TMD News

TMD files Title IX suit with Legal Voice against Gonzaga University
TMD and Legal Voice filed a Title IX suit in federal court alleging that Gonzaga's failure to respond appropriately to Jane Doe's report of sexual assault violated her federal right to equal access to education.

Ms. Doe was a sophomore at Gonzaga when she was raped by a fellow student. After she reported the assault, the school failed to take steps to adequately protect her from further contact with her assailant, so Ms. Doe was forced to seek a court Order of Protection. Rather than enforce the order, the school delayed the university grievance hearing on her claims that her assailant violated Gonzaga's sexual misconduct and ethics codes, refusing to schedule it until she had jumped through procedural hoops.

"When a student is sexually harassed or assaulted on campus, it has a devastating effect on her educational experience as well as her personal life," said Janet Chung, an attorney at Legal Voice and co-counsel for Ms. Doe. "Schools that act with deliberate indifference to sexual assaults are violating Title IX, which protects students from discrimination based on sex."

TMD Member Beth Terrell, stated, "We hope Ms. Doe's lawsuit will bring about changes that can help survivors of sexual harassment and assault get the support and appropriate investigations that they deserve from their campuses and the educators responsible for them."
Read the press release.
TMD is pleased to announce that Kimberlee L. Gunning has joined the firm as a Member
Kim concentrates her practice on complex civil litigation and appeals, with a focus on consumer class actions, commercial litigation and business torts, employment law, and appeals in all areas of civil and administrative law. She is a graduate of Macalester College (B.A., magna cum laude and Phi Beta Kappa), Rutgers University (M.A.) and the University of Washington Law School. Before joining Terrell Marshall & Daudt PLLC, she maintained a solo practice in Seattle.
TMD obtains jury verdict in wage and hour class action
Ramirez v. Precision Drywall, Inc., — Obtained jury verdict on behalf of 325 drywall workers whose employer deprived them of overtime pay and made unlawful deductions from their pay. Class members will receive double their actual damages plus interest. Precision Drywall and its owners and officers were ordered to pay attorneys’ fees (with a multiplier) and costs separately. The total judgment is currently valued at more than $4.2 million.
TMD files consumer class action against Qwest for reneging on “Price for Life” guarantee
Read the Press Release.
Terrell Marshall & Daudt PLLC is pleased to announce that
Marc C. Cote has joined the firm as an associate
Marc concentrates his practice on employment law and consumer class actions. He was recently selected to the Washington Rising Stars list after his first year of practice. Marc graduated with high honors from the University of Washington School of Law and served as a law clerk for Justice Walter L. Carpeneti of the Alaska Supreme Court.
Supreme Court rejects defendants' appeal and affirms judgment valued at more than $2.6 milion - class members expected to receive payments by the end of 2009
On September 8, 2009, the Washington State Supreme Court rejected AutoNation, Inc.’s petition for review of a Court of Appeals decision that unanimously affirmed a $2.6 million judgment against AutoNation on behalf of a class of more than 500 current and former employees who were wrongfully deprived of paid vacation benefits. Toby Marshall of Terrell Marshall & Daudt PLLC represents the Class along with Matthew Zuchetto of the Scott Law Group, PS. Class counsel expect that payments to Class members will be issued by the end of 2009, most likely in November. Class members can find additional information regarding the lawsuit at www.vacationpaylawsuit.com.

Read the KOMO Press Release.

Read the KREM Press Release.

Read the Q 13 Press Release.

Read the Seattle PI Press Release.

For Spokesman Review please click here.
Wal-Mart Class Action Settlement Granted Final Approval
On July 20, 2009 King County Superior Court Judge Julie Spector granted final approval to the settlement of over 88,000 claims of current and former Wal-Mart employees in Washington State. The Class Members alleged that they had experienced wage and hour violations, including missed meal and rest breaks, insertion of meal breaks, improper editing of time cards, and working off the clock. Congratulating both sides for their excellent legal advocacy, Judge Spector ruled that the settlement is fair, adequate, and reasonable, overruled any objections and signed the Order. TMD member Beth Terrell addressed the Court and recommended approval of the settlement, noting that it was the culmination of eight years of “blood, sweat, and tears,” and that Class Counsel is very proud of the result. TMD member Toby Marshall also attended the hearing. Class Members have until August 19, 2009 to submit their claims forms. If you are a member of the Class and have questions or would like to request a claim form, please visit the website at www.walmartwageswa.com
or call the Claims Administrator at 1.877.867.6208.

Please click here to view the Order.

Read the Press Release.

Listen to Walmart settlement on NPR here.
TMD files class action alleging Amazon Kindles are defective
On July 14, 2009 Terrell Marshall & Daudt filed a class action lawsuit against Amazon.com on behalf of consumers who purchased defective Kindle 2 or Kindle DX devices, Amazon’s electronic book reader, and installed them in Kindle covers designed by Amazon. Lead Plaintiff Matthew Geise alleges that the protective cover caused his Kindle to crack at the points where the cover attaches to the device. The cracks eventually caused the LCD screen to freeze and the device stopped working. Amazon refused to repair the Kindle under the terms of the warranty and instead wanted to charge $200.00 for a refurbished replacement unit.

To read more about this lawsuit, click on the links below.

Class Action Complaint filed July 14, 2009

Class Action Suit Filed Over Kindle, by Brier Dudley, The Seattle Times , July 15, 2009

Click here to see photos of a cracked Kindle

Potential class members interested in becoming involved in the lawsuit can email TMD at kindleclassaction@tmdlegal.com
Wal-mart
On May 13, 2009, The Honorable Julie Spector granted preliminary approval of the class action settlement agreement submitted by the parties in the matter of Barnett et al. v. Wal-Mart Stores, Inc.. Notice of the settlement, along with claim forms, will be mailed to the more than 80,000 class members in Washington State at the end of May. Class members will have until August 19, 2009 to submit a claim form to the claims administrator. The final approval hearing for the settlement is scheduled for July 20, 2009.

To request a notice packet, please contact the claims administrator at:
1-877-867-6208.

For more information regarding the lawsuit, including links to case documents, please visit the settlement website: www.walmartwageswa.com
UltraPex
On May 15, 2009, The Honorable Chris Washington granted preliminary approval of the class action settlement agreement submitted by the parties on behalf of class members in Splater, et al. v. Thermal Ease Hydronic Systems, Inc., et al. Included as class members are all individuals and entities that own or owned homes or other structures in the state of Washington in which UltraPEX Tubing is or has been installed. Notice packets explaining the settlement terms and claims process will be mailed to class members by the Independent claims administrator in June. Class members are asked to register immediately with the claims administrator, regardless of whether they intend to submit a claim at this time. If the Court grants final approval of the settlement, Class members who have already spent money to replace failed UltraPEX Tubing will be required to submit their claims for reimbursement within six months of the Court’s decision. Class members who have not yet experienced a failure will have eight years to request an inspection or submit a claim for a qualifying future failure.

The final approval hearing for the settlement is scheduled for July 31, 2009.

To request a notice packet, please contact the claims administrator at:
1-888-404-8013
Precision Drywall
On April 29, 2009, the Honorable Michael Trickey granted Plaintiffs’ motion for class certification in the case of Ramirez et al. v. Precision Drywall, Inc. et al. There are approximately 325 employees in the certified class, which includes all current and former non-managerial hangers and tapers employed by Precision Drywall, Inc. in the State of Washington since August 1, 2005. Plaintiffs allege Precision Drywall failed to pay the class members for overtime hours worked, failed to provide the class members with mandatory rest and meal periods, failed to compensate the class members for all of the piecework they produced, and made unlawful deductions to the class members’ wages. Plaintiffs anticipate that notice of the action will be mailed directly to class members in late June or early July 2009.
TMD’s Beth Terrell Elected Chair of Pacific Coast Labor & Employment Law Conference Planning Committee
Beth Terrell of TMD has been elected to Chair the 2010 Pacific Coast Labor & Employment Law Conference Planning Committee. The Pacific Coast Labor & Employment Law Conference is sponsored by the King County Bar Association’s Labor & Employment Law Section. The 2009 conference will be held on June 4 and 5th.

To learn more about the conference or to register, please visit www.pacificlaborlaw.com
TMD’s Beth Terrell to speak on Consumer Protection Act at WSAJ "Early Years of Litigation Practice" on June 25, 2009.
Click here for more details and registration form.
Court of Appeals Affirms $2.5 Million Judgment Obtained by Terrell Marshall & Daudt and The Scott Law Group on Behalf of AutoNation, Inc. Employees in Washington State
On March 12, 2009, the Washington State Court of Appeals unanimously affirmed a judgment against AutoNation worth $2.5 million (with interest) on behalf of a class of more than 500 employees who were wrongfully deprived of paid vacation benefits. Toby Marshall of TMD represented the Class along with Matthew Zuchetto of The Scott Law Group, P.S.

Click here for a copy of the decision by the Court of Appeals.
Beth Terrell Appointed to WELA’s Board of Directors
Beth Terrell of TMD has been appointed to the Board of Directors of the Washington Employment Lawyers Association. Ms. Terrell will be serving as the Programs Chair.

WELA’s mission is to enforce and advance employee rights. To learn more about the association, visit www.welaweb.org
TMD Obtains Final Approval of Settlement in Consolidated Wage & Hour Class Actions
On March 2, 2009, the U.S. District Court for the Western District of Washington granted final approval of a multi-million dollar settlement obtained on behalf of 2,400 current and former employees of a major telecommunications company. The employees, who worked in Washington and Oregon, were represented by Beth Terrell, Toby Marshall and Jennifer Murray of TMD and Jon MacLeod of MacLeod LLC.

For more information click here
U.S. District Court Finds TMD Clients Can Proceed Under “Deliberate Intention” Exception to Worker’s Compensation Immunity
On February 27, 2009, the U.S. District Court for the Western District of Washington denied Defendant Praxair’s motion to dismiss the personal injury and loss of consortium claims of Plaintiffs Owino and Nema Katanga, holding Plaintiffs can proceed against the former employer under the “deliberate intention” exception to worker’s compensation immunity. Mr. Katanga was substantially injured two years ago by an explosion that occurred in the workplace, and he alleges Praxair willfully failed to prevent that explosion. The Katangas are being represented by Toby Marshall and Beth Terrell of TMD.
TMD Joins with Arias Ozzello & Gignac, David R. Greifinger, and Howard A. Goldstein in Lawsuit Against Microsoft
In this proposed class action, Plaintiff Emma Alvarado alleges Microsoft has engaged in unfair and anti-competitive business practices by requiring consumers to purchase licenses to use Vista Business or Vista Ultimate operating systems even though the consumers have chosen to downgrade to the Windows XP Professional operating system. Ms. Alvarado alleges consumers have been forced to pay inflated prices for computers as a direct result of Microsoft’s requirement that two operating systems be purchased for the same computer, and she seeks damages and injunctive relief.
Terrell Marshall & Daudt PLLC is pleased to announce that
Erika L. Nusser has joined the firm as an associate.
Erika is a 2008 graduate of the University of San Francisco School of Law.

Erika plans to focus on sexual abuse, personal injury, employment and consumer fraud litigation.
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.

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