Representative Cases We Have Won
Past success is no guarantee of future outcomes.
- C.L. v. Lange, Wash. Ct. of Appeals No. 84624-8-I (May 13, 2024) (successfully obtained discretionary review and reversed a summary judgment order that had permitted the plaintiff to seek a double recovery after she had already been compensated $4 million for her injuries).
- Maggie Properties, LLC v. Nolan, Wash. Ct. of Appeals No. 84549-7-I (Dec. 4, 2023), rev. denied (June 5, 2024) (successfully defended eviction order based on the tenant’s interference with the landlord’s use and enjoyment of its premises and resisted Supreme Court review).
- McCarthy v. City of Tacoma, No. 57246-0-II (Oct. 3, 2023) (successfully defended summary judgment dismissing a claim that cable services running on the excess capacity of the City’s telecommunications system could not be surplussed and sold off without a vote of the people), rev. denied (April 24, 2024) (successfully resisted Supreme Court review).
- Litvack v. Univ. of Wash., 2024 Wash. App. LEXIS 771 (April 22, 2024) (successfully obtained reversal of summary judgment dismissing retaliation claims under Washington’s Law Against Discrimination and remand for trial).
- Moore v. Fred Meyer Stores, Inc., 26 Wn. App. 2d 769, 532 P.3d 165 (2023), granted & dismissed (Feb. 21, 2024) (successfully reversing a defense verdict in a decision striking down a pattern jury instruction regarding property owners’ duty to protect invitees against slip-and-fall hazards, and remanding for trial; case settled favorably for the client prior to oral argument in the Supreme Court).
- Clevenger v. Courser, Wash. Ct. App. No. 58716-II-2 (Jan. 9, 2024) (successfully defended a defense verdict regarding adverse possession and obtained an award of all reasonable attorney fees and costs on appeal).
- Duell v. Alaska Airlines, Inc., 26 Wn. App. 2d 980, 530 P.3d 1015 (2023), rev. denied, 2023 Wash. LEXIS 526 (Nov. 8, 2023) (successfully defended trial judge’s ruling reversing a prior trial judge’s order denying personal jurisdiction in Washington over an Alaska-based airline that sold all the seats on its intra-Alaska flight through a Washington corporation’s website, where that flight crashed in Alaska, killing the Washington State resident whose Estate we represented).
- King Cnty. v. Walsh Constr. Co. II, 227 Wn. App. 2d 156, 532 P.3d 182 (2023), rev. denied, 2023 Wash. LEXIS 521 (Nov. 8, 2023) (successfully obtained reversal of summary judgment dismissing our client’s key affirmative defense under United States v. Spearin, 248 U.S. 132 (1918) (alleging that the County’s faulty design, plans, and specifications caused a pipeline to collapse) and remand for trial regarding $20 million in construction repair costs).
- Cox v. DSHS, Wash. Ct. App. No. 55438-1-II (April 18, 2023) (successfully defended $33 million jury verdict following a father’s brutal murder of his two young sons while in the State’s care and custody, and obtained reversal of the trial court’s remitter and reinstatement of the remainder of the jury’s verdict, $66 million, totaling just under $99,000,000).
- Staley v. Hoffman, Wash. Ct. App. No. 55951-0-II (December 13, 2022) (successfully defended judgment quieting title to landowner defending against adverse possession claim).
- Rugland v. Steers Wash. Ct. App. No. 8360-7-I (December 12, 2022) (successfully obtained reversal of decision denying a Sexual Assault Protection Order for a 14-year-old, with remand for a new hearing).
- Marriage of Lakha, Wash. Ct. App. No. 83270-1-I (November 28, 2022) (reversed trial court order declining to enforce contractual ADR provisions, and won remand with directions to compel ADR).
- Arneson v. Nordlund, Wash. Ct. App. No. 83234-4-I (July 25, 2022) (successfully defended judgment against claims for usurious interest, and withstood petition for review).
- Marriage of Doddridge, Wash. Ct. App. No. 82002-8-I (July 13, 2022) (Successfully defended CR 12(b)(6) dismissal of claim for an equitable division of property following a Committed Intimate Relationship, and withstood petition for review.)
- O’Dea v. City of Tacoma, 19 Wn. App. 2d 67, 493 P.3d 1245 (2021), rev. denied (April 5, 2022) (successfully reversed largest PRA penalty award in Washington State history ($2.6 million) and resisted Supreme Court review).
- Marriage of Williams, Wash. Ct. App. No. 55708-8-II (March 22, 2022) (successfully defended agreed orders splitting military retirement benefits and obtained award of attorney fees and costs on appeal).
- Shoker v. McCann, Wash. Ct. App. No. 80478-2-I (June 4, 2021) (successfully obtained reversal of summary judgment and remand for trial, where client was severely injured by an airport van that drove up onto the sidewalk and struck him).
- Fortman v. Proliance Surgeons, Inc., Wash. Ct. App. No. 79864-2-I (Feb. 16, 2021) (successfully defended $1.5 million judgment in medical malpractice action).
- Martinez-Cuevas v. DeRuyter Bros. Dairy, 196 Wn.2d 506, 475 P.3d 164 (2021) (filed amicus brief in support of dairy workers, who successfully obtained a ground-breaking wage-and-hour decision that exempting them from overtime pay is unconstitutional under the Washington State Constitution).
- Andren v. Dake, 14 Wn. App. 2d 296, 472 P.3d 1013 (2020) (successfully defended New Trial Order based on misconduct of counsel).
- Bowman v. City of Tacoma, Wash. Ct. of App. No. 54930-1-II (Oct. 23, 2020) (successfully enforced settlement and obtained dismissal of appeal).
- Marriage of Tullis, Wash. Ct. App. No. 79303-9-I (Oct. 5, 2020) (successfully obtained reversal of parenting plan).
- Parentage of O.S. & K.S., Wash. Ct. App. No. 81394-3-I (Aug. 3, 2020) (successfully defended parenting plan and obtained fee award on appeal).
- Atwood v. Mission Support Alliance, LLC, Wash. Ct. App. No. 35872-1-III (July 14, 2020) (successfully reversed multi-million-dollar jury verdict and withstood petition for review).
- Cunningham v. Karwoski,Wash. Ct. App. No. 79753-1-I (June 15, 2020) (successfully defended summary judgment of liability, and trial and appellate fee awards, regarding boundary dispute), rev. denied, 196 Wn.2d 1040 (2021) (fees awarded).
- Trueblue, Inc v. Marchel, Wash. Ct. App. No. 52665-4-II (June 2, 2020) (successfully obtained reversal of summary judgment and remand for trial on Wage and Hour claims), rev. denied 196 Wn.2d 1032 (2021).
- Shafer v. City of Seattle, Wash. Ct. App. No. 78015-8-I (March 30, 2020) (successfully obtained reversal of summary judgment and remand for trial on injuries resulting from the City’s alleged negligence in maintaining its primary proprietary baseball field).
- Coates v. City of Tacoma, 11 Wn. App. 2d 688, 457 P.3d 1160 (2019) (successfully obtained reversal of summary judgment and dismissal of action against city regarding propriety of telecommunications system), rev. denied 195 Wn.2d 1025 (2020).
- Taylor v. Burlington N.R.R. Holdings, Inc., 193 Wn.2d 611, 444 P.3d 606 (2019) (successfully obtained determination of certified question that obesity is always an impairment under Washington’s Law Against Discrimination and remand for trial in federal district court); Taylor v. Burlington N.R.R. Holdings, Inc., 801 Fed. Appx. 477 (2020) (adopting decision on certified question).
- Marriage of Vanderlinden, Wash. Ct. App. No. 77836-6-I (July 22, 2019) (successfully defended parenting plan and obtained fee award on appeal).
- Darland v. Snoqualmie Pass Util. Dist., Wash. Ct. App. No. 36002-4-III (July 16, 2019) (successfully obtained dismissal on some issues, with remand for trial of others).
- Parenting & Support of Q.J.M. & T.J.M., Wash. Ct. App. No. 77961-3-I (May 28, 2019) (successfully defended award of spousal maintenance using Ostler-Smith calculation from California law).
- McNabb v. Metro. Prop. & Cas. Ins. Co., Wash. Ct. App. No. 77832-3-I (May 28, 2019) (successfully defended ~ $875,000 remittitur).
- Kelso v. Olympia Sch. Dist., Wash. Ct. App. No. 48942-2-II (May 21, 2019) (successfully defended defense verdict).
- Marriage of Fan, Wash. Ct. App. No. 77490-5-I (April 1, 2019) (successfully defended final orders from multiple appeals and options for discretionary review).
- Karl v. City of Bremerton, Wash. Ct. App. No. 50228-3-II (Feb. 20, 2019) (successfully defended rulings dismissing class action against the City).
- Hood v. City of Langley, Wash. Ct. App. No. 77433-6-I (Jan. 28, 2019) (successfully obtained reversal of summary judgement in a PRA case).
- Iverson v. Prestige Care, Inc., Wash. Ct. App. No. 50336-1-II (Jan. 3, 2019), as amended (Feb. 26, 2019) (successfully obtained reversal of a summary judgment and remand for trial).
- Parenting & Support of E.J.S., Wash. Ct. App. No. 77854-4-I (Dec. 10, 2018) (successfully defended parenting plan).
- Marriage of Rounds, 4 Wn. App. 2d 801, 423 P.3d 895 (2018) (successfully defended court order retaining jurisdiction over parenting plan).
- Marriage of McCleskey, Wash. Ct. App. No. 77393-3-I (Nov. 26, 2018) (successfully defended separation contract and withstood petition for review).
- Fidelitad, Inc. v. Insitu, Inc., 904 F.3d 1095 (9th Cir., 2018) (successfully obtained reversal of the District Court judgment on the basis of improper removal, and remand to the State Court for trial).
- Marriage of Mason, Wash. Ct. App. No. 49839-1-II (July 31, 2018) (successfully obtained reversal of trial court’s judgment and remand for findings).
- Estate of Rathbone, 190 Wn.2d 332, 412 P.3d 1283 (2018) (successfully obtained important ruling limiting TEDRA actions in nonintervention probate actions).
- Wright v. Lyft, Inc., 189 Wn.2d 718, 406 P.3d 1149 (2017) (successfully obtained unanimous decision that all elements of a CPA claim are met when one receives an unsolicited commercial electronic text).
- Boss Constr., Inc. v. Hawk’s Superior Rock, Inc., Wash. Ct. App. No. 49273-3-II (Nov. 21, 2017) (successfully defended default judgment).
- Taylor v. Intuitive Surgical, Inc., 187 Wn.2d 743, 389 P.2d 517 (2017) (successfully reversed defense verdict and established new law under Washington State Product Liability Act and concerning strict liability in failure to warn cases).
- Mr. 99 and Assocs. v. 8011, LLC, Wash. Ct. App. No. 73737-6-I (Dec. 27, 2016) (successfully reversed commission awarded to broker who failed to obtain a proper brokerage agreement).
- Marriage of Cheng, Wash. Ct. App. No. 47937-I-II (Nov. 22, 2016) (successfully defended multi-million-dollar distribution to wife in dissolution action).
- Shoval v. Valet Parking Systems Inc., Wash. Ct. App. No. 73757-1-I (Nov. 21, 2016) (successfully reversed defense verdict, where trial judge improperly rejected an affidavit of prejudice).
- Johnston v. Hidden Cove Prop. Owners Ass’n, Wash. Ct. App. No. 47642-8-II (July 19, 2016), as amended (Sept. 7, 2016) (successfully defended summary judgment to homeowner’s association).
- Marriage of Riker, Wash. Ct. App. No. 72963-2-I (July 18, 2016) (successfully defended award of custody to father).
- Schulte v. City of Seattle, Wash. Ct. App. No. 72821-1-I (July 18, 2016) (successfully defended denial of summary judgment in negligent parole supervision case), rev. denied 187 Wn.2d 1004 (2017).
- Custody of S.F.-T.C., Wash. Ct. App. No. 32367-6-III (Feb. 9, 2016), as amended (March 15, 2016) (successfully won reversal of order granting third-party custody, vindicating a mother’s constitutional right to custody and care of her child), rev. denied 185 Wn.2d 1039 (2016).
- Jaimes v. NDTS Constr., Inc., 195 Wn. App. 1, 381 P.3d 67 (2016) (successfully obtained reversal of summary judgment dismissing injured worker’s suit against third party).
- Dept. of Labor & Indus. v. Rowley, 185 Wn.2d 186, 378 P.3d 139 (2016) (successfully defended a worker’s compensation award).
- Gould v. N. Kitsap Bus. Park Mgmt., LLC, Wash. Ct. App. No. 46358-0-II (Jan. 19, 2016) (successfully defended judgment for trip-and-fall injuries).
- Arp v. Riley, 192 Wn. App. 85, 366 P.3d 946 (2015) (successfully reversed summary judgment dismissing plaintiff’s personal injury claim based on judicial estoppel), rev. denied 185 Wn.2d 1031 (2016).
- Adoption of H.L.S., Wash. Ct. App. No. 46807-7-II (Dec. 15, 2015) (successfully defended termination of parental rights).
- Crews v. AVCO Corp., Wash. Ct. App. No. 70756-6-I (April 6, 2015) (successfully defended default judgment (due to discovery violations) and ~ $10 million in compensatory damages and $6 million in punitive damages verdicts in favor of the family of deceased pilot and her daughter, and against manufacturer of an allegedly defective aircraft engine).
- Lightner v. Shoemaker, Wash. Ct. App. No. 70746-9-I (Dec. 22, 2014) (successfully reversed judgment and obtained new trial regarding interpretation of restrictive covenants protecting views), rev. denied, 183 Wn.2d 1008 (2015).
- ADA Motors, Inc. v. Butler, Wash. Ct. App. No. 70047-2-I (Aug. 18, 2014) (successfully obtained reversal of jury verdict and remand for new trial due to a jury instruction error on behalf of the plaintiff in a Uniform Trade Secrets Act case), rev. denied, 182 Wn.2d 1012 (2015).
- Marriage of Brooks, Wash. Ct. App. No. 44692-8-II (Aug. 5, 2014) (successfully defended parenting plan modification after a second relocation).
- Guardianship of Erlwein, Washington State Court of Appeals No. 44849-1-II (July 10, 2014): successfully obtained dismissal of appeal on motion (and without filing a brief) due to appellant’s lack of standing.
- Scott Anderson Trucking, Inc. v. PACCAR Fin. Corp., Wash. Ct. App. No. 70019-7-I (May 19, 2014) (successfully defended summary judgment dismissing various tort and contract claims for lack of a duty).
- Marriage of Wright, 179 Wn. App. 257, 319 P.3d 45 (2013) (successfully defended property division and maintenance order after 30-year marriage and resisted review), rev. denied, 186 Wn.2d 1017 (2014).
- Tan v. Le, 177 Wn.2d 649, 300 P.3d 356 (2013) (successfully obtained reversal of appellate court decision based on the First Amendment (6-1), reinstatement of a substantial jury verdict for defamation, and denial of certiorari in the U.S. Supreme Court), cert. denied 134 S. St. 941, 187 L. Ed. 2d 784 (2014).
See Also Earlier Cases