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Hot CasesSome of Williams Kastner’s most recent cases include: Unfair Labor Practice Charges, Alleging Unlawful Hiring, Turned Back: Judd Lees, Member in Williams Kastner's Seattle office, helped four different clients recently charged by unions with violating the federal labor law governing nondiscriminatory hiring. All four cases involved the unsuccessful submission of applications by known union members to nonunion employers. With Judd's assistance, all four employers successfully convinced the Regional Office of the National Labor Relations Board that their hiring decisions were made pursuant to well-established non-discriminatory practices and procedures. The charges, involving requests for back pay and injunctive relief, were therefore dismissed. Union Withdraws Unfair Labor Practice Charge: The Regional Office of the National Labor Relations Board received a charge filed by the Carpenters' Union alleging that the termination of a known union supporter by a Williams Kastner construction client violated federal labor law. Judd Lees, chair of the firm's Labor and Employment Practice Group, successfully convinced the Regional Office that the unfair labor practice charge had no merit and the union withdrew the charge before a complaint was issued. Professional Liability Defense Verdict: John Rosendahl, Member in Williams Kastner's Tacoma office, received a defense verdict on behalf of his client related to a professional liability claim. John successfully defended two physicians, where the plaintiffs alleged that the physicians should have diagnosed a condition prior to the patient experiencing a permanently damaging and unexpected result. Plaintiffs asked the court for an award of several million follstd. John was ably assisted by Associate Elizabeth McAmis. Insurance Coverage Summary Judgment: Jerry Edmonds, Member in Williams Kastner's Seattle office, successfully prevailed on a motion for summary judgment in favor of a firm client. The case was in federal court, and related to statutory construction as applied to a claim for insurance coverage for Condominium Homeowners Associations, which had not been previously decided by a Washington court. The firm client was awarded not only full recovery of principal amount of damages sought, but also prejudgment interest and attorneys fees. Successful Appeal: Mark Myers, Member in Williams Kastner's Seattle office and Dan Ferm, Of Counsel, recently won an appeal in Thurston County v. Ostrom Farms. In the trial court, Mark obtained a summary judgment for Ostrom Farms, the state's largest mushroom grower, under Washington's Right-To-Farm statute. The Court of Appeals Division II unanimously upheld Ostroms' summary judgment dismissal. Mark and Dan were assisted by Williams Kastner Senior Associate Arissa Peterson. Region's Largest Office Lease Transaction: Seattle Member Jerry Creim successfully negotiated the lease of 290,000 rentable square feet of office space in the Rainier Plaza and Key Center Buildings in Bellevue on behalf of the tenant Symetra Financial (F/K/A Safeco Life Insurance Company). This transaction represents the region's largest office lease transaction in 2004 and will have a direct impact on future Bellevue office leasing due to the amount of space absorbed. Successful Acquisition: Williams Kastner Seattle attorneys, including Susan Lehr, Arley Harrel, Jerry Edmonds and Claire Hur, successfully negotiated and closed a multi-million dollar sale of a client company to a Swiss corporation. Over the course of the transaction, Williams Kastner lawyers helped the shareholders obtain their price and quite favorable terms, while structuring the transaction to minimize tax effects to the shareholders. Summary Judgment in Insurance Case: Williams Kastner Seattle attorneys Jerry Edmonds, Jeff Johnson and Teena Killian won a summary judgment motion on behalf of a firm client. The defendant had refused to pay the $1 million in life insurance proceeds after the client's husband was killed in an helicopter crash during a sight-seeing flight. Federal Judge James Robart, in one of his first decisions since taking the bench, granted Williams Kastner's motion and denied the defendant's cross-motion for summary judgment. Successful Trial Result in Asbestos Litigation: Jeff Wolf, Member in Williams Kastner's Seattle office, recently obtained a successful trial result in a product liability case he tried in Los Angeles, California. Plaintiff alleged that exposure to asbestos fibers contained in the client's product caused plaintiff's terminal disease. At the commencement of trial, plaintiff's counsel issued a seven-figure settlement demand to the client. After a trial lasting 3-1/2 weeks and three days of juror deliberations, Jeff obtained a five-figure net plaintiff verdict. Jeff was supported by Williams Kastner Members Joe Just and Jan Kirkwood, and Of Counsel David Shaw. Supreme Court Appeal: Williams Kastner Member Mary Spillane was successful in an appeal decided recently by the Washington Supreme Court on behalf of a firm client. The Court held that, under Washington law, parents may not maintain an action for the death or injury of an adult child unless they were financially dependent on the adult child for support. Successful Acquisition Closing: Williams Kastner attorneys Debora Juarez, Jerry Creim and Claire Hur handled the $124.5 million acquisition of Sierra Design Group by Alliance Gaming, the parent company of Bally Gaming & Systems. Williams Kastner serves as Alliance's local counsel on all state and tribal regulatory and contract matters. Vehicular Homicide Defense Verdict: Williams Kastner Members David Wiley and Rod Umberger successfully defended their client charged with four counts of vehicular homicide after the state patrol and district attorney's office determined that the client’s driver likely had fallen asleep at the wheel before crashing into the rear of numerous cars on the interstate. After nearly 3 weeks of trial, the jury deliberated less than one hour and never looked at the exhibits before returning a not-guilty verdict. Personal Injury Summary Judgment: Ellen Voss, Associate in Williams Kastner's Portland office, obtained a summary judgment in a federal court case involving personal injuries which occurred on a trail ride when the plaintiff fell off a horse. The judge's decision was based on 1) an Oregon statute applying to "equine activities" and 2) a waiver document signed by the plaintiff before the ride. Second Defense Verdict in Asbestos Litigation: Williams Kastner attorney David Shaw received another defense verdict for a firm client in a matter in which the plaintiff claimed that his cancer was caused by toxic exposure to the client's products, and sought more than $8 million in damages. After two weeks of trial, the jury returned a defense verdict in less than two hours. Dave was supported by local counsel Jennifer Judin of DeHay and Elliston, Dallas, Texas and Williams Kastner Member Joe Just. This represents Williams Kastner's fifth defense verdict out of five trials in the last 10 months. Technology Matter Defense Verdicts: Williams Kastner Members Rod Umberger and Dana Ferestien represented a technology client and its CEO in a fraud, securities, and breach of contract lawsuit brought by a Seattle startup company with backing from several venture capital firms. The plaintiff asked the jury for more than $20 million plus punitive damages (California law applied). The jury returned defense verdicts in favor of the client on all fraud and securities/investment claims, and returned a verdict in favor of the plaintiff on one of the software licensing agreement breach of contract claims. The parties settled that claim for a modest amount. Favorable Mediation Settlement: Williams Kastner Members Sheryl Willert, John Knox, Jo Vestal and Jeff Wolf obtained a favorable settlement for their client Labor Ready in its litigation with the company's former CEO and others. |






