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Experience
Regulatory Litigation
In the Matter of the Joint Application of Puget Sound Energy
Represented Puget Sound Energy in proceeding for sale of ownership interest in Puget Holdings, LLC. Docket U-210542.
Washington Utilities and Transportation Commission v. Puget Sound Energy
Represented Puget Sound Energy in power-cost-only rate proceeding. Docket UE-200980.
In the Matter of the Joint Application of Puget Sound Energy
Represented Puget Sound Energy in proceeding for sale of interest in coal plant. Docket UE-200115.
In the Matter of the Joint Application of Puget Sound Energy
Represented Puget Sound Energy in proceeding for sale of water heater business. Docket UG-200112.
Washington Utilities and Transportation Commission v. Puget Sound Energy
Represented Puget Sound Energy in general rate case. Dockets UE-190529/UG-190530.
Washington Utilities and Transportation Commission v. Puget Sound Energy
Represented Puget Sound Energy in expedited rate proceeding. Dockets UE-180899/UG-180900.
In the Matter of the Joint Application of Puget Sound Energy
Represented Puget Sound Energy in proceeding for sale of ownership interest in Puget Holdings, LLC. Docket U-180680.
Washington Utilities and Transportation Commission v. Puget Sound Energy
Represented Puget Sound Energy in general rate case. Dockets UE-170033/UG-170034.
Washington Utilities and Transportation Commission v. Puget Sound Energy
Represented Puget Sound Energy in enforcement action following natural gas explosion in the Greenwood neighborhood of Seattle. Docket PG-160925.
Washington Utilities and Transportation Commission v. Puget Sound Energy
Represented Puget Sound Energy in dispute regarding company water heating leasing program. Dockets UE-151871/UG-151872.
FERC Petroleum Pipeline Dispute
Represented large petroleum retailer in lengthy dispute before the Federal Energy Regulatory Commission (FERC) relating to petroleum pipeline shipping.
Environmental Litigation
Dispute With Washington Department of Health Regarding Large On-site Septic Systems
Represented youth summer camp in dispute with Washington Department of Health regarding camp’s large on-site septic system.
The Boeing Company v. United States
U.S. District Courts for the Western District of Washington, Central District of California, and District of Kansas. Assisted in recovery of $124 million in Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) response costs from United States based on government's involvement at three aircraft manufacturing sites during World War II and Cold War. Case No. 2:18-cv-00567-JCC (Western District of Washington Dec. 20, 2018); Case No. 2:16-cv-02416-TJH-JEM (Central District of California April 21, 2016); Case No. 6:16-cv-01061-EFM-TJJ (District of Kansas March 7, 2016).
Lower Duwamish Superfund Site (Seattle, WA)
Represented company regarding multiparty allocation proceeding, implementation of natural resource damage consent decree, federal administrative settlement agreements and orders on consent and state agreed orders, preparation of remedial investigation/feasibility study, review of record of decision, and other actions related to contaminated sediments.
In the Matter of Murray
Represented property owner in Environmental Protection Agency (EPA) civil enforcement action for violations of Toxic Substances Control Act (TSCA) due to lead paint. Successfully reduced penalty from nearly $300,000 to $20,000. Case No. TSCA-10-2017-0186.
Clean Water Act Defense and Compliance
Represented various entities in the successful resolution of several Clean Water Act (CWA) citizen-suit actions involving pier discharges and construction discharges near waterways. Assist clients in conducting audits, obtaining permit coverage, achieving and maintaining compliance, addressing total maximum daily loads (TMDL), and negotiating with regulatory agencies.
Land Use Litigation
Renton School District No. 403 v. Kelley, Case No. 21-2-07401-1 (King County Superior Court)
Represented school district in eminent domain and quiet title action to resolve title defect.
Chelan Basin Conservancy v. GBI Holding Co.
Represented developer before Washington Supreme Court where nonprofit organization sought removal of decades-old lake fill as a violation of the Public Trust Doctrine (PTD) and an unlawful interference with the navigable waterway. Case No. 93381-2 (Washington 2017).
Central Puget Sound Regional Transit Authority v. True Jesus Church
Represented church in eminent domain action by regional transit authority to condemn property for regional light rail project. No. 19-2-06722-5 (King County Superior Court).
Central Puget Sound Regional Transit Authority v. Lee
Represented commercial property owner in eminent domain action by regional transit authority to condemn property for regional light rail project. No. 18-2-00772-31 (King County Superior Court).
State of Washington v. Montlake LLC
Represented commercial property owner in eminent domain action by Washington Department of Transportation to condemn property for S.R. 520 bridge project.
In the Matter of the Petition of Everett School District No 2
Represented school district in eminent domain action to acquire property for new high school. Case No. 17-2-09544-31 (Snohomish County Superior Court).
Central Puget Sound Regional Transit Authority v. Mayers MGI Building Holding LLC
Represented nonprofit ballet in arbitration to resolve dispute regarding scope of just compensation in eminent domain matter resulting in successful outcome for client. Case No. 15-2-13876-6 (King County Superior Court).
Commercial Litigation
Freilinger v. Del Rey Mobile Home Park, LLC, Case No. 20-2-14158-5 (King County Superior Court)
Represented client in third-party subpoena.
Landis+Gyr Midwest, Inc. v. State of Washington, Department of Revenue, Case No. 20-2-02301-34 (Thurston County Superior Court)
Represented client in third-party subpoena.
Bio Management Northwest, Inc. v. Washington Bio Services, Case No. 20-00670 (U.S. District Court for the Western District of Washington)
Represented client in third-party subpoena.
Spearman Corporation v. The Boeing Company, Case No. 2:20-cv-00013-RSM (Western District of Washington)
Represented client in contract dispute involving aerospace supplier.
Puget Sound Energy, Inc. v. Washington Utilities and Transportation Commission, Case No. 20-2-02096-34 (Thurston County Superior Court)
Represented Puget Sound Energy in Public Records Act litigation.
Collegenet v. The Common Application
Represented plaintiff in antitrust action challenging exclusive dealing and monopoly maintenance in online college application processing services market. Case No. 3:14-cv-00771 HZ (District of Oregon).
Caliber Funding LLC v. Abel et al.
Represented mortgage company in unfair competition litigation to enforce breach of noncompetition agreement. Case No. C48 CV2014-481 (Northampton County, Pennsylvania, Court of Common Pleas).
Puget Sound Energy v. Atlis et al.
Represented utility in recovery of telecommunications spectrum and other damages in breach of contract action. Case No. 2:15-cv-01393 (Western District of Washington).
In re: Disposable Contact Lens Antitrust Litigation
Represented retailer in multidistrict litigation antitrust action involving alleged price-fixing agreements in violation of state and federal laws. Case No. 3:15-md-2626-HES-JRK (U.S. District Court for the Middle District of Florida).
Foamfanatics LLC v. Fan Fave, Inc.
Represented manufacturer of sports memorabilia in breach of contract and unfair competition action resulting in successful resolution for client. Case No. 2:17-cv-01475 (Western District of Washington).
Foamfanatics LLC v. Teamo LLC
Represented manufacturer of sports memorabilia in breach of contract and trade secret action resulting in successful resolution for client. Case No. 2:17-cv-00489-RSM (Western District of Washington).
Pro Bono
Represented Deportee in Pardon Proceeding
Represented client in pardon proceedings before the Washington Clemency and Pardons Board, leading to full pardon by Washington governor and preventing client deportation to Cambodia.
Boyle et al. v. City of Puyallup et al.
Represented homeless individuals in action against Pierce County and City of Puyallup, alleging defendants had violated the constitutional rights of plaintiffs by unlawfully seizing their property during homeless encampment “sweeps.” In settlement, obtained damages for plaintiffs and defendants implemented policy changes regarding their homeless encampment sweep policies. Case No. 3:18-cv-05750-BHS (Western District of Washington).
Filiberto Mora v. Schroeder et al.
Represented tenants in action against landlord and property manager for violating landlord-tenant laws resulting in deplorable and illegal living conditions. Matter resulted in successful resolution for tenants. Case No. 18-2-03043-31 (Snohomish County Superior Court).
Wilbur et al. v. City of Mount Vernon et al.
Represented indigent defendants in action against the cities of Mount Vernon and Burlington alleging that the cities had violated the constitutional rights of the plaintiffs by depriving them of effective assistance of counsel. In a landmark decision, U.S. District Judge Robert Lasnik ruled that the cities had systemically violated the Sixth Amendment right to counsel of thousands of indigent misdemeanor defendants and imposed injunctive relief for four years. Wilbur is the only case in the United States where systemic deprivation of the right to counsel claims were tried and the first case in the country where the U.S. Department of Justice (DOJ) filed a statement of interest supporting injunctive relief. Case No. 2:11-cv-01100-RSL (Western District of Washington).
Latourette v. Washington Department of Corrections
Represented incarcerated prisoner in action alleging Washington Department of Corrections subjected prisoner to cruel and unusual punishment in prison assault in violation of his constitutional rights. Case was successfully settled in favor of client. Case No. 2:12-cv-00564-BHS (Western District of Washington).
