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Experience
Antitrust & Unfair Competition Litigation
Flagship Theatres of Palm Desert, LLC v. Century Theatres, Inc.
Represent independent theater owner in movie industry antitrust case under California’s primary antitrust statute the Cartwright Act. Court of Appeal decision is one of the leading statements of case law in the country on this topic. 198 Cal.App.4th 1366
Landmark Theatres v. Regal Theatres
U.S. District Court for the District of Columbia
Movie industry antitrust case involving claims of circuit dealing alleged to have denied fair competitive access to an independent theater in D.C. Case resolved by settlement favorable to client, Landmark.
Albertson's Inc. v. Pepsi-Cola Bottling Company of Walla Walla
U.S. District Court for the Eastern District of Washington
Counsel to plaintiff Albertson's in treble damages antitrust action alleging price fixing.
AT&T Inc. / NCR Corporation Merger
Counsel to NCR on antitrust defense to hostile takeover bid.
Advanced Technology Laboratories (ATL) v. Acuson Corporation
U.S. District Court for the Western District of Washington
Counsel to plaintiff ATL in Lanham Act - false advertising and unfair competition claims. Case resolved successfully in private trial. Injunction entered in federal court in favor of client.
Aviation Upgrade Technologies (AUT) v. The Boeing Company
U.S. District Court for the Central District of California
U.S. Court of Appeals for the Ninth Circuit
Successfully defended Boeing against multi-billion-dollar antitrust monopolization claim related to commercial aircraft modifications. 78 Fed. App'x. 623 (9th Cir. 2003)
Baby's Benefit International Inc. (BBII) v. Spacelabs Medical Inc.
Counsel for defendant Spacelabs in declaratory judgment action on trade secret and unfair competition claims related to computerized medical monitoring systems.
The Boeing Company v. PPG Industries Inc.
King County Superior Court (Washington)
Represented plaintiff Boeing in trade secret litigation and defended antitrust monopolization counterclaims relating to aircraft spare parts.
The Boeing Company v. Sierracin Corporation, et al.
King County Superior Court (Washington)
State Supreme Court of Washington
Trial and appellate counsel for plaintiff Boeing in landmark trade secret case with antitrust counterclaims involving aircraft spare parts sales. Jury verdict for Boeing on trade secret claim was upheld on appeal. Antitrust verdict against Boeing was reversed on appeal. 108 Wn. 2d 38 (1987)
Cassan Enterprises Inc., et al. v. Avis and Dollar Thrifty
U.S. District Court for the Western District of Washington
Obtained dismissal on behalf of Dollar Thrifty of antitrust action seeking to block potential merger.
COBB Theatres v. AMC Entertainment
U.S. District Court for the Northern District of Georgia
Involving allegations of circuit dealing denying fair competitive access by client independent theater operator to first-run commercial films and conduct blocking opening of new, high-end dinner theaters in various locations in the United States. Case settled.
Class 8 Truck Transmission Antitrust Litigation
Counsel for defendant truck manufacturer in class action antitrust litigation relating to heavy-duty truck transmissions.
Outerwall, Inc. v. Incomm Holding Inc.
Represented plaintiff in an unfair competition, breach of contract and fiduciary duty case in state court in Dallas. Settled on basis favorable to client.
Digital Systems International Inc. v. Electronic Information Systems Inc.
U.S. District Court for the Western District of Washington
Represented plaintiff DSI in Lanham Act/false advertising, unfair competition claim relating to computerized dialing equipment. Obtained jury verdict of $4.8 million.
Electric Lightwave Inc. (ELI) v. U.S. WEST Communications Inc.
U.S. District Court for the Western District of Washington
Arbitration counsel for defendant U.S. WEST, now Qwest, in antitrust case alleging monopolization and unfair competition concerning telephone interconnection practices. Resolved by three arbitrator antitrust expert panel on basis favorable to client.
Hollywood Theaters, Inc. v. Carmike Cinemas, Inc.
U.S. District Court for the Eastern District of Texas
Counsel for plaintiff Hollywood Theaters in movie industry antitrust case alleging abuse of monopoly power to deprive competitor of access to licenses for first-run films.
MetroNet Serv. Corporation v. Qwest Corporation
U.S. Court of Appeals for the Ninth Circuit
Successfully defended U.S. WEST, now Qwest, in treble damages antitrust case alleging abuse of monopoly power. Obtained summary judgment, which was affirmed on appeal, after reversal of initial adverse court of appeals decision by Supreme Court. 383 F.3d 1124 (9th Cir. 2004)
NTD Inc. v. LocalTouch
U.S. District Court for the Western District of Washington
Arbitration counsel to defendant U.S. WEST, now Qwest, in treble damages action alleging monopolization of yellow page directory markets.
Port of Seattle v. Puget Energy and PacifiCorp
U.S. Court of Appeals for the Ninth Circuit
Defended Puget Energy, Puget Sound Energy and PacifiCorp in antitrust case. Obtained order dismissing complaint alleging that antitrust conspiracy affected wholesale electricity rates on grounds that requested relief was preempted by FERC proceedings and orders. Successfully defended this judgment on appeal. 175 Fed. Appx. 827 (9th Cir. 2006)
Seven Gables Corporation v. Sterling Recreation Organization (SRO) Company, et al.
U.S. District Court for the Western District of Washington
Represented plaintiff movie exhibitor in treble damages antitrust action alleging conspiracy and monopolization of movie exhibition markets. Achieved settlements with some defendants and a jury verdict and judgment for $8.2 million against remaining defendants after six-week trial. The case was settled on appeal.
686 F. Supp. 1418 (W.D. Wash. 1988)
Sound Solutions v. the Boeing Company
U.S. District Court for the Northern District of Illinois
Defended Boeing in antitrust action alleging monopolization and essential facilities doctrine involving aircraft hush kits. Case settled on basis favorable to client while summary judgment motions pending.
Antitrust Counseling & Merger Clearance
Acquisition of Jeppesen Sanderson, Inc.
Advised Boeing in successful efforts to obtain antitrust and competition clearance in the United States and Europe for acquisition of aviation charts company.
Antitrust Counseling for Very Large Commercial Transport (VLCT) Joint Venture
Antitrust counsel to Boeing in a potential joint venture with members of the Airbus Consortium for a very large commercial jet transport.
In re Merger of The Boeing Company and McDonnell Douglas Corporation
Antitrust counsel to Boeing in proceedings before Federal Trade Commission and European Commission, leading to approval of aerospace merger.
Merger of Puget Sound Power & Light Company and Washington Energy Company
Antitrust counsel to Puget Sound Power on its merger with Washington Energy that formed Puget Sound Energy Inc.
In re The Boeing company Acquisition of Jeppesen Sanderson, Inc.
Represented Boeing in defense of challenge by French competition authorities of its acquisition of Jeppesen. Government challenge overruled by ruling of the French Competition Council.
Consumer Protection
U.S. ex. rel. DeKort v. Northrop Grumman Shipbuilding
U.S. District Court for the Northern District of Texas
Defend Northrop Grumman in jury trial of $720 million False Claims Act case. On eve of jury selection, all claims against client dismissed and Relator Plaintiff ordered to show cause why he should not be sanctioned or held in contempt for making false claims to the Court.
FMS Inc. v. Dell Computer Corporation
King County Superior Court (Washington)
Defended Dell in consumer protection class action relating to collection of Washington sales and use tax from Internet sales.
Investigation / Internet Marketing
Defense of internet marketing company in investigation by government consumer protection enforcement office. Pending.
Investigation / Internet Sales of Services
Defense of company involved in internet sales of services in investigation by government consumer protection enforcement office. Pending.
State of Washington v. Ralph Williams Northwest Chrysler Plymouth*
King County Superior Court (Washington)
Trial counsel for State of Washington in consumer protection law enforcement action.
87 Wn.2d 298, P.2d 423 (1976); 82 Wn.2d 265, 510 P.2d 233 (1973)
State of Washington v. Reader's Digest*
King County Superior Court (Washington)
Trial counsel for State of Washington in consumer protection law enforcement action.
81 Wn.2d 259, 501 P.2d 290 (1972)
Struthers v. Kuehne + Nagle
King County Superior Court (Washington)
Lead counsel in defending consumer protection claims against worldwide freight forwarder relating to shipment to Africa. Case settled on eve of trial.
Trinity v. LG Chem
U.S. District Court for the Western District of Washington
Defend global chemical manufacturing company, headquartered in Korea, against $50 million breach of contract, promissory estoppel and fraud claims. Case settled on first day of jury trial.
Intellectual Property Litigation
1 Uno Espresso, Inc. v. Caffe Mauro
U.S. District Court for the Western District of Washington
Trademark infringement and unfair competition action in coffee industry.
Nevada Bob's v. Terry Golf Industries
Counsel for plaintiff Nevada Bob's in trademark infringement and franchise termination case relating to golf equipment.
Sonotech v. Interspec
U.S. District Court for the Western District of Washington
Counsel for plaintiff Sonotech in trademark infringement and unfair competition case relating to ultrasound couplant product.
Sonotech Inc. v. RHI Company
U.S. District Court for the District of Oregon
Counsel for plaintiff Sonotech in trademark infringement and unfair competition action.
International Arbitration & Litigation
Retail Distribution Agreement Claims
Defended retailer client in arbitration of dispute with Chinese distribution company over breach of contract claims. Matter settled on eve of arbitration.
Steel Construction Materials
Represented Japanese manufacturer in construction dispute involving public owner of structure and claims against Japanese and Korean suppliers of steel components. Matter involved arbitration and collateral litigation in Washington courts.
Patent Antitrust Issues Arbitration
Lead counsel to United States corporation with respect to antitrust defenses to breach of contract and patent claims before Swedish arbitration panel. Matter settled on eve of arbitration.
Class Action Defense
Auto Fleet Discount Litigation*
U.S. District Court for the Northern District of Illinois
Trial counsel for plaintiff states in multidistrict antitrust class action alleging price fixing on automobile fleet sales.
Blewett v. Abbott Laboratories
King County Superior Court (Washington)
State Court of Appeals of Washington
Defended Bristol-Myers in multiparty treble damages class action alleging price fixing in the sale of prescription drugs. Case dismissed for lack of standing. Illinois Brick doctrine applied to private antitrust actions under Washington law. 86 Wn. App. 782, 938 P.2d 842 (1997)
Canadian Lumber Antitrust Litigation
U.S. District Court for the District of Colorado
U.S. Court of Appeals for the Tenth Circuit
Successfully defended multidistrict antitrust price-fixing class action regarding Canadian lumber. Case dismissed by District Court on Rule 12 motion; affirmed by Court of Appeals.
Class 8 Transmission Truck Litigation
Counsel for defendant truck manufacturer in class action antitrust litigation relating to heavy-duty truck transmissions.
Keithly, et al. v. Intelius, et al. v. Adaptive Marketing, LLC
U.S. District Court for the Western District of Washington
U.S. Court of Appeals for the Ninth Circuit
Defending Adaptive Marketing, an Internet marketing company, in nationwide consumer protection class action. Federal district court presently stayed pending appeal to Ninth Circuit on enforceability of arbitration clause in terms of use.
Mehrens/DiSimone v. Redbox Automated Retail, LLC
U.S. District Court for the Central District of California
Defended Redbox in putative class action alleging that collection of certain information at Redbox kiosks violates California's Song-Beverly Act. Obtained a dismissal via a motion to dismiss, and had dismissal affirmed on appeal to the Ninth Circuit Court of Appeals.
Merrithew, et al. v. Part Pointe Realty Inc., d/b/a John L. Scott Real Estate, et al.
U.S. District Court for the District of Idaho
U.S. Court of Appeals for the Ninth Circuit
Successfully defended real estate broker clients in antitrust class action alleging tying violations in connection with real estate brokerage fees in residential development sales.
Petroleum Litigation, MDL 150*
U.S. District Court for the Central District of California
Plaintiff counsel for State of Washington in multidistrict antitrust class action alleging price fixing on gasoline sales.
Stafford d/b/a Belvi Coffee and Tea Exchange Inc. v. Starbucks Corporation
U.S. District Court for the Western District of Washington
Successfully defended Starbucks in antitrust class action alleging monopolization of retail coffee store locations. Obtained an agreement by counsel to drop the class action claim, greatly narrowed the scope of e-discovery and ultimately resolved the case by mediated settlement.
ChoiceDek Litigation
U.S. District Court for the Western District of Washington
Defended Weyerhaeuser in nationwide consumer product class action. Settlement negotiated largely before case filed and ultimately approved by federal district court.
Hart v. Boise Cascade Corp.
Defended Boise Cascade in nationwide consumer protection class action alleging defects in manufactured wood siding.
Louisiana-Pacific Corp. OSB Siding Litigation
U.S. District Court for the District of Oregon
Co-lead counsel in defense of numerous consumer protection class actions and related cases and arbitrations related to manufactured wood siding. National counsel for implementation of nationwide class action settlement.
Phoenix Creative v. US WEST
U.S. District Court for the Western District of Washington
Defended US WEST in consumer protection class action challenging changes in telephone area codes.
Quiznos Franchise Class Actions
U.S. District Court for the District of Colorado
U.S. District Court for the Eastern District of Wisconsin
U.S. District Court for the Northern District of Illinois
Represented Quiznos Franchise Company LLC and related entities and individuals in the defense of purported class action lawsuits filed in federal courts in Colorado, Illinois and Wisconsin on behalf of franchise owners. Plaintiffs brought claims under the Sherman Act, state consumer and franchise protection acts, as well as claims for common law fraud, breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. Obtained a major victory in one of the cases when the court denied the plaintiffs' motion for class certification (Bonanno v. The Quiznos Franchise Company LLC, 2009 WL 1068744 (D. Colo. Apr. 20, 2009)) and the Tenth U.S. Circuit Court of Appeals denied plaintiffs' petition for permission to appeal.
Read v. James Hardie Building Products, Inc.
King County Superior Court (Washington)
Defended James Hardie Building Products in nationwide consumer protection class action involving fiber cement roofing products.
Weyerhaeuser Company Hardboard Siding Litigation
U.S. District Court for the Northern District of California
National counsel for Weyerhaeuser in defense of consumer protection and consumer product liability class actions related to alleged defects in hardboard siding.
Zachman v. Whirlpool Financial Corp.
Superior Court of Washington, Okanogan County
Defended Whirlpool in consumer protection class action regarding consumer credit transactions.
Fine Paper Litigation*
U.S. District Court for the Eastern District of Pennsylvania
Trial counsel for plaintiff states in multidistrict, price-fixing antitrust class action regarding paper products.
Sugar Antitrust Litigation*
U.S. District Court for the Northern District of California
Plaintiff counsel for State of Washington in multidistrict price-fixing class action related to sugar.
Piechur v. Redbox Automated Retail, LLC
Circuit Court for the Twentieth Judicial District of Illinois, St. Clair County
Represented national company in consumer class action pending in St. Clair County Circuit Court in a case involving unjust enrichment and violation of consumer fraud statutes, among other theories.
* Prior Experience
