Chris Brain and Kim Stephens to Speak on Real Estate Workouts and Remedies

March 1, 2010

Two TBS attorneys will speak at a workshop on commercial real estate workouts and remedies at the Red Lion Hotel in Seattle on April 28, 2010. Mr. Stephens will address special issues arising from condemnation disputes in a weak market. Mr. Brain, co-chair of the event, will discuss foreclosure issues. If you're involved in the commercial real estate market, you will want to attend this seminar. For additional information, click here.

Breard and Associates Wealth Management Investigation

February 25, 2010

Tousley Brain Stephens is investigating losses incurred by investors who entrusted their hard-earned money to Rhonda Breard, the popular Eastside broker who until mid-February was registered with ING Financial Partners, Inc. TBS Attorneys Janissa Strabuk and David Hoff represent an investor who lost more than $600,000 that she had entrusted to Ms. Breard and ING. For more information, click here.

Improper "Data Use" Charges by Verizon and Other Wireless Service Providers

January 13, 2010

TBS is investigating claims that Verizon and other cellular wireless providers are overbilling customers for data use, text messages and other services, including billing for data use when pre-programmed keys on their phones accidentally launch a web browser. Improper data use charges can result from a variety of deceptive and unfair billing practices. For more information, click here.

2009

Tousley Brain Stephens Appointed Local and Liaison Counsel for Lead Plaintiff in Securities Class Action Against WaMu

October 23, 2009

Judge Marsha Pechman of the United States District Court for the Western District of Washington today appointed Tousley Brain Stephens as local and liaison counsel for the lead plaintiff in a consolidated class action alleging violations of state and federal securities laws by the former bank and several affiliated entities. The case is entitled Boilermaker's National Annuity Trust Fund et al. v. WaMu Mortgage Pass Through Certificates et al.

TBS Attorneys Obtain Court Invalidation of Construction Lien and Award of Attorneys Fees and Costs for Owner of Assisted Living Facility

September 28, 2009

A TBS client recently came to the firm asking for help in invalidating a construction lien that was seriously delaying the client's construction and remodeling of its assisted living facility. TBS attorneys Paul Moomaw and David Hoff moved to have the lien invalidated on the grounds that it was frivolous and made without reasonable cause. King County Superior Court Judge Barbara Mack agreed, granting all the relief the client sought. Judge Mack ordered the $308,000 lien released and awarded attorneys' fees and costs to our client for defending the lien claim.

Chinese Drywall Investigation

July 31, 2009

We are currently investigating complaints regarding drywall (also called gypsum board) manufactured in China for the German firm Knauf International GmbH for installation in the interior walls of new homes as well as for repairs and remodels. For more information, click here.

Court Grants Preliminary Approval of Settlement in Trex Class Action; Tousley Brain Stephens PLLC Serves as Co-Counsel

July 31, 2009

On July 30, 2009, the U.S. District Court for the Northern District of California granted preliminary settlement approval and certified a settlement class in Ross et al. v. Trex Company. The case involves decking and railing products manufactured by Trex which are alleged to develop surface flaking and delamination. A hearing on final approval is set for October 30, 2009.

Blood Reagent Products Investigation

July 24, 2009

Tousley Brain Stephens PLLC is investigating allegations of price-fixing in the blood reagent industry. Blood reagents are used by hospitals, blood banks, labs and blood donor centers to test for blood type and antibodies before transfusions. They are manufactured by Immucor and by Ortho-Clinical Diagnostics, a subsidiary of Johnson & Johnson. For more information, click here.

Court Approves Wal-Mart Wage and Hour Class Action Settlement; TBS Served as Co-Lead Counsel

July 20, 2009

The Honorable Julie Spector granted final approval to a class action settlement between Wal-Mart and more than 80,000 current and former Wal-Mart employees in Washington State. The approval ends the hard fought, eight-year-long litigation in a case alleging that Wal-Mart violated Washington's wage and hour laws. TBS served as co-lead counsel.

"We are pleased that the Court found the settlement fair, reasonable, and adequate, and that class members will receive the compensation provided for in the settlement agreement," said Tousley Brain Stephens member Janissa A. Strabuk.

Class members have until August 19, 2009, to submit a claim form to the claims administrator. To request a form, please contact the claims administrator at 1-877-867-6208. For more information, class members can visit the following website: walmartwageswa.com.

Tousley Brain Stephens Negotiates Settlement Requiring Payment of $10,000 into LAW Fund

June 30, 2009

TBS attorneys recently negotiated a settlement which included a provision for a cy pres payment of $10,000 into the Legal Aid for Washington Campaign for Equal Justice, or LAW Fund. The LAW Fund, which helps provide legal counsel for Washington residents who are facing serious financial difficulties such as foreclosures, evictions, and bankruptcy, also aids women and children in abusive situations, and helps returning Iraqi War veterans receive their earned benefits.

TBS Attorneys encourage others to support the LAW Fund. To learn more about the LAW Fund and the Campaign for Equal Justice, go to http://www.legalaidforwafund.org or read the article at http://www.wsba.org.

Four Tousley Brain Stephens Attorneys Honored as Best Lawyers®

June 3, 2009

Tousley Brain Stephens is honored to have four of its attorneys listed in the Puget Sound Business Journal's special publication, The Best Lawyers® in the Seattle Area 2009. Honorees were selected for this exclusive publication by Best Lawyers®, one of the most respected and preeminent guides to the best lawyers in America for over 25 years. Through rigorous peer review, Best Lawyers® sets the gold standard for integrity and reliability as an unbiased source for legal referrals. Please join us in celebrating our honorees, Christopher I. Brain, David D. Hoff, Kim D. Stephens and Russell F. Tousley.

Court Grants Preliminary Approval to Settlement in Wal-Mart Class Action

June 2, 2009

The King County Superior Court has granted preliminary approval to the settlement of the almost eight-year-long class action case against Wal-Mart Stores, Inc. for violation of Washington's wage and hour laws. TBS served as co-lead counsel to the class in the case. Notice of the settlement, along with claim forms, has been mailed to more than 80,000 class members. Class members have until August 19, 2009 to submit a claim form to the claims administrator. To request a notice packet, please contact the claims administrator at 1-877-867-6208.

A final approval hearing has been set for July 20, 2009.

For more information, class members can visit the following website: walmartwageswa.com

New Associates Join Tousley Brain Stephens

May 6, 2009

Tousley Brain Stephens PLLC welcomes two new associates, Adrienne D. McEntee and Jennifer Denneny. Ms. McEntee joins us from the King County Prosecutors Office where she was a deputy prosecuting attorney for five years. While at the Prosecutors Office, she tried dozens of cases and argued before the Washington State Court of Appeals. She earned JD and LLM degrees from the University of Washington.

Ms. Denneny clerked for the Honorable Susan Ehrlick of the Arizona Court of Appeals and the Honorable Marywave Van Deren of the Washington Court of Appeals, Division II. In 2003, she earned her JD from the University of Arizona, James E. Rogers College of Law.

TBS Attorneys to Speak at Commercial Real Estate and Remedies Workshop on June 22, 2009

May 4, 2009

TBS Attorneys Christopher I. Brain and Kim D. Stephens will again speak at the annual Commercial Real Estate Workouts and Remedies workshop at the Renaissance Hotel in Seattle on June 22, 2009. Mr. Brain will discuss restrictive covenants and easement disputes, and Mr. Stephens will cover condemnation matters. For more information or to sign up for the workshop, contact Law Seminars International at www.lawseminars.com or (800) 854-8009.

TBS Settles Case Involving Employment of Sex Offender

April 28, 2009

In Copeland v. Brentlinger et al., TBS attorneys Kim D. Stephens and Paul W. Moomaw successfully represented Ms. Copeland in her claims against the Washington State Department of Corrections, a property management company, her landlord, and the employer of a convicted sex offender who, as a maintenance man, assaulted Ms. Copeland in her apartment. The case recently settled before trial for $475,000.

Tousley Brain Stephens Negotiates Settlement Requiring Defendant Pay $50,000 into LAW Fund

March 18, 2009

TBS attorneys recently negotiated a class action settlement that required the defendant to pay $50,000 to the Legal Aid for Washington Campaign for Equal Justice, or LAW Fund. The LAW Funds helps Washington residents who are newly poor and are facing homelessness due to foreclosures, evictions, and bankruptcy, in addition to protecting women and children from abuse, and helping returning Iraqi War veterans receive their earned benefits.

The United States District Court for the Western District of Washington incorporated the required payment of cy-près funds into its final judgment entered January 14, 2009, in a class action lawsuit litigated against EchoStar Communications Corporation. TBS attorneys represented Washington residents who received solicitations for Echostar's "DISH Network" products or services via an automatic dialing and announcing device in violation of Washington law.

"In these difficult economic times, we at Tousley Brain Stephens believe it is particularly important to give back to our community and help support our fellow Washingtonians who are facing serious financial issues and who cannot afford a lawyer to protect their rights," said TBS member Kim Stephens, lead counsel for the class.

TBS Attorneys encourage others to support the LAW Fund. To learn more about the LAW Fund and the Campaign for Equal Justice, go to http://www.legalaidforwafund.org or read the article at http://www.wsba.org/.

Federal Court Approves Settlement Between Telecommunication Company and its Washington and Oregon Employees

March 3, 2009

On March 2, 2009, U.S. District Court Judge James L. Robart gave final approval to a class action settlement between a telecommunication company and 2,300 hourly employees in Washington and Oregon who alleged the company had systematically violated wage and hour laws by, among other actions, failing to pay them for overtime and off-the-clock work, and denying them rest and meal breaks. Tousley Brain Stephens PLLC served as co-lead counsel.

TBS Attorneys Assist Real Estate Clients in Economic Downturn

January 17, 2009

TBS attorneys routinely represent companies in connection with foreclosures, and in negotiating senior, second lien and mezzanine debt inter-creditor arrangements for both borrowers and lenders. TBS attorneys also represent such parties in commercial workouts and financial restructurings in connection with leveraged, recapitalization and distressed asset scenarios. If you need advice in these areas, contact Mark Deife at mdeife@tousley.com.

Federal Court Approves Class Action Settlement Against DISH Network

January 16, 2009

On January 15, 2009, the U.S. District Court approved a class action settlement between Washington consumers, represented by TBS attorney Kim D. Stephens, and EchoStar Communications Corporation, which does business through its subsidiaries under the registered trade name DISH Network. The suit alleges that DISH Network retailers unlawfully used automatic dialing and announcing devices (ADADs) to sell satellite television subscriptions and equipment to Washington residents.

National Settlement Involving ChoiceDek Is Approved

January 12, 2009

TBS represented a proposed national class of owners of ChoiceDek composite decking and rail products. Plaintiffs alleged that ChoiceDek products are defective and experience fungal, mold, and mildew growth that causes extensive discoloration that cannot be remedied. On January 9, 2009, the U.S. District Court approved the certification of this class and granted final approval of a national settlement of the class claims. The settlement covers all ChoiceDek product manufactured between January 1, 2004 and October 1, 2006. It provides relief to owners who have experienced mold spotting through a combination of free and discounted deck cleanings, application of mold inhibitor, cash refunds, replacement product, and vouchers. For more information, see http://www.aert.com/class_action_settlement.asp.

Washington Wage and Hour Class Action Against Wal-Mart Settles

January 8, 2009

For the past seven years, TBS has represented 80,000 current and former Wal-Mart employees in a class action alleging that Wal-Mart violated Washington's wage and hour laws. The December 2008 settlement was one of 63 wage and hour class actions that Wal-Mart settled late last year. The Washington settlement provides for payment of up to $35 million to eligible associates who worked for Wal-Mart in Washington since September 10, 1997. TBS attorney Christopher Brain said, "We're very pleased with this settlement and believe that it is a good result for our clients." The settlement must now be approved by the trial court. Class members can obtain additional information at www.walmartwageswa.com.

2008

Court Preliminarily Approves Settlement Between Telecommunication Company and Its Washington and Oregon Employees

December 15, 2008

On December 8, 2008, the Honorable James L. Robart preliminarily approved a class action settlement between a telecommunication company and 2,300 of its Washington and Oregon hourly employees. The Washington and Oregon classes alleged that the company systematically violated wage and hour laws by, among other actions, denying employees meal and rest breaks and failing to pay them for overtime and off-the-clock work.

The final approval hearing is scheduled for March 2, 2009, in Judge Robart's courtroom at the Seattle Federal Courthouse. Tousley Brain Stephens PLLC served as co-lead counsel for the Washington and Oregon classes.

TBS Investigating Jewelry Service Contracts

October 17, 2008

Tousley Brain Stephens is investigating consumer complaints regarding "service contracts" or "extended warranty plans" purchased from the following jewelry stores: Jared; Kay Jewelers; Friedlander's Jewelers; Weisfield Jewelers and JB Robinson. If you purchased a service contract from any of these businesses before June 2008, or for further information, click here.

Federal Court Preliminarily Approves Class Action Settlement

October 9, 2008

On October 6, 2008, the U.S. District Court preliminarily approved a class action settlement between Washington consumers, represented by Michael Spafford, Jr., and Echostar Communications Corp. in which the Class alleged that Echostar and its retailers, as The Dish Network, unlawfully used automatic dialing and announcing devices (ADADs) to sell satellite television subscriptions and equipment to Washington residents.

The final approval hearing is scheduled for December 3, 2008 at 10:00 a.m. before the Honorable Richard Jones at the Seattle Federal Courthouse at 700 Stewart Street. Class members may send questions, comments and requests to remove themselves from the Class to Class Counsel at the following email address: EchoStarSettlement@tousley.com. In addition, Class Members may contact Class Counsel at the following toll-free number: 1-800-259-2652. Click here to view the amended complaint, the stipulation of settlement, the Court's order and other related documents.

TBS Attorneys to Speak at Commercial Real Estate Remedies Workshop

July 25, 2008

TBS attorneys are often asked to teach continuing legal education courses for their peers and business groups on a variety of subjects including real property transactions, commercial litigation, and class action litigation. On August 27, 2008, Chris Brain and Kim Stephens will speak at a one-day workshop on Commercial Real Estate Workouts and Remedies at the Renaissance Seattle Hotel. Mr. Brain will address restrictive covenant and easement disputes and Mr. Stephens will discuss condemnation disputes in a weak real estate market. For more information or to sign up for the workshop, contact Law Seminars International at www.lawseminars.com or (800) 854-8009.

TBS Attorneys Obtain a Declaratory Judgment for Their Clients in Disputed Trust/Estate Litigation

July 10, 2008

On July 10, 2008, TBS attorneys Janissa Strabuk and Michael Estok obtained a court order declaring that our clients are entitled to the proceeds of brokerage accounts owned by their deceased mother. The brokerage firm claimed that the account funds were subject to a trust and refused to distribute the funds to our clients, the beneficiaries and personal representatives of their mother's estate. Our clients' step-siblings also claimed an interest in the funds. The Court, however, granted our motion for summary judgment and declared that the funds were not subject to a trust and that they belonged solely to our clients.

Verdict for TBS Client in Timber Trespass Case

June 5, 2008

TBS attorneys Christopher Brain and Mary Reiten recently prevailed at trial in a timber trespass case on behalf of a property owner whose neighbor wrongfully cleared a path over his property by asserting the existence of an easement. After obtaining a summary dismissal of the neighbor's easement claim, our clients' claim for damages proceeded to trial, where they were awarded a judgment for their damages and all of their attorney fees and costs.

National and Canada-wide Settlement with Carrier Corporation Over Allegedly Defective Furnaces is Approved

April 22, 2008

The U.S. District Court for the Western District of Washington has granted approval of a proposed nationwide settlement that resolves a three year battle involving five class actions currently pending in Washington, Wisconsin, Michigan, Minnesota and Canada. Canadian courts will review the proposed settlement in the near future. The cases allege Carrier failed to disclose that the polypropylene laminated secondary heat exchangers in its high-efficiency gas furnaces are defective and fail prematurely resulting in unexpected and unnecessary repair costs. Approximately 3 million U.S. consumers purchased the furnaces marketed under the Carrier, Bryant, Day & Night and Payne brand names. Carrier has agreed to compensate furnaces owners whose secondary heat exchangers failed in the past and to repair for free secondary heat exchangers that fail within the first twenty years of furnace life or give an equivalent discount on the purchase of a new furnace. For more information on the settlement, click here.

$2.35 Million Arbitration Award for Clients

March 10, 2008

After a week-long hearing in Spokane, the Honorable James M. Murphy (Ret.) issued a Final Award of $2.35 million in favor of current and former AutoNation employees. The Arbitrator found AutoNation breached its contractual obligations to the employees by failing to give them the paid vacation benefits they had earned between their 2004 and 2005 anniversary dates. The Final Award requires AutoNation to pay damages, prejudgment interest, costs and attorneys' fees.

2007

Tousley Brain Stephens Wins Appeal of Condominium Case.

December 31, 2007

In a published opinion, the Washington State Court of Appeals reversed the trial court and ruled in favor of our client who was challenging a decision of her condominium board. Our client's condominium board of directors allowed a unit owner to build a second story "bonus" room above his garage. This decision resulted in the creation of additional common area which changed the character of the property, altered our client’s undivided percentage interest in the common areas, and increased her dues. Under the condominium declaration, such a change required the unanimous approval of all owners, which was not obtained. Click here to read the decision.

Wal-Mart Wage and Hour Class Action Headed to Trial

November 29, 2007

After years of appellate wrangling, notice of the class action is being mailed to over 75,000 current and former employees. On May 1, 2007 the Washington State Supreme Court let stand a Court of Appeals decision allowing current and former hourly Wal-Mart employees in Washington State pursue their claims as a class action lawsuit. The class members allege Wal-Mart denied them meal and rest breaks, altered time records to deprive them of wages, and disciplined them for working overtime, thereby forcing them to work off-the-clock. No trial date is currently set, but it is expected the case will proceed to trial in 2009. For more information about the case, click here.

Tousley Brain Stephens Attorneys Garner Second Supreme Court Victory in 2007

June 8, 2007

In an important decision clarifying the law for both attorneys and their clients, the Washington Supreme Court has ruled in favor of a TBS client for the second time in 2007. The Court held that attorneys who distribute judgment proceeds from their trust accounts to their clients are not liable to provide restitution of those funds if the judgment is reversed on appeal. A copy of the opinion is available here.

Ninth Circuit Holds that RICO Claim May Proceed Against Microsoft and Best Buy

May 4, 2007

The United States Court of Appeals for the Ninth Circuit has upheld a class action complaint filed against Microsoft and Best Buy under the Racketeer Influenced Corrupt Organization Act (RICO). The complaint alleges that Microsoft and Best Buy signed Best Buy customers up for "free" trial subscriptions to Microsoft's MSN internet service without their knowledge or consent, and then charged those consumers for the service after the end of the trial period, whether the consumers used the service or not. For more information about the case, click here.

United States District Court Certifies Class Action Against Carrier Corp Over Defective Furnaces

May 1, 2007

U.S. District Judge Ronald B. Leighton has ordered that a complaint filed by Tousley Brain Stephens on behalf of Washington State owners of Carrier, Bryant, and Payne condensing furnaces may proceed as a class action lawsuit. The suit alleges that the furnaces prematurely fail before their warranted and expected life, resulting in unnecessary repair costs to consumers, due to Carrier Corporation's decision to manufacture them with a cheaper secondary heat exchanger. For more information and to view the press release, click here.

TBS Wins in State Supreme Court; Pass-Through of B&O Tax Declared Illegal

April 26, 2007

The State Supreme Court has ruled in favor of TBS client Herbert Nelson, who filed a class action on behalf of Washington consumers challenging the widespread business practice of charging consumers business and occupation (B&O) tax on top of the agreed upon sales price. In a 6-3 decision the Court declared the practice unlawful because state statutes explicitly require that the tax be paid by businesses, not consumers. To view the press release and a copy of the opinion, click here.

Seattle Metropolitan Magazine Lists Tousley Brain Attorneys as Seattle's Best Lawyers

April 5, 2007

Tousley Brain Stephens attorneys Russell F. Tousley, Christopher I. Brain, Kim D. Stephens, and David D. Hoff have been selected for inclusion in an upcoming edition of Seattle Metropolitan Magazine as four of the best lawyers in Seattle. Christopher I. Brain practices in the areas of Complex Real Property, Business and Class Action Litigation; David D. Hoff practices Securities and Corporate Litigation, Securities Compliance, and Business and Environmental Litigation; Kim D. Stephens practices in the areas of Commercial, Condemnation and Class Action Litigation; Russell F. Tousley practices Transactional Real Estate with special focus on the Development, Purchase, Leasing, Ground Leasing, Finance, Condominiumization and Sale of Complex Urban Projects with multi-family and/or retail components.

Their inclusion was based on the subjective judgments of fellow attorneys in their specialties and a detailed evaluation of their work.

TBS Files Suit on Behalf of GM Truck Owners with Defective Speedometers

March 1, 2007

GM truck owners, represented by Tousley Brain Stephens, have filed lawsuits in Oregon and Washington alleging certain models of General Motors trucks contain a defective and highly dangerous speedometer. This defect causes the speedometers to register and display inaccurate speeds both when the trucks are at a standstill and when they are moving. Many speedometers fail to register the vehicle's speed at all. Plaintiffs allege that General Motors has known about this defect, but has chosen not to recall the trucks or offer a free-of-charge replacement or repair. To read more about these lawsuits against General Motors, and to see a list of affected models of trucks, click here.

If you believe you are a member of this class or if you would like further information, please e-mail us at gmtrucks@tousley.com or call 206-682-5600.

2006

Michigan Homeowners Represented by Tousley Brain Stephens File Class Action Alleging Carrier Corp. Concealed Furnace Defects; Suit Joins Three Others Pending in U.S. and Canada.

December 20, 2006

Homeowners in Michigan today joined ranks with consumers in Washington, Wisconsin, and Ontario by filing a class action lawsuit against Carrier Corporation, the manufacturer of Carrier and Bryant condensing furnaces (also marketed under the brand names "Day & Night" and "Payne"). The homeowners allege that beginning in the mid-1980s, Carrier started manufacturing its high-end furnaces out of inferior material that corrodes and prematurely fails, without disclosing that fact to consumers. The case was filed on behalf of an estimated 250,000 residents of Michigan that own Carrier and Bryant furnaces. To read more about these lawsuits against Carrier Corporation, click here.

TBS Seeks Remedy for Consumers “Burned” by Purchasing Defective Dell Laptops

December 13, 2006

Tousley Brain Stephens has filed a class action against Dell, Inc., alleging that Dell Inspiron Laptop Model Nos. 1100, 1150, 5100 and 5160 contain known manufacturing defects, including inadequate cooling systems, and power systems and motherboards prone to premature failure with normal use. For more information, click here.

Named Partner, Kim D. Stephens, Elected Fellow of American Academy of Trial Counsel by Academy Members

December 1, 2006

Members of the American Academy of Trial Counsel recently honored Kim D. Stephens by electing him Fellow of the Academy. The American Academy of Trial Counsel is a lawyer honorary established to recognize excellence among American litigation and trial counsel across all segments of the bar. Members of the elite Academy elect only 2,500 Fellows. Fellows are selected and invited into the Academy after being evaluated on effectiveness and accomplishment in litigation and trial work, along with ethical reputation. Trial experience is an important factor in Academy selection, which also recognizes that great litigators sometimes win before trial. Mr. Stephens, who maintains an active national trial practice, was grateful for this honor and recognition by his peers.

The Academy's selection process is a combination of Advisory Board member input, attorney opinions, evaluation of counsel, selection by clients, input from active and retired judges, and reviews of acknowledgement by third-party sources. The criteria used for selection is not based purely on the number of cases tried, or the notoriety usually associated with frequent court appearances, but also effectiveness in the area of a particular lawyer's expertise. Fellows are recognized by their peers as truly effective trial counsel.

State Supreme Court to Review Challenge to Car Dealerships' Practice of Passing B&O Tax on to Consumers; Class Action Certified by Lower Court

October 14, 2006

Tousley Brain Stephens' clients Herb Nelson and his wife purchased a used Volkswagen from an Appleway car dealership in Spokane, Washington. On the purchase agreement for the car, Appleway added a charge for Washington State Business and Occupation Tax ("B&O Tax"). The B&O Tax is a tax paid by Washington businesses for the privilege of doing business in the State.

In response to a class action complaint filed on behalf of Mr. Nelson, the Spokane County Superior Court, Judge Kathleen O'Connor presiding, ruled that Appleway's practice of itemizing and collecting B&O Tax on consumer purchases violates Washington law. Judge O'Connor issued an injunction prohibiting Appleway from collecting, itemizing or passing through the B&O Tax to its customers. Judge O'Connor also certified a class comprised of all individuals and entities from whom Appleway itemized and collected B&O Tax on the sale of motor vehicles, parts, merchandise or service in the state of Washington.

Appleway appealed Judge O'Connor's rulings to the Washington Court of Appeals, but in a unanimous decision, the Court of Appeals affirmed the trial court on all grounds. Click here for a copy of the Court of Appeals' decision, which is reported at Nelson v. Appleway Chevrolet, Inc., 129 Wn. App. 927, 121 P.3d 95 (2005).

Appleway has appealed the Court of Appeals' decision to the Washington Supreme Court, which heard argument in the case on October 19, 2006. A decision from the Supreme Court is pending.

Kim D. Stephens, Max E. Jacobs and Kimberlee L. Gunning are co-lead counsel for the class.

TBS Attorneys Act Swiftly to Block Hostile Corporate Takeover

October 13, 2006

Tousley Brain Stephens was recently retained on a late Friday afternoon by a temporarily-inactive corporation and its officers, who had just learned of a corporate raider's imminent attempt to seize ownership and control of the corporation. Unbeknownst to the officers, the raider, who had recently purchased a small number of shares in the company, had obtained a default judgment, had himself appointed as interim custodian, and issued to himself a controlling number of shares in the corporation. Early Monday morning, Tousley Brain Stephens petitioned for, and obtained, a Temporary Restraining Order against the shareholder, enjoining a scheduled proxy vote, in which the shareholder would have elected himself as permanent director. Less than two weeks later, the superior court set aside the default judgment, removed the shareholder as custodian, rescinded his self-issuance of shares, and enabled the corporation to litigate the action against the shareholder on the merits.

Tousley Brain Stephens files suit on behalf of Wisconsin homeowners against maker of defective furnaces

October 10, 2006

Class counsel announced that homeowners in Wisconsin and Ontario filed today separate class action lawsuits against Carrier Corporation, the manufacturer of Carrier and Bryant condensing furnaces (also marketed under the brand names "Day & Night" and "Payne"). The homeowners allege that beginning in the mid-1980s, Carrier started manufacturing its high-end furnaces out of inferior material that corrodes and prematurely fails, without disclosing that fact to consumers. To read the full press release, click here. To read about the existing lawsuit against Carrier Corporation within Washington, click here.

Tousley Brain Stephens Secures Class Action Settlement for Property Owners Nationwide; Court Grants Final Approval

October 5, 2006

On September 15, 2006, Tousley Brain Stephens obtained final court approval of a Class Action Settlement resolving the lawsuit it filed in 2003 against PABCO, a manufacturer of asphalt roof shingles. Eligible homeowners who have or had PABCO HO-25 or HZ-25 roof shingles on their property may now file a claim for one of several forms of payment. Under the Settlement, compensation previously available only to a limited group of Washington consumers through the Washington State Attorney General's Consent Decree (which resolved a similar action against PABCO) has been greatly expanded in scope and more than doubled in value. In contrast to the Attorney General Consent Decree, compensation under this Settlement is available to every qualifying property owner in the nation - including those who are not the original purchasers of the product. This Settlement establishes two core levels of compensation for qualifying Class members: one for Appearance Damage, which is paid at twice the amount homeowners could previously receive; the other for Performance Damage, available for qualifying Class members whose roofs are leaking as a result of failed Shingles, which pays significantly more. Compensation under the Settlement also is available to qualifying Class members who already replaced their roofs. Even qualifying Class members who were already paid under the Attorney General Consent Decree are eligible for an additional payment - despite the releases they already signed.

The Settlement is structured on a "claims-made" basis, with no limit on the number of claims or amount of compensation PABCO will pay for qualified claims under the terms of the claims process. Nor are recoveries diminished in any way to pay attorney fees or costs. Class members may request claim forms and obtain further information from the Independent Claims Administrator at www.ho25settlement.com, or by calling 800-385-0133.

Tousley Brain Stephens Successfully Obtains Ruling Ordering SAKS Department Stores to Produce Audit Report Investigating Allegedly Illegal Charge Backs

October 5, 2006

On October 5, 2006, the United States District Court for the Northern District of Alabama ordered SAKS to produce an internal investigation report prepared by its Audit Committee in connection with the governmental investigation into the illegality of SAKS' "charge back fees." Charge back fees are assessed by merchants against vendors who allegedly deliver nonconforming goods. On behalf of one of the merchants, Adamson Apparel, Inc., and other merchants similarly situated, Tousley Brain Stephens PLLC brought a putative class action lawsuit against SAKS alleging SAKS improperly and illegally assessed and collected charge backs from its vendors. SAKS had refused to produce the audit report claiming it was protected from disclosure by attorney client privilege even though SAKS had previously provided it to the Securities Exchange Commission and the United States Attorney's Office for the Southern District of New York.

Download copy of the Order (PDF, 739KB)

For more information, please contact Tousley Brain Stephens attorneys Kim D. Stephens or Nancy A. Pacharzina.

Tousley Brain Attorneys Named in The Best Lawyers in America®

September 28, 2006

Tousley Brain Stephens attorneys Christopher I. Brain, David D. Hoff, Kim D. Stephens, and Russell F. Tousley have been selected by their peers for inclusion in The Best Lawyers in America® , Thirteenth Edition (2007). David D. Hoff and Christopher I. Brain were named in the area of Commercial Litigation; Kim D. Stephens in the areas of Eminent Domain and Condemnation Law; and Russell F. Tousley in Real Estate Law.

This edition of Best Lawyers is based on more than 1.8 million detailed evaluations of lawyers by their peers. Best Lawyers also conducts thousands of telephone interviews as part of the selection process. Lawyers are not required or allowed to pay a fee for a listing in Best Lawyers; therefore, inclusion in the publication is considered a singular honor. Best Lawyers is widely regarded as the definitive guide to legal excellence in the United States.

Washington Court of Appeals Affirms Tousley Brain Stephens Victory for Internet Entrepreneur

September 18, 2006

In a unanimous opinion, the Washington Court of Appeals, Division I, affirmed the judgment entered in favor of our client, the founder of an Internet yellow pages company, following a February 2005 trial. The plaintiff, a minority owner in the company, sought a $127-million dollar damage award relating to the sale of the company to InfoSpace, Inc. Tousley Brain Stephens attorneys David D. Hoff, Janissa A. Strabuk, and Kimberlee L. Gunning obtained summary judgment dismissal of the majority of plaintiff's claims before trial and obtained a judgment in our client's favor following trial. On appeal, plaintiff argued that the trial court erred by misinterpreting key provisions of the sale contract, limiting his legal damages, ruling that he was not entitled to disgorgement of our client's profits from the sale of the company, and holding that he was not entitled to a double recovery for the same harm. The Court of Appeals rejected all of these arguments. To read a copy of the Court of Appeals' opinion, click here.

Tousley Brain Stephens Obtains Favorable Settlement for 41 Plaintiffs in Uncontrolled Asbestos Release Case

August 30, 2006

Plaintiffs were the tenants of two 1960s-era apartment buildings in Seattle's Magnolia neighborhood. During a plumbing replacement project, the popcorn ceilings of the buildings were scraped and removed. Large amounts of dust and debris were spread throughout our clients' homes. Six months into the project when it was almost completed, an elevator repairman told the apartment manager that the ceilings might contain asbestos. Testing by the Washington State Department of Labor and Industries and the Puget Sound Clean Air Agency confirmed that significant amounts of asbestos had been released.

Our clients sued the building owner, the property manager, the plumbing company, and the painter who scraped the ceilings. Plaintiffs alleged claims of nuisance, negligence, and unjust enrichment. They sought damages for loss of the use and enjoyment of their property, personal property damage, and fear of cancer and other asbestos-related diseases. A global settlement was reached in August 2006. The terms of the settlement are confidential. Tousley Brain Stephens attorneys David D. Hoff, Janissa A. Strabuk and Max E. Jacobs represented the plaintiffs.

Canterbury Square Litigation

August 21, 2006

Tousley Brain Stephens has brought a lawsuit on behalf of a homeowners' association of a Woodinville mobile home park (Canterbury Square Owners Association) and the purchasers of the property (CamWest Development, Inc.) to remove a claim by former owners that a provision in a Settlement Agreement with the former owners prohibits the mixed-use project being proposed by CamWest. More information on the case can be found here.

Carroll v. Nuprecon

July 27, 2006

Tousley Brain Stephens successfully represented the defendant employer in class action litigation brought by truck drivers who claimed they were entitled to be paid prevailing wages when they delivered or picked up waste dumpsters from any public works site. On July 7, 2006, Judge Charles W. Mertel refused to certify a litigation class, finding that the case raised too many issues pertaining to the activities of each individual class member at each individual job site. Click here for a copy of the order to be entered in this case or contact Kim D. Stephens or Nancy A. Pacharzina for further information.

Washington Law & Politics recognizes Super Lawyers at Tousley Brain Stephens

June 1, 2006

The summer 2006 issue of Washington Law & Politics named four attorneys at Tousley Brain Stephens as "Washington Super Lawyers." This distinction is based on peer recognition and professional achievement and is given to no more than 5% of the attorneys in the state. Our 2006 "Super Lawyers" include Russell F. Tousley, Christopher I. Brain, Kim D. Stephens, and David D. Hoff. In addition, Mr. Brain was included in the list of "The Top 100" attorneys in the state.

Nationwide class certified in case against Microsoft and Best Buy

April 10, 2006

On April 10, 2006, Judge Douglass A. North certified a class comprised of "All people in the United States who (1) at any time from December 1, 1999 to the present, paid Microsoft for charges in connection with a free-trial MSN Internet access service account that was established in their name at a Best Buy store but did not receive a full refund, and (2) did not log on to the account." Beth E. Terrell and Toby J. Marshall of Tousley Brain Stephens PLLC are co-counsel for the class. For more information, click here.

Tousley Brain Stephens Successfully Settles Monorail Condemnation Case

February 21, 2006

Tousley Brain Stephens successfully represented the developer of a downtown hotel, retail, and condominium project in connection with condemnation of a 1600-square-foot air rights easement by the Seattle Popular Monorail Authority. The case recently settled shortly before trial for $5,000,000, which was approximately ten times the Monorail's budgeted acquisition price.

Tousley Brain Stephens Represents Condo Owners in Court of Appeals Victory

February 17, 2006

Tousley Brain Stephens PLLC successfully represented the plaintiffs in the case entitled Bogomolov et al. v. Lake Villas Condominium Ass'n of Apartment Owners, 127 P.3d 762 (2006). In that case, the defendant condominium owners' association and a small group of unit owners attempted to convert portions of the condominium's common areas into limited common areas without the requisite unanimous consent of all owners, by building additional boat docking space for the exclusive use and benefit of the defendant unit owners. Plaintiffs prevailed on summary judgment at the trial court level, and persuaded Division One of the Washington Court of Appeals to uphold the trial court's decision.

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