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Class Actions

TMD’s class action lawyers prosecute class and collective action cases on behalf of employees, consumers, investors, and other individuals against defendants ranging from small local businesses to Fortune 500 companies. Although TMD is located in Seattle, class action lawyers Beth Terrell, Toby Marshall and Jennifer Murray work with co-counsel nationwide to vindicate their clients’ rights. TMD is currently prosecuting class actions here in Washington against corporate giants such as Wal-Mart, Microsoft, and Best Buy.

Current Wage and Hour Class Actions

Lettic v. Spectrum Glass Co., Inc. – Co-lead counsel for a proposed class of hundreds of employees who allege Spectrum Glass has failed to pay them for all hours worked, including overtime, has failed to pay them as promised for holidays, and has failed to provide them with proper rest and meal breaks.

Ramirez v. Precision Drywall, Inc. – Co-lead counsel for a proposed class of hundreds of employees who allege Precision Drywall failed to pay them for overtime work, failed to provide required meal and rest breaks, and forced them to rebate a portion of each paycheck in cash to the company. Read the press release.

Barnett et al. v. Wal-Mart Stores, Inc. - Terrell Marshall & Daudt PLLC and Wal-Mart jointly announce that they have reached a settlement of Barnett v. Wal-Mart Stores, Inc. Read the Washington Press Release.

The settlement provides for payment of up to $35 million to the 80,000 current and former hourly Wal-Mart employees who worked for Wal-Mart in Washington state since September 10, 1997.

Plaintiffs’ counsel plan to ask the court to grant preliminary approval of the settlement in early February.

Read the National Press Release.

Listen to the NPR interview with Beth Terrell.

For more information, visit www.walmartwageswa.com.

Telecommunications Company Class Action - Negotiated settlement on behalf of hourly paid employees of a major telecommunications company who alleged that their employer failed to provide them with meal and rest breaks, did not pay them for all hours worked, and improperly deducted uniform and tool expenses.

McGinnity v. AutoNation, Inc. - Obtained $2.34 million arbitration award in class action brought on behalf of more than 500 employees who were deprived of their earned paid vacation benefits while working at various AutoNation dealerships in Washington. The arbitration award requires AutoNation to pay damages, prejudgment interest, costs and attorneys’ fees. For more information, visit www.vacationpaylawsuit.com.

Frey v. 3PD, Inc. – Represents a proposed class of delivery drivers who are improperly classified as independent contractors. As a result of this misclassification, the employees are denied overtime in violation of Washington’s wage and hour laws.

Khadera v. ABM Industries, Inc. – Represents a proposed class of janitors who seek compensation for unpaid overtime and meal and rest break violations.

Current Consumer and Product Defect Class Actions

Vernon v. Qwest International, Inc. et al. - Co-lead counsel for a proposed class of Qwest internet service customers. The lawsuit seeks to void a $200 "Early Termination Fee" Qwest charges customers who cancel their service before expiration of of a purported term commitment, generally two years. Read the press release. Read the Wall Street Journal Article.

Court v. Tyson Food, Inc. – Plaintiffs counsel representing a proposed class of Washington consumers who purchased Tyson chicken that had been misrepresented as “raised without antibiotics.”

Odom et al. v. Microsoft, Inc. and Best Buy Stores, Inc. - Co-lead class counsel for a nationwide class of over 300,000 consumers alleging that defendants violated the Washington State Consumer Protection Act when they charged consumers for MSN internet services they never used.

Carideo et al. v. Dell, Inc. – Represents a proposed class of consumers who purchased defective Inspiron laptop computers.

Onstar Multi-District Litigation – Co-counsel representing a proposed nationwide class of consumers who purchased analog On-Star devices which General Motors and On-Star failed to disclose would become obsolete.

Other Current Class Actions

Taber et al. v. OPT PLLC – Represents a class of female patients who were sexually harassed and abused by a physical therapist.

Class Action Settlements

Godfrey v. Chelan County P. U.D. - Negotiated six-figure settlement on behalf of certified class of 80 employees. District court granted final approval in July 2008. Payment to the Class represents more than maximum recovery available under law on majority of claims. For more information, visit www.chelanpudclassaction.com.

Exempt/Non-exempt Action Against National Communications Company - Obtained certification of a nationwide collective action of current and former employees of a major wireless telecommunication carrier that had been allegedly misclassified as exempt from wage and hour laws. The parties reached a $2 million settlement of the case.

Godfrey v. Chelan County P. U.D. - Obtained certification of a class of 81 employees seeking recovery of wages for unpaid shift-turnover time. Class counsel negotiated a six-figure settlement for the class.

Godoy et al. v. AT&T Wireless Services, Inc. - Co-lead class counsel representing a class comprised of 5 million AT&T Wireless customers alleging that AT&T Wireless engaged in consumer fraud when it failed to pro-rate customers' bills when they terminated their accounts. The class claims ultimately settled for $47 million.

Splater et al. v. Plasco et al. - Co-lead class counsel for a class of Washington consumers whose homes contain defective Plasco tubing. Negotiated a seven figure settlement on behalf of the class.

American Cemwood Roofing Products - While at Tousley Brain Stephens PLLC, TMD Member Beth Terrell served as co-lead counsel in a multi-state class action regarding the manufacture and sale of cement-fiber roofing products. This class action was filed in the Superior Court of the State of California in and for San Joaquin County. In May 2000, the court approved a $105 million partial settlement with Weyerhaeuser Company Limited and MacMillan Bloedel Limited, the parent companies of American Cemwood Corporation. In November 2003, the court gave final approval to a second $83 million settlement against American Cemwood Corporation and its insurance companies.

Behr Wood Sealants - While at Tousley Brain Stephens PLLC, TMD Member Beth Terrell served as co-lead counsel in a class action against Behr Wood Sealants, which settled in 2003 creating a national settlement fund to compensate on a claims-made basis damaged class members who applied the allegedly defective sealant to their homes and other structures.

Weyerhaeuser - While at Tousley Brain Stephens PLLC, TMD Member Beth Terrell served as co-lead counsel in this product liability class action against Weyerhaeuser Company in San Francisco County Superior Court, which settled on a “claims made” basis which Weyerhaeuser values at approximately $85 million.