993); Cordero v. United States, No. 90-30094 (9th Cir. 1991); Mejia v. United States, No. 89-30215 (9th Cir. 1990).