Labor & Employment

Defense of state law wage and hour class action.

Gender discrimination case, defense judgment.

Fair Labor Standards Act (FLSA) collective action regarding law enforcement overtime.

Summary judgment for employer and Ninth Circuit affirmance on claims of disability discrimination.

Represented air carrier in TRO and preliminary injunction action arising from "CHAOS" strike under the Railway Labor Act.

Trial of disability and workers’ compensation discrimination action.

Defense of wage and hour class action.

Prosecution of a preliminary injunction action against former investment advisor who left to join competitor and continued to call on her former Ameriprise customers. (July 2008)

Defense of Fair Labor Standards Act (FLSA) overtime claims by 90 police officers.  Three-week bench trial; defense judgment; affirmed.

School district ruling that merits of seniority bypass dispute not arbitrable, 2009.

Family Medical Leave Act (FMLA), emotional distress, breach of contract, and various discrimination claims.

Federal age discrimination claims

Race discrimination and retaliation claims.

Defended Alaska Airlines against employment claims by 14 plaintiffs. Won summary judgment dismissing all claims and affirmance of that judgment on appeal.  118 Fed. Appx. 172 (9th Cir. 2004)

Trial of claim involving employer’s right to drug test.

Defense of WARN Act class action.

Former employee claimed sex and disability discrimination. Summary judgment granted dismissing all claims.

Counsel for America West Airlines in national origin and race discrimination case. Obtained defense jury verdict. Docket number: CIV-97-1393-PHX-EHC (WKU)

Federal court lawsuit regarding alleged retaliation for not participating in a strike.

Won jury verdict for Boise Cascade on claims of disability discrimination, violation of the FMLA, and wrongful discharge. Convinced Ninth Circuit to affirm that judgment. 191 F.3d 1010 (9th Cir. 1999) 

Defense of Title VII sex discrimination class action with 30,000 class members. Settled on eve of trial.

Defense of reverse sex discrimination claim. Obtained Stipulation to Dismiss with prejudice. (2005)

Defense of Title VII sex discrimination and harassment case. Prevailed on summary judgment. (2004)

Overturning adverse NLRB decision concerning removal of work from bargaining unit. 571 F.2d 793 (9th Cir. 1978)

Defense of ERISA claims.

Defense of wage-and-hour class action with 20,000 class members. Summary judgment on all claims; affirmed, 128 F.3d 1279 (9th Cir. 1997)

Defense of class wage-and-hour claims brought against Qwest.

Summary judgment granted dismissing three out of five of plaintiff's claims. 

Defense of wrongful termination action.

Sexual harassment, sex discrimination, retaliation, disability discrimination claims; disability discrimination claim dismissed on summary judgment.

Represented tortilla manufacturer in class action arbitration involving overtime claims and alleged misclassification of grocery distributors. Voluntarily dismissed.

First chair for two-week jury trial on disability discrimination and retaliation claims; defense verdict.

Defense of class wage-and-hour claims brought against Qwest in federal court.

Trial counsel for Boeing in a disability and retaliation lawsuit. After a three-week jury trial, Boeing won judgment as a matter of law, vacating a $1 million jury verdict. Reversed on appeal after legislature amended RCW 49.60.040(25).

Defense of 18-plaintiff breach of contract and fraud in employment claims.  Obtained verdicts for defendant in seven-week jury trial; affirmed, 85 Wn. App. 1065 (1997)

Wrongful discharge claims.

Defense of class race discrimination claims brought in Chicago federal court by a purported nationwide class comprised of employees of Boeing's merger partners, McDonnell Douglas and Rockwell Corporation.

Represented Smart & Final Inc. in a wage-and-hour case where a class of retail managers and assistant managers in California brought claims for overtime based on alleged misclassification of exempt and nonexempt employees. Planned and implemented a strategy to collect defensive declarations adverse to the class claims, then successfully marshaled these to negotiate a favorable settlement.

Obtained dismissal of wrongful termination claim on res judicata grounds. Affirmed on appeal.  No. 29,581 (N.M. Sept. 17, 2007)

Defense of communications company against former employee's gender discrimination claim.

Defense of whistleblower wrongful discharge claims.  Summary judgment; aff'd, 126 Fed. App'x. 414 (9th Cir. 2005)

Prosecution of restrictive covenant and breach of fiduciary duty claims. Obtained Injunction Order.  (2006)

U.S. District Court, Eastern District of Virginia Commissions claim by former employee returned to Federal Court in Virginia. (2009)

Injunction action against former employees who misappropriated trade secrets and confidential information, solicited customers and solicited CDW employees in violation of their contractual obligations. (2010)

Obtained preliminary injunction where the court found that CDW had demonstrated a likelihood of success on the merits with regard to their trade secret misappropriation, conspiracy to breach fiduciary duty and unfair competition claims. The court also concluded that the competitor tortiously interfered with valid restrictive covenants. Reported at 2010 WL 2710626. (July 2010)

Obtained stipulated injunction order enjoining the individual defendants from misappropriating trade secrets and confidential information, contacting the majority of their customers and soliciting CDW employees. (2010)

Establishing standard for review of administrator transfers, 1981.

School district termination of teacher for performance reasons, 2009.

Summary dismissal of wrongful termination claims. 

Counseling on employment related matters.

Obtained ruling overturning Commission's findings that city's layoff of employee was retaliation for union activity.  93 Wn. App. 509, 970 P.2d 752 (Wash. Ct. App. 1999)

Administrative appeal dismissed on summary judgment and dismissal upheld by Washington Court of Appeals.

Arbitration construing seniority provisions during layoff, 2002.

School district termination of employment arbitration, 2005.

Successful defense of Fair Labor Standards Act class action claims establishing current Ninth Circuit law on use of compensatory time in the public sector. 188 F.3d 1124 (9th Cir. 1999)

Affirmed summary judgment for employer rejecting challenge to employment preference for shareholders of Alaska Native Corporation. 2011 WL 186 9957 (9th Cir. 2011)

Represented author of software code in copyright dispute at trial.

Trial counsel for Boeing and two Boeing employees in a national origin discrimination and harassment lawsuit. Boeing won a defense judgment after a two-week bench trial. Affirmed on appeal.

Represented defendants in lawsuit asserted by former in-house attorney for corporate defendant.  After summary judgment was entered in favor of defendants on certain of plaintiffs' claims, the matter was settled.

Defense of class action alleging misclassification of local store managers as exempt from overtime requirements of state law.  Following a bifurcated trial on liability issues, the case was successfully settled on terms favorable to the company.

Two-week jury trial on sex and race discrimination and retaliation claims; defense verdict.

Summary judgment for employer. The court found that the employee did not engage in protected activity when he disobeyed supervisor’s directive to stop work, even though employee believed he was alleviating a safety risk. 272 F. Supp. 2d 850 (D. Alaska 2003)

Bench trial concerning employee's claim that company failed to reasonably accommodate his disability; defense verdict; affirmed by Washington Supreme Court. 121 Wn. 2d 8, 846 P.2d 531 (Wash. 1993)

Successful summary dismissal of tug boat operator's claim for failure to provide reasonable accommodation under the ADA.

Successfully defended the university in a class action discrimination lawsuit.

Age discrimination class action, involving hiring age for pilots.

Age discrimination class action case, involving retirement age for pilots.

Discrimination class action related to age.

Summary judgment for employer against EEOC in multi-plaintiff case alleging claims of race discrimination.

Defense of ERISA class action claiming severance benefits. Summary judgment; affirmed, 16 Fed. App'x. 808 (9th Cir. 2001)

Defamation claim. 

Sexual harassment and Equal Pay claims dismissed on summary judgment.

Brought claims of breach of employment contract, tortious interference and disclosure of confidential information; defended counterclaims. Cause No. 05-2-02849-1

Obtained reversal and order of JMOL dismissing claim of breach of covenant of good faith and fair dealing in employment contract. Court found that discharging employee because of personality conflict with supervisor does not breach covenant of good faith and fair dealing.  973 P.2d 1137 (Alaska 1999)

Disability discrimination and wrongful discharge claims, summary judgment affirmed on appeal. (Unpublished decision 2009)

Affirmance of summary judgment in case alleging wrongful termination for disabilities. 2005 WL 3196530 (Cal. Ct. App.)

Race discrimination class action.

Defense of Title VII gender discrimination, retaliation and constructive discharge claims. Prevailed on summary judgment. (2007) Settled pending 7th Circuit appeal. (2009)

Defense of multi-plaintiff gender discrimination claims.

Represented Fluke Corporation and Danaher Corporation in noncompetition and misappropriation of trade secrets case against several former employees and their new employer, Milwaukee Tool. Secured temporary restraining order and, after expedited discovery and a one-week evidentiary hearing, a preliminary injunction.

Prosecution of restrictive covenant case against former president of advertising agency. Settled. (2001) 

Affirmance of dismissal of employment action for unpaid wages and benefits. 158 Fed. Appx. 826 (9th Cir. 2005)

Disability discrimination claim.

Wrongful discharge claim; plaintiff's verdict reversed on appeal and standards established for definition of "just cause" and limitation on emotional distress damages.  815 P.2d 1362 (Wash. 1991)

Affirmance of dismissal of alleged "whistleblower" employment claim. 69 P.3d 1011 (Ariz. Ct. App. 2003)

Affirmance of summary judgment that airline was not required to pay overtime under the Alaska Wage and Hour Act for employee work performed under flexible work hour plan where the plan was included in a collective bargaining agreement. 963 P.2d 1015 (Alaska 1998)

Successfully defeated Plaintiffs' motion for class certification (seeking to certify multiple classes and subclasses of transportation division employees regarding overtime, meal/rest break, wage statement and employee reimbursement claims) brought by in-house drivers of retail grocery chain.

Court trial defense verdict on claims under Oregon Family Leave Act.

Defense of class action state law wage-and-hour claim regarding exempt status of on-car supervisors under FLSA.

Defended plaintiff who claimed that he had been terminated in violation of the Age Discrimination Employment Act and in order to deny him certain benefits in violation of ERISA. Summary judgment granted. 2005 WL 1311268 (N.D. Ill. 2005)

Enforcement of non-compete agreement.

Defense of putative class action alleging numerous California state wage and hour violations.

Counsel in harassment case wherein a former employee alleged she was sexually harassed by her co-workers and supervisors while performing maintenance and loading and unloading of airplanes. Obtained summary judgment on discrimination, retaliation and common law claims prior to trial. Plaintiff's sexual harassment claim went to trial and jury found for the Company in full.  Case No. 99-B-108

Represented defendant in age discrimination case, obtained affirmance of summary judgment. 235 Fed. Appx. 560 (9th Cir. 2007)

Affirmance of summary judgment dismissing claim for disability benefits under ERISA. 191 Fed. Appx. 658 (10th Cir. 2006)

Counsel for US WEST in an action challenging policy of granting benefits to same sex domestic partners. Summary judgment for US WEST.

Former employee alleged sex discrimination in her discharge, summary judgment granted dismissing all claims.

Defense of breach of contract and arbitration enforcement claims under the Labor Management Relations Act.

Breach of contract claim by teacher.  111 Wn.2d 250, 758 P.2d 7 (1988)

Counsel for America West Airlines in an age discrimination case. Obtained defense jury verdict.  Docket number: CIV-99-1600-PHX-MHM

Summary judgment for employer on federal labor law preemption grounds; affirmed on appeal.

Sexual harassment, discrimination and retaliation claims.

Disability discrimination claim.

Multi-plaintiff sex harassment, discrimination, and retaliation claims.

Defense of racial discrimination claims. Three week jury trial, defense verdict.

Gender and national origin discrimination, defense judgment.

Age discrimination litigation

Defense of multi-plaintiff race discrimination claims.

Recovery of attorneys' fees in labor arbitration.

Defended Boeing in a federal court lawsuit to enjoin subcontracting.

Defense of class action claim for unpaid wages and vacation pay under Illinois Wage Payment and Collection Act. Settled. (2000) 

Inclusion of an interest arbitration clause in collective bargaining agreement was a non-mandatory bargaining subject, even when union was prohibited from striking, and union’s insistence on bargaining for clause was an unfair labor practice. 971 P.2d 156 (Alaska 1999)

Trial of race discrimination action.

Defense of FLSA collective action lawsuit alleging overtime violations. Settled. (2006)

Four-week jury trial, race discrimination claims, defense verdict.

Age discrimination; wrongful discharge; various tort claims; defense verdict.  

Public Employment Relations Commission
Secretarial employee severance from broader classified employee unit, 2003.

Same-sex sexual harassment, religious discrimination, Title VII retaliation claims.

Defended claims of workplace injury, disability discrimination and retaliation. No. CV04-2198L

Won summary judgment in case alleging age discrimination and wrongful termination. The Ninth Circuit affirmed. 2008 WL 4372966

Defense of race discrimination and retaliation claims brought by current and former Boeing employees.

Defense of class action relating to temporary employee benefits

Discrimination litigation, wrongful termination. Multi-plaintiff breach of contract, estoppel, and fraud claims.

Defense of wrongful termination action.

Preliminary injunction to enforce non-compete agreement.

Disability discrimination claims. Summary judgment affirmed.  973 F. Supp. 1191 (W.D. Wash. 1997) aff’d, 161 F.3d 1196 (9th Cir. 1998)

Defamation and breach of implied contract claim by discharged employee, summary judgment affirmed on appeal. 951 P.2d 280 (Wash. Ct. App. 1998)

Defense of temporary, part-time and contract worker class actions for employee benefits.

Defense of wage-and-hour class action.

Defense of class wage/hour claims brought against Starbucks.

Advise on labor and employment matters for a US-based multinational setting up subsidiaries in Shenzhen, Shanghai and Beijing.

Represented employer in wage-and-hour class actions brought by temporary day laborers throughout California.

Whistle-blowing and related claims arising at Hanford - dismissed at the close of plaintiff's case.

Former supervisor filed action for damages against Boeing and several employees after his demotion for sexual harassment. 58 Wn. App. 261, 792 P.2d 545 (Wash. Ct. App. 1990)

Defense of claim under Americans with Disabilities Act. Obtained partial summary judgment, then settled. (2001) 

Breach of contract claim by school counselor.  47 Wn. App. 575, 736 P.2d 690 (1987)

Summary judgment for employer in race discrimination case.

Disability discrimination claim.

Secondary boycott activity of longshore union seeking to obtain additional work. 291 NLRB 89 (1988)

Defended Boeing in a wage-and-hour class action.

Disability/AIDS discrimination, defense judgment.

Defense of fire district against union claim to compel arbitration. Summary judgment dismissing the claim; aff'd, 145 P.3d 1247 (Wash. Ct. App. 2006)

Federal and state race retaliation claims brought by former Boeing machinist. Defense verdict obtained on all counts; aff'd, 166 F.3rd 1219 (9th Cir. 1999)

Lead counsel for U S WEST in a seven-figure claim arising from an Employee Suggestion Plan. Summary judgment for U S WEST and individual defendants.

Defense of plaintiff claims that she had been terminated on the basis of her gender. Successfully mediated a settlement on behalf of Storage Tek.

Age discrimination; wrongful discharge; various tort claims; partial summary judgment followed by defense verdict.

Defense of age discrimination action.

Affirmance of summary judgment that substitute teachers were not statutorily entitled to same rate of pay as full-time teachers.  92 Wn. App. 982, 966 P.2d 419 (Wash. Ct. App. 1998)

U.S. Supreme Court, Argued
U.S. Supreme Court established right of due process before termination of utility service. 436 U.S. 1 (1978)

Defense of age discrimination claim. Prevailed on summary judgment. (2006). Affirmed by Tenth Circuit. 222 Fed. Appx. 679 (10th Cir. 2007)

Bench trial on age discrimination and handbook claims; defense verdict on discrimination claim.

Disability discrimination claims.

Representing nationwide retailer in putative wage-and-hour class action involving client's warehouse employees, and alleging meal and rest break violations as well as donning and doffing claims.

Lead counsel for retailer in putative nationwide class action alleging violation of the Fair Credit Reporting Act (FCRA).

Defense of putative class action alleging numerous California state wage-and-hour violations.

Affirmance of summary judgment that substitute teachers were excluded from continuing contract rights under state statute.  103 Wn. App. 472, 12 P.3d 1042 (Wash. Ct. App. 2000)

Summary judgment for employer and Ninth Circuit affirmance in case alleging employment-related defamation and SOX retaliation.

Affirmance of summary judgment that employer did not defame former employee.  156 Fed. App'x. 949 (9th Cir. 2005)

Defense of ERISA class action by retirees over health and pension benefits. Dismissed. (1996)

Affirmance of jury verdict in case alleging national origin discrimination and retaliatory discharge claims. 116 F.3d 422 (9th Cir. 1997)

Summary judgment for defendant on defamation claim; trial and favorable settlement of tortious interference claim.

Pregnancy discrimination and various tort claims; summary judgment affirmed on appeal. 131 Wash. App. 1064 (2006)

Jury trial of family medical leave claims on behalf of communications company.

Defense of numerous NLRA unfair labor practice charges for discharges, disciplines, bargaining violations across the country. (1997 - 2002)

Secondary boycott activity. 447 U.S. 607 (1980)

Represented Boeing in a case where a class of Asian engineers and technical workers in Seattle alleged compensation and discrimination. Successfully limited the size and scope of the certified class, got several claims dismissed before trial, and then tried the remaining class case to a defense verdict before a federal jury.  The verdict was affirmed on appeal.  2002 WL 31095015 (W.D. Wash.2002); 192 F. App'x. 595 (9th Cir. 2006)

Defense of wage/hour claims under California law.

Defense of sex discrimination and harassment claim. Settled. (2006) 

Represented Smart & Final in California class action (with multiple subclasses) brought against employer-client alleging a myriad of wage-and-hour claims (including those pertaining to meal and rest period violations and so-called “off-the-clock” work), and seeking in excess of $100 million in purported damages and penalties. After filing multiple motions for summary adjudication, case was settled on terms favorable to the Company.

Successfully briefed and presented oral argument in consolidated appeals in age and sex discrimination case.  246 F.3d 975 (7th Cir. 2001)

Labor law-duty of fair representation claim. Summary judgment granted for defendants dismissing all claims.

Obtained 3rd Circuit reversal of NLRB ruling that subcontractors at trucking company violated NLRA. (2000) 

Defense of Section 1983 action against a public employer.

Represented Smart & Final in a case where the plaintiff alleged his employer had improperly deducted impermissible costs from his wages, and sought class action status. Before class certification issue was decided, the case was successfully disposed on terms favorable to the employer.

Counsel for America West Airlines in age and gender discrimination case. Obtained defense jury verdict. CIV-99-963-PHX-MHM

Defense of wage and hour class action.

Summary dismissal of employee claims of constructive discharge and breach of covenant of good faith and fair dealing. 

Defense of age discrimination class action.

Defense of class action claim under Illinois Wage Payment and Collection Act. Settlement approved. (2007)

Defense of trade secrets action brought by advertising agency's former client. (2001)

Affirmance of summary judgment rejecting claims resulting from dismissal of city police chief. 
936 P.2d 126 (Alaska 1997)

Age discrimination claim, defense verdict.

Defense verdict in age discrimination trial.

Preliminary injunction action to enforce non-compete agreement.

Defense of disability discrimination claim under Illinois Human Rights Act. Case dismissed. (1999) 

Defense of claims brought under the New Jersey Law Against Discrimination. Settled. (2006)

Six counts whistleblower/discrimination claim; five claims dismissed on summary judgment, defense judgment after trial on the remaining whistle-blower claim.

Defense of wage and hour class action. Case settled on favorable terms.

Defense of Sarbanes-Oxley whistleblower claim before U.S. Department of Labor. Settled. (2006) 

Affirmance of summary judgment dismissing age discrimination claims.  196 Fed. Appx. 487 (9th Cir. 2006)

Successful defense of school district following allegations by teacher of wrongful termination. 58 Wn. App. 121, 791 P.2d 549 (Wash. Ct. App. 1990)

Employer prevailed in a claim brought by discharged employee under whistleblower protection provisions of several federal environmental statutes. ALJ Feb. 26, 2003, USDOL/OALJ Reporter, 2000-CAA-7

Defense of Title VII sex discrimination and harassment case. Prevailed on summary judgment. (2003)

FLSA collective action regarding paramedic overtime.

Affirmance of summary judgment dismissing claims by former employee alleging that Pentium® processors infringed his patent and that Intel improperly discharged him for asserting that claim.  178 F.3d 1312 (Fed. Cir. 1998) (Table)

Lead counsel in nationwide FLSA collective action (together with supplemental state law class claims), alleging numerous federal and state wage-and-hour violations.  After provisional collective action status was established, case was settled on terms very favorable to the employer.

Defense of gender discrimination class action.

Employment contract litigation.

Counsel for Boeing in an age discrimination case. Summary judgment for Boeing; affirmed. 2007 WL 3230341 (9th Cir.)

Defense of employment contract action against alleged successor employer. Settled while summary judgment was pending. (2006)

Defense of disability discrimination and retaliation claims.

Lead counsel for Boeing in a wrongful discharge case. Summary judgment for Boeing.

Race discrimination class action, 4,000 class members. Summary judgment before trial dismissed compensation claims. Obtained victory in a jury trial and obtained a positive ruling from the bench on the disparate impact claim.

Defense of 15 plaintiffs in breach of contract and wrongful termination claims.

Bench trial on wage claims; defense verdict.

Defense of opt-in class action by college nursing school faculty alleging equal pay and comparable worth violations.

Defense of wage-and-hour class action, with a class of 90,000 employees, in a federal lawsuit to compel arbitration.

Defense of numerous discrimination charges filed with the EEOC and state agencies including investigation, mediation, settlement negotiation and preparation of multiple successful position statements resulting in no cause findings.

Affirmance of summary judgment for Federal Express in wrongful discharge claim.  1997 WL 464628 (9th Cir. 1997)

Defense against plaintiff claims that she had been terminated in violation of the Family Medical Leave Act (FMLA). Summary judgment granted. 2006 WL 2497783

Wisconsin Department of Workforce Development
Defense of disability discrimination suit under Wisconsin Fair Employment Act. Obtained dismissal of all claims. (2004)

Defense of consolidated EEOC pattern and practice claims and private putative class action discrimination claims brought against Les Schwab Tire Centers.

Disability discrimination and wrongful discharge claims.

Injunction ending teachers’ strike, 2003.

Defense of claims for violation of the Illinois Trade Secrets Act and breach of post-employment restrictive covenants. Settled. (2007)

Defense of Title VII race discrimination case brought by 15 employees. Prevailed at three-day trial to enforce settlement agreement. (2002)

Lead counsel for Qwest in sex discrimination and Equal Pay Act case. Summary judgment for Qwest.

Disability discrimination claim.

Sexual harassment claim.

Arbitration before American Arbitration Association. Prosecution of action to enforce restrictive covenants in asset purchase agreement. Settled. (2000)

Defense of single plaintiff mental disability discrimination action.

School District Unfair Labor Practice Proceeding, 2009.

Public Employment Relations Commission
Unit clarification matter involving confidential employees, 2003.

Overturning arbitration award against the University because arbitrator’s decision was a gross error. 2004 WL 2486270 (Alaska 2004); 64 P.3d 823 (Alaska 2003)

Successful enforcement of noncompetition agreement involving silicone injection technology for buried power cable life extension. Six-week trial resulted in verdict for UTILX and entry of injunction extending and enforcing noncompetition against defendant Bertini.  No. 03-2-14593-9 KNT

Defense of sex discrimination class action.

Summary judgment for employer in tortious interference case.

Defense of FLSA overtime collective action and state law wage claim class action brought by janitorial workers alleging misclassification. Settlement approved. (2007)

Lead trial counsel for Boeing and a Boeing manager in two-plaintiff breach of contract and employee handbook case. Defense verdicts for Boeing and the individual defendant after a seven-week jury trial.

Defense of single plaintiff action including toxic tort and disability discrimination claims.

Defense of discrimination and retaliation claims under the Family Medical Leave Act (FMLA), Americans with Disabilities Act (ADA) and Iowa Civil Rights Act. (2007)

Defense of wage and hour class action. Settled favorably following certification.

Disability discrimination claims establishing favorable precedent for employers in the Ninth Circuit.

Represented the borough in a due process/wrongful demotion claim. 787 F. Supp. 907 (D. Alaska 1992)

Defense verdict in jury trial for a Title VII retaliation claim.

Successful defense of school district against allegations of wrongful discharge. 87 Wn. App. 624, 944 P.2d 1 (Wash. Ct. App. 1997)

Represented Rockwell Retirement Plan in action for ERISA pension benefits.

Three plaintiff sexual harassment claim, the claims of two of the three plaintiffs dismissed on summary judgment.

Lead trial counsel for Boeing and a Boeing manager in a disability accommodation case. Defense verdicts for Boeing and the individual defendant.

Hostile environment sexual harassment claim dismissed on summary judgment.

Represented company in defense of ERISA claim brought on behalf of quadriplegic daughter of employee to obtain lifetime medical benefits under Group Benefits Plan and avoid restitution of benefits advanced pursuant to the Plan's third party exclusion provision. Obtained summary judgment, which was upheld on appeal.

Represented concrete contractor in action brought by Laborers' Pension and Welfare Fund seeking to collect $1.2 million in delinquent employee benefit contributions arising from alleged "double breasted" operations. Favorable settlement reached.

Represented company in defense of action brought by former senior executive asserting claims of gender discrimination, sexual harassment, and wrongful discharge under FMLA. Obtained summary judgment, which was upheld on appeal.

Represented company in defense of race discrimination action brought by employee claiming disparate treatment on work assignments. Obtained judgment in favor of company after bench trial.

Represented company in defense of action brought by three employees claiming wrongful suspension in connection with time card entries. Dismissal of all claims was upheld on appeal.

Successful motion to dismiss for city officers against §1983 claims.

Summary judgment for employer affirmed as to race discrimination claim but reversed as to retaliation claim. 2007 WL 2915436 (9th Cir. 2007)

Defense of employer in age discrimination claim.

Current defense of employer against claims of hostile work environment, sexual harassment, and wrongful discharge.

Successful summary judgment claim for city police officers against §1983 claims.

Current defense of employer against wrongful discharge claim for breach of covenant of good faith and fair dealing.

Successful motion to dismiss and motion for partial summary judgment on behalf of Merrill Lynch.

Successful motion for partial summary judgment and bench trial on behalf of Merrill Lynch against breach of fiduciary duty, misrepresentation, and breach of contract claims.

Successful enforcement of non-competition agreement against departing employee; injunction issued.

Successful defense of City of Bethel police officer in jury trial in Superior Court at Bethel. Defendant determined the prevailing party entitling it to attorney’s fees and costs.

Summary judgment motion on behalf of City of Petersburg employees against private individual alleging invasion of privacy and defamation.  Summary judgment granted on all claims entitling defendants to attorney’s fees and costs.

Prepared pre- and post-trial briefing for successful bench trial on behalf of dental organization against the State of California on First Amendment claim.

Successful motion to dismiss for city police officers against state and federal constitutional claims.

Represented supermarket chain in arbitration against former Fred Meyer President seeking large severance package.

Successful defense of gender discrimination and harassment claims.  Summary judgment granted dismissing all claims.

Alaska State Commission for Human Rights dismissal of complaint by former medical assistant employee alleging race and sex discrimination.

Alaska State Commission for Human Rights dismissal of complaint by former radio personality employee claiming sex and race discrimination.

Alaska State Commission for Human Rights dismissal of complaint by former restaurant employee alleging race discrimination.

Defended employer against claims of disability discrimination, ERISA interference, and FMLA interference.

Successful defense of gender discrimination and employment "handbook" claim.  Summary judgment granted dismissing all claims.