Representative Cases
Rigby v. Mastro, et al.
Represented bankruptcy Trustee in litigation against the debtor, Michael R. Mastro, his wife, and other parties to recover assets fraudulently transferred into various trusts before the bankruptcy was filed. Trial resulted in judgments totaling in excess of $7 million, and recovery of property valued in excess of $15 million at the time of transfer. Also defeated more than $12 million of liens asserted against the property by debtor's associates. (U.S. Bankruptcy Court for the Western District of Washington)
Rigby v. Hazelrigg, et al.
Represented bankruptcy Trustee in litigation against Thomas R. Hazelrigg, III, and related parties, to collect amounts owed to the debtor, Michael R. Mastro. Obtained judgments totaling in excess of $76 million against Hazelrigg, and judgments totaling more than $50 million against a company and an individual associated with Hazelrigg. (U.S. Bankruptcy Court for the Western District of Washington)
Simar Shipping Ltd. v. Global Fishing, Inc., et al.
Successfully defended a local seafood company against a $6 million breach of contract claim in an international dispute. The trial court dismissed plaintiff’s claims following a bench trial. (U.S. District Court for the Western District of Washington)
First Sound Bank v. Larasco, et al.
Successfully defended against more than $17 million in claims asserted by First Sound Bank and Wells Fargo Equipment Finance against sellers of equipment leasing business. Jury awarded more than $3.5 million to clients on their counterclaims. (U.S. District Court for the Western District of Washington)
Ennis v. MortgageTree Lending, Inc., et al.
Obtained unanimous jury verdict in favor of plaintiff Robert Ennis on conversion claim against majority shareholder of bankrupt mortgage lending business. (U.S. District Court for the Eastern District of California)
Shoreline Bank v. Timber Ridge Properties, LLC, et al.
Represented guarantors of a failed real estate development in an action brought by a lender seeking to recover $8 million. The lawsuit was settled on favorable terms during the jury trial involving the guarantors' lender liability counterclaims. (Superior Court of Washington for Snohomish County)
Hardwood Sawmill Litigation.
Management and ownership dispute involving three hardwood mills. Obtained arbitration award re-establishing majority owner's control of disputed mills and awarding damages against former manager and minority owner based on breaches of fiduciary duty. (American Arbitration Association)
Reid v. Starbucks Corp.
Asserted claims on behalf of former Director of Government Sales against Starbucks Corporation based on allegations of wrongful termination and age discrimination. The lawsuit was settled prior to trial. (Superior Court of Washington for King County)
Sahara Gaming Corp. v. Miller.
Successfully defended and settled state and federal securities fraud claims in excess of $20 million asserted against officers and directors of Mississippi gaming corporation. (U.S. District Court for the District of Nevada)
Stewart v. Nauman, et al.
Represented investors in prosecuting securities claims in excess of $1.6 million against stockbroker and his firm. Obtained favorable settlement for investors on eve of arbitration. (NASD Arbitration)
Anderson, et al. v. Thompson, et al.
Represented more than 100 investors asserting civil racketeering and securities fraud claims against the promoters and attorneys responsible for the sale of partnership interests in Washington apple orchards. Obtained a jury verdict in favor of plaintiffs following a 3-month trial in federal court in Spokane, Washington. Plaintiffs then obtained a favorable settlement on state securities law claims that were severed for trial in state court. (U.S. District Court for the Eastern District of Washington)
SmartContractor v. RightWorks Corp.
Obtained a $2.6 million jury verdict in favor of the client, SmartContractor, Inc., a Seattle start-up company in the high-tech industry whose website business failed as a result of defective software procured from a major software vendor. (Superior Court of Washington for King County)
B-Line Holdings, LLC Litigation.
Represented founder of leading provider of consumer debt purchasing, processing and recovery services in litigation with an equity fund concerning the terms on which the company could be sold. Following a two-week trial to the court, and a series of revisions to the proposed sales terms favoring the founder, the court entered partial judgment permitting sale of the company. (Circuit Court of Oregon for Multnomah County)
Fidelity Funding Company v. Estate of Eugene Horbach.
Successfully defended against fraud and RICO claims in excess of $12 million. Following one-week bench trial, obtained dismissal of all claims against the estate except a conversion claim of less than $500,000. (Superior Court of Washington for King County)
Everest Broadcasting Corp. v. Bingham Broadcasting.
Successfully defended client against breach of contract and fraud claims relating to the sale of a radio station. Obtained judgment in favor of defendants following trial in federal court. (U.S. District Court for the Western District of Washington)
Airpac, Inc., et al. v. British Aerospace PLC, et al.
Represented plaintiffs on claims for breach of warranty and misrepresentation relating to contract for sale of a commercial jet airliner. The case settled favorably during trial. (U.S. District Court for the Western District of Washington)
Mastro v. Horbach.
Represented Eugene Horbach, a Seattle developer, in an arbitration of multi-million dollar claims and counterclaims involving complex accounting and partnership issues. The arbitration award provided for a net recovery of approximately $5 million in favor of Mr. Horbach. (Private arbitration)
FedEx Kinko’s Business Stationery Print System v. Plaza at Yarrow Bay.
Obtained arbitration award of nearly $1 million for tenant in commercial lease dispute. (Private Arbitration)
Lambert v. Ackerley.
Obtained a $13 million jury verdict, including punitive damages, in favor of six employees fired by Barry Ackerley and the Seattle Supersonics for requesting overtime compensation. The trial judge reduced the punitive damages award to $4.5 million. Following cross appeals, the employees collected a judgment totaling more than $8 million. (U.S. District Court for the Western District of Washington; Ninth Circuit Court of Appeals)
Clemons v. Trans Cosmos.
Represented former executive in pursuing wrongful termination and breach of contract claims. Obtained arbitration award in favor of client including double damages and attorneys’ fees. (Private arbitration)
Nguyen v. American Seafoods Corporation.
Successful defense of class action discrimination claims. (U.S. District Court for the Western District of Washington)
Tang v. GM Nameplate, Inc.
Won jury verdict of more than $250,000 for a Chinese immigrant who was fired because she made a request for accommodation of her disability. The verdict was affirmed on appeal. (Superior Court of Washington for King County; Washington Court of Appeals)
Greco v. Merrill Lynch, Pierce, Fenner & Smith Inc.
Successful defense of former employee’s claim that Merrill Lynch wrongfully terminated his employment as a broker. (NASD arbitration)
Solomon v. Anacomp, Inc.
Successfully defended claim that client wrongfully terminated plaintiff’s employment based on racial discrimination. (U.S. District Court for the Western District of Washington)
Burkholder v. Lloyd’s.
Obtained judgment that established several million dollars of insurance coverage for corporate directors and officers defending federal securities fraud claims. (U.S. District Court for the Southern District of Mississippi)
Eriks v. Denver.
Represented defendant attorney in two cases arising out of fraud and malpractice claims in connection with the sale of interests in master sound recordings. The attorney was sued by the investors and by the promoters in separate cases. A defense judgment was returned in the promoter lawsuit. Multi-million dollar claims in the investor lawsuit were limited to a small recovery. (Superior Court of Washington for King County)
