Trial Counsel for:

Multi-Party Complex Litigation

In 2003, the United States District Court entered a $247,000,000 judgment against Mr. Jain, the former chairman and CEO of InfoSpace, for violation of Section 16(b) of the 1934 Exchange Act. Mr. Jain subsequently commenced an action against InfoSpace and its D&O liability insurers for indemnity. We represent Chubb Custom Insurance Company. Pending. Naveen Jain v. General Star, et al., USDC, Western District of Washington

An individual in the action commenced by the Federal Equity Receiver alleging that our client and others were members of the Znetix Board of Directors who, the Receiver contends, should have intervened and discovered that Kevin Lawrence, the Chief Executive Officer, and other officers had allegedly misappropriated more than $50,000,000 of Znetix funds. Pending. Grassmueck v. Michael Johnson, Kareem Abdul Jabarr, et al., USDC, Western District of Washington

James Allen Hendrix was the father of Jimi Hendrix who died intestate in 1970. Mr. Hendrix inherited the Jimi Hendrix Legacy. Following Mr. Hendrix's death in April 2002, Leon Hendrix and three beneficiaries have commenced actions alleging that the Executrix and Trustees unduly influenced Mr. Hendrix' estate plan. After an 8 week trial, the Court entered a decision denying the will challenge. In Re Revocable Living Trust and Estate of James Allen Hendrix, King County Superior Court, Seattle, Washington

In 2000, classes of contract employees settled their employee benefit (stock options) claims against Microsoft for an amount in excess of $90,000,000. We represent the insurer against whom Microsoft commenced a declaratory judgment action seeking coverage and indemnity for a significant portion of that settlement. Settled. Microsoft Corporation v. Insurance Co., USDC, Western District of Washington

Owner of an aluminum plant that employed 26 workers who alleged that exposure to putative toxins emitted from the reduction "pots" caused their development of an alleged neurodegenerative disease. After two-month jury trial. Settled. Foss v. Alumax Inc., et al., USDC, Western District of Washington

Project engineer in several related state and federal actions as well as an arbitration proceeding in Ohio arising from the design/management of the construction of a $100,000,000 electrical distribution system throughout the eastside of Cleveland. Settled. Cleveland Electric Utility Litigation, USDC, Northern District of Ohio; Cuyahoga County, Ohio; AAA Arbitration

Communications & Commerce, LLC, which operated several call centers for VoiceStream Wireless in a multimillion breach of contract action arising from the abrupt termination of call center contracts in Utah, Pennsylvania and Indiana. Settled. Voicestream Wireless v. Communications & Commerce, et al., USDC, Western District of Washington

Turf Stabilization in an action for breach of warranties and rescission of a $3,000,000 asset purchase agreement in which the United States Patent & Trademark Office invalidated the acquired patents of artificial professional athletic field turf two years after the acquisition. Pending. Turf Stabilization Technologies, Inc. v. Bergevin, et al., USDC, Western District of Washington

One of nine insurers against whom Microsoft filed a declaratory judgment action seeking defense and indemnity for the more than 150 civil antitrust complaints filed against the company following entry of the judgment in United States v. Microsoft. Summary Judgment, 2001; Affirmed, 9th Circuit Court of Appeals. Microsoft Corporation v. Insurance Companies, USDC, Western District of Washington

Consulting engineer who is one of multiple defendants in an adversary proceeding to recover more than $130,000,000 to finance the design and construction of a mixed waste paper mill in Hagerstown, Maryland. Settled. Hagerstown Fiber Limited Partnership v. Carl C. Landegger, et al., USDC, Southern District New York

The School District asserted a claim against Merit, the general contractor, which constructed the Woodward Middle School in 1994. The District alleged that Merit and its subcontractors are liable to reimburse it for approximately $5,000,000 in expenses it would incur to tear down and reconstruct the exterior walls of the school building. Settled. Bainbridge Island School District#303/Merit Company, Inc., et al., King County Superior Court, Seattle, Washington

The City commenced an action against Coltec and R.W. Beck for reimbursement of several million dollars of damages arising from the allegedly deficient design, manufacture and construction of twin diesel electrical generation engines constructed on Stock Island in Key West Florida. Dismissed. City of Key West v. Colt Industries, Inc., et al., USDC, Southern District of Florida

Manufacturer of a component on the Cessna Citation jet aircraft landing gear system against the multi-million dollar claim by Cessna for reimbursement of the costs of retrofitting the fleet with new landing gear actuators. Settled. Cessna Aircraft Company v. Teijin Seiki America Co., Inc., et al., AAA Arbitration; USDC, District of Kansas

Attachmate Corporation in a multi-million dollar securities fraud action arising from an alleged failure to disclose information concerning employee stock options. Settled. DeBriae v. Attachmate Corporation, et al., King County Superior Court, Seattle, Washington

Design engineer against MWRA's $50,000,000 damage claim arising from the design and construction of an electrical co-generation plant to power a sewage treatment facility in Boston Harbor. Settled. Massachusetts Water Resources Authority v. R.W. Beck, Inc., et al., Suffolk County, Commonwealth of Massachusetts

Designer of a natural gas flaring system for the Central Gas Facility in Prudoe Bay, Alaska in a multi-million dollar breach of contract action. Arbitration proceedings in Japan and related civil action in Texas ultimately were settled. Ishikawajima-Harima Heavy Industries v. John Zink Co., JCAA Arbitration, Tokyo, Japan; District Court, Dallas County, Texas

Class Action

The University of Washington in a class action by certain State Penitentiary inmates who participated in a consensual medical study and alleged that the University investigators failed to disclose risks of cancer in violation of their constitutional rights. Settled. White, et al. v. University of Washington, et al., USDC, Eastern District of Washington

Trustee of an ERISA employee benefit plan in a Department of Labor proceeding and a private class action on behalf of trust beneficiaries alleging failure to discover the allegedly fraudulent mismanagement of several pension, health and welfare plans by Capital Consultants, LLC resulting in alleged losses of more than $300,000,000. Settled. Schultz, et al. v. Kirkland, Capital Consultants, LLC, et al., Capital Consultants, LLC, et al., U.S. District Court, District of Oregon

Jefferson Smurfit against consumer plaintiffs who commenced a multi-million dollar class action against our client asserting that the sale of its vertical strand board siding breached expressed warranties and violated states' consumer protection acts. Settled. Cave-Woods, et al. v. Jefferson Smurfit, et al., King County Superior Court, Seattle, Washington

Insurance company against claims by an alleged class of several thousand insureds who sought reimbursement of attorneys' fees associated with reimbursement of personal injury protection subrogation payments. Settled. Mallari-Singh v. Progressive, King County Superior Court, Seattle, Washington

Insurance company against the alleged class of several thousand insureds who asserted that the use of non-original equipment crash parts in repairs to vehicles breached their insurance contracts and was a violation of the Washington Consumer Protection Act. Dismissed. Aguilar v. Progressive, King County Superior Court, Seattle, Washington

Product Liability

Manufacturer of turbine engine components which allegedly caused the crash of a deHavilland Twin Otter near Panama City, Panama. Cases were filed on behalf of 18 decedents in Washington and Panama. After extensive discovery involving technical metallurgical issues, our clients achieved a nominal settlement of all Washington cases. Ashlock, et al. v. Delavan, et al., King and Pierce County Superior Courts, Washington; Republic of Panama

Israel Aircraft Industries, Ltd. against claims that alleged deficiencies in the design of the horizontal stabilizer trim actuator assembly caused the crash of a Westwind 1124A jet aircraft. Defense Judgment. Appeal Pending. LaHaye v. Israel Aircraft Industries, Ltd., USDC, Western District of Washington

Teijin Seiki against claims by Executive Jet concerning the side brace actuators in the main landing gear assemblies of certain Cessna jet aircraft. Settled. Executive Jet Sales, Inc. v. Teijin Seiki America Co., Inc., et al., USDC, Western District of Washington

Smith & Wesson against plaintiff's decedent-husband, a law enforcement officer, who was killed while cleaning his service revolver. Plaintiff claimed that the revolver had discharged because it was defectively designed without a safety. Defense verdict. Price v. Smith & Wesson, King County Superior Court, Seattle, Washington

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