Our Cases: Earlier Cases

Representative Appellate Cases
We Have Won

(Pre-2014 Cases)

See also More Recent Cases

Past success is no guarantee of future outcomes.

  • In re Parentage of Infant Child F., Washington State Court of Appeals No. 30768-9-III (Mandate Issued Dec. 27, 2013): successfully defended trial court’s determination that the Full Faith & Credit Clause protects a Utah adoption challenged in Washington. https://www.courts.wa.gov/opinions/pdf/307689.opn.pdf
  • PACCAR Inc v. Lisby, Washington State Court of Appeals No. 69008-6-I (Dec. 23, 2013): successfully obtained reversal of trial court forum-non-conveniens-dismissal condition requiring a stipulation that Washington’s statute of repose will apply in Texas. https://www.courts.wa.gov/opinions/pdf/690086.pdf
  • City of Seattle v. Jones, 179 Wn.2d 322 (2013): successfully assisted Todd Gardner and Dick Kilpatrick in defending a $12.75 million verdict in favor of a Seattle Firefighter who suffered a permanent disabling brain injury when he fell 15.5 feet down an unguarded pole hole onto a concrete floor in the middle of the night, both in the appellate court (Text of appellate decision, No. 65062-9-I, Feb. 21, 2012); and 9-0 in the Supreme Court (Text of Supreme Court decision).
  • In re Marriage of McDermott, 175 Wn. App. 467 (July 15, 2013), rev. denied (Dec. 11, 2013): successfully defended trial court decision declining jurisdiction in favor of Kansas, where Kansas-resident parents’ temporary absence in Costa Rica counted toward Kansas’ status as child’s “home state.”
  • Piel v. City of Federal Way, 177 Wn.2d 604 (2013): successfully obtained direct review of a summary judgment dismissal, reversal (6-1), and remand for trial of a tort claim for wrongful discharge in violation of public policy. https://www.courts.wa.gov/opinions/pdf/838828.pdf
  • Bale v. Allison, Washington State Court of Appeals No. 67395-5-I (2013): successfully obtained reversal of trial court ruling voiding a quit-claim deed and remand for judgment in our clients’ favor, and successfully resisted opponents’ cross-appeal on numerous other issues, obtaining fee award for resisting the cross-appeal.  https://www.courts.wa.gov/opinions/pdf/673955.pdf
  • Fiore v. PPG Indus., 169 Wn. App. 325 (2012): successfully defended summary judgment that employee was not exempt from the Wage Act, obtained affirmance of a mid-six-figures fee award, and an award of fees on appeal.
  • Hu v. State, 66334-8-I (Settled in June 2012): successfully assisted Mike McKinstry and represented Koti Hu in obtaining a nearly $20 million settlement with the State of Washington on the eve of oral argument in the Court of Appeals, in an appeal arising from an even larger jury verdict finding that the State negligently designed the I-405 onramp where Hu was rear-ended, rendering him quadriplegic.
  • In re Parentage of T.H.B., 40119-3-II (May 8, 2012): successfully obtained reversal of a decision granting primary residential parentage to wife and remand for trial on that issue.
  • Gendler v. Batiste, Washington State Supreme Court No. 85408-4 (April 12, 2012): successfully assisted Keith Kessler and represented Mickey Gendler in obtaining a strong decision under the Public Records Act.
  • In re Estate of Sowder, 40930-5-II (Jan. 24, 2012): successfully assisted Roger Sherrard in defending a probate decision rejecting various challenges to trust provisions and breach of fiduciary duty claims.
  • Spradlin Rock Prods., Inc. v. PUD No. 1 of Grays Harbor Cty., 164 Wn. App. 641 (2011): successfully obtained affirmance of a $4 million jury verdict based on an oral agreement, where the trial court on had filled-in the price term on summary judgment, based on several paid invoices.
  • Blair v. TA-Seattle East No. 176, 171 Wn.2d 342 (2011): successfully obtained unanimous decision reversing the trial and appellate courts’ dismissal of plaintiff’s case as a discovery sanction, and remand for trial.
  • Moeller v. Farmers Ins. Co. of Wa., 155 Wn. App. 133 (2010), affirmed on other grnds., 173 Wn.2d 264 (2011): appeared and successfully obtained (a) decision pending on appeal since 2005; (b) reversal of a summary judgment in a large class action; (c) decision of the legal issue in our client’s favor; (d) affirmance of the class certification, and (e) affirmance by the Supreme Court of both the class certification and a holding that the insurance contract covered post-repair diminution of value, remanding for trial. Text of decisions of Court of Appeals and Supreme Court.
  • Andrews v. Harrison Med. Cntr., 39554-1-II (Wn. App. 2010), rev. denied (2011): successfully obtained reversal of a summary judgment dismissing an action for discrimination on the basis of marital status, denial of Supreme Court review, and remand for trial.
  • Le & Assocs, P.S. v. Diaz-Luong, Washington State Court of Appeals No. 61912-8-I (2010), rev. denied (2011): Successfully defended contempt citations and sanctions against two lawyers.
  • Magaña v. Hyundai Motors, 167 Wn.2d 570 (2009): obtained reinstatement of trial court’s entry of default judgment for $8 million, as sanction for willful discovery violations.
  • Johnson v. King County (Metro Transit), No. 61047-3-I (Jan. 12, 2009): successfully obtained reversal of summary judgment based on notice of claim statute and remand for trial.
  • Carroll v. Elzey, 59891-1-I (Wn. App. 2008): successfully defended partition order dividing millions of dollars in previously undisclosed marital assets. Text of decision.
  • 3601 Group Inc. v. Alfalfas Northwest, Washington State Court of Appeals No. 59237-8-I (Feb. 11, 2008): successfully defended significant damages verdict after remand. Text of decision.
  • Mitchell v. Price, No. 35291-5-II (Wn. App. 2008): obtained reversal of summary judgment dismissing fraud claims and imposing sanctions. Text of decision.
  • Thola v. Henschell, 140 Wn. App. 70 (2007): obtained reversal of a jury verdict based on vicarious liability under the Uniform Trade Secrets Act. Text of Decision.
  • Williams v. Davies, No. 33366-0-II (Wn. App. 2007): successfully defended judgment for $333,000 for negligent infliction of emotional distress. Text of decision.
  • Lafferty v. Stevens Memorial Hospital, No. 56313-1-I (Wn. App. 2006): successfully defended $17 million jury verdict for medical negligence. Text of decision.
  • Lakemont Ridge Homeowners Ass’n v. Lakemont Ridge Ltd. P’ship, 156 Wn.2d 696 (2006): successfully overturned Court of Appeals decision and reinstated homeowners’ cause of action in a case of first impression construing the Construction Defects Claims Act. Text of decision.
  • Benskin v. City of Fife, 130 Wn. App. 1003 (2005), rev. denied (2006): successfully obtained reversal of summary judgment and remand for trial in case involving probation supervision. Text of decision.
  • In re Marriage of Bostain, 127 Wn. App. 1029 (2005): successfully defended finding of meretricious relationship and division of property. Text of decision.
  • Bunch v. King County, 155 Wn. 2d 165 (2005): obtained reinstatement of jury verdict following remittitur by Court of Appeals. Text of decision.
  • Kim v. Han, 128 Wn. App. 1033 (2005): obtained reversal of summary judgment and remand for trial of breach of commercial lease claims. Text of decision.
  • Parentage of M.S., 128 Wn. App. 408 (2005): successfully obtained reversal of order dismissing alleged father’s petition to establish parentage. Text of decision.
  • Mullen v. Physicians Insurance, No. 56021-2-I (Wn. App. 2005): obtained reversal of summary judgment dismissing claims of bad faith and Consumer Protection Act violations against malpractice insurer. Text of decision.
  • Bishop of Vict. Corp. Sole v. Finley, 121 Wn. App. 1041, rev. denied, 152 Wn.2d 1012 (2004): successfully defended summary judgment dismissing claim against real property arising out of a failed partnership. Text of decision.
  • Fallahzadeh v. Ghorbanian, 119 Wn. App. 596 (2004): obtained reversal of a several hundred-thousand dollar judgment based on an illegal contract. The court reversed and dismissed the action against our client. Text of decision.
  • Hoel v. Rose, 125 Wn. App. 14 (2004): obtained reversal of judgment of negligent misrepresentation in a real estate transaction due to absence of justifiable reliance by the purchasers. Text of decision.
  • Lesher v. Murphy, 124 Wn. App. 1018 (2004): successfully defended personal injury verdict of $550,000. Text of decision.
  • Rich v. Bellevue School District, 122 Wn. App. 1024 (2004): successfully defended verdict and attorney fee award in employment discrimination case.
  • 3601 Group Inc. v. Alfalfas Northwest, 119 Wn. App. 1036 (2003), rev. denied, 152 Wn.2d 1017 (2004): successfully obtained a new trial after the jury rendered an inadequate verdict due to improper damages instructions. Text of decision.
  • Mader v. Health Care Authority, 149 Wn.2d 458 (2003): obtained reversal of trial and appellate court holding denying health care benefits to community college instructors who consistently teach half-time or more for nine months of the year. Text of decision.
  • Scarbrough v. Postema, 118 Wn. App. 185 (2003): obtained reversal of verdict for failure to instruct jury properly on the right of a non-custodial parent to bring action for the wrongful death of a child. Text of Decision.
  • Almquist v. Finley School District, 114 Wn. App. 395 (2002): successfully defended $4.75 million verdict for 11 children injured in e. coli outbreak. Text of decision.
  • Herrington v. Hawthorne, 111 Wn. App. 824, 47 P.3d 567 (2002): obtained reversal of summary judgment in action under Washington State Securities Act arising from multi-million dollar securities fraud scheme. Text of decision.
  • Microsoft v. Timeline, No. 47888-5-I (Wn. App. 2002): obtained reversal of declaratory judgment interpreting software contract. Text of decision.
  • In re Marriage of Rideout, 110 Wn. App. 370, 40 P.3d 1192 (2002), affirmed, 150 Wn.2d 337 (2003): Successfully defended contempt order for failure to comply with court ordered visitation. Text of Court of Appeals and Supreme Court decisions.
  • Smith v. Behr, 113 Wn. App. 306, 54 P.3d 665 (2002): successfully defended default order in major class action for defendant’s failure to produce key evidence in response to repeated discovery requests. Text of Decision.
  • In re Marriage of Wallace, 111 Wn. App. 697, 45 P.3d 1131 (2002), rev. denied (Feb. 4, 2003): Successfully defended property division in marriage dissolution action. Text of decision.
  • Gay v. Snohomish County, No. 44042-0-1 (2001); successfully defended verdict for failure to accommodate disabled employee. Text of decision.
  • Guillen v. Pierce County, 144 Wn.2d 696, 31 P.3d 628 (2001), rev’d and remanded, 537 U.S. 129, 123 S. Ct. 720, 154 L. Ed. 2d 610 (2003): successfully challenged the constitutionality of 23 U.S.C. 409 on the grounds that it could not be sustained under the spending power, the commerce clause, or the supremacy clause. Our clients achieved a successful settlement from Pierce County, the County petitioned for review from the companion case (involving the Guillens), and the United States Supreme Court reversed the Guillen decision. Text of Washington Supreme Court decision and concurring opinion. Text of United States Supreme Court decision.
  • Roberts v. King County, 107 Wn. App. 806, 27 P.3d 1267 (2001): obtained reinstatement of equal pay action for class of employees of King County. Text of decision.
  • In re Guardianship of Tobey, No. 47739-1-I (Wn. App. 2001): successfully defended determination that client is competent to handle her own financial affairs.
  • Winbun v. Moore, 143 Wn.2d 206, 18 P.3d 576 (2001): obtained reinstatement of $800,000 verdict for medical malpractice. Text of decision.
  • Beckman v. DSHS, 102 Wn. App. 687, 11 P.3d 313 (2000): successfully resisted extension of deadline for an appeal from a $17.8 million judgment. Text of decision.
  • Denn v. Anderson, No. 42954-0-I (Wn. App. 2000): successfully appealed judgment in excess of $200,000 for breach of the duty of good faith; Court reversed and remanded for entry of judgment in favor of client. Text of decision.
  • John Doe v. Gonzaga, 99 Wn. App. 338, 992 P.2d 545 (1999), rev’d, 143 Wn.2d 687, 24 P.3d 390 (2001), rev’d in part, 536 U.S. 273, 153 L. Ed. 2d 309, 122 S. Ct. 2268 (2002): obtained reversal of $450,000 verdict based on violation of federal funding statute. Text of Washington Court of Appeals and Supreme Court decisions. Text of United States Supreme Court decision, concurrence, and dissent.
  • Rogerson Hiller Corp. v. Port of Port Angeles, 96 Wn. App. 918 (1999): Obtained reversal of attorney fee award against corporation. Text of decision.