Consumer Protection and Class Actions, Mass Tort and Products Liability

Our lawyers have extensive experience taking lead roles in some of the most high-profile mass tort, products liability, and class action cases in the Pacific Northwest and throughout the country. Our products liability experience spans from food products to building materials. We have extensive experience defending companies under state consumer protection laws as well as companies facing suits over claims of community-wide pollution. We have successfully obtained early dismissal and defeated class certification where it was inappropriately sought. We have developed creative and fair solutions for clients facing class litigation. In other cases, we have won class certification and class-wide relief for our clients.

• 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)
• Sharma v. McDonald's, et al., No. 01-2-12267-3SEA (King County Superior Court) (lead counsel for McDonald's, negotiated nationwide class action settlement of suit over beef flavoring in french fries)
• Republic of The Marshall Islands v. American Tobacco Company et al., No. 1997-261 (R.M.I. Supreme Court) (lead counsel for Philip Morris; obtained dismissal of $4 billion damages claim on summary judgment, and then affirmance of dismissal on appeal)
• 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)
• Ass'n of Washington Public Hospital Dists. v. Philip Morris Inc., 241 F.3d 696 (9th Cir. 2001), cert. denied, 534 U.S.891 (2001) (obtained affirmance of dismissal of $1 billion claim brought on behalf of 30 public health districts in State of Washington)
• Branin v. ASARCO Incorporated, 114 F.3d 986 (9th Cir. 1997) (negotiated class action settlement of 20,000 persons with claims of property damage from smelter emissions)
• Northwest Laborers v. Philip Morris Inc., 58 F. Supp. 2d 1211 (W.D. Wash. 1999) (obtained summary judgment of dismissal after class certification of approximately 65 Taft-Hartley trust funds asserting damages of $800 Million)
• 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)
• Oregon Laborers v. Philip Morris Inc., 7 F. Supp. 2d 1170 (D. Or. 1998), (obtained dismissal of class action claims by Taft Hartley trust funds in excess of $1 billion), aff'd, 185 F.3d 957 (9th Cir. 1999), cert. denied, 528 U.S. 1075 (2000)
• Ray's Boathouse Fire Litigation (1988-1990) (represented Raychem Corporation in product liability litigation involving a fire that destroyed Seattle waterfront restaurant; successfully resolved by settlement)
• Cram v. Decaro (King County Superior Court, 2004) (obtained dismissal of suit against cigarette manufacturer claiming design defect in cigarette caused house fire)
• Rios v. Washington Department of Labor & Industries, 145 Wn.2d 483 (2002) (represented class of Washington farm workers in statewide class action under Washington Administrative Procedure Act; won landmark decision from Washington Supreme Court requiring agency rulemaking for medical monitoring to protect farm pesticide handlers