Litvack v. University of Washington Case No 20-2-16750 SEA (King County Superior Court) Served as co-lead counsel and secured complete dismissal of discrimination and retaliation claims filed against the University of Washington by a surgeon at UW Medical Center. The plaintiff sued the university, claiming four causes of action. Filed a motion for summary judgment that resulted in dismissal of three claims, then defeated the fourth claim in a three-week trial in which the jury found in favor of the university and awarded zero damages.
Corker, et. al. v. Costco, et. al. Case No. 2:19-CV-00290-RSL (W.D. Wash). Appointed as co-lead plaintiff’s class counsel in Lanham Act false designation of origin claims class action. To date, settlement with various defendants for both injunctive relief and monetary charges. Claims involve allegations defendant supplier and retailers labeled, market and sold coffee as 100% “Kona Coffee” where scientific testing evidence demonstrated defendants coffee actually had little to no Kona Coffee.
Federal Trade Commission (FTC), et. al. v. Dalbey, et. al. Case No. 11-CV-01396 (District of Colorado, pending). Serve as lead counsel for Dalbey, et. al. Defended principals against claims by the Federal Trade Commission and Colorado Attorney General for false and deceptive advertising, violations of the Telemarketing Sales Rule and violations of state consumer protection laws. Claims challenged defendants’ infomercials, print advertising and telemarketing calls. The FTC seeks a permanent injunction and consumer redress for over $350 million in company sales. Case involved discovery on a national level, and motions for governmental misconduct sanctions, dismissal, summary judgment and exclusion of survey expert reports and testimony.
Atlas, Inc. v. Weir Slurry Group, Inc. and Weir Minerals Australia. Case No. 2:07-CV-01358 (W. D. Wash). Serve as lead trial counsel for Atlas, Inc., in trade dress litigation. Atlas filed an action of Declaratory Judgment that it did not infringe on any of Weir's claimed trade dress. Weir counterclaimed alleging trade dress infringement; reverse palming off; contract interference; and consumer protection violation. Supervised and directed multiple lawyers in depositions in Madison, WI; Sydney, Australia; Hong Kong; Cleveland, OH; Salt Lake City, UT; Phoenix, AZ; and Seattle, WA. Won on motion for summary judgment; all counterclaims dismissed; affirmed—Ninth Circuit Court of Appeals.
Dallen and Peggy Wendt v. HTD, et al. Case No. 08-CV-03612 (N.D. Ill). Served as lead trial counsel for Wendts. Case involved offshore asset recovery with claims of fraudulent misrepresentation, conversion, unjust enrichment, breach of fiduciary duty, unfair and deceptive trade practices, and civil conspiracy. The case settled in favor of Wendt.
Zipfizz adv. Young. Case No. BC 397830 (Los Angeles County Superior Court). Served as lead trial counsel for Zipfizz. Case involved a class action lawsuit against defendant for violating wage order and labor laws in the State of California. Achieved a favorable settlement for Zipfizz.
WMS, LLC adv. Henry Cameron Holdings, LLC. Case No. 08-22373 (Circuit Court of Cook County, Illinois Chancery Divisions), and Case No. 080500552 M (Third Judicial Court in Summit County, Utah). Served as lead trial counsel for WMS, LLC. The case settled in favor of WMS, LLC prior to trial. Successfully defended WMS, LLC in a membership interest purchase and sale agreement, and tenants in common agreement dispute.
Lakeside Technologies, LLC v. Lakeside ISC, LLC. Case No. CV-07-26-RHW (E.D. Wash). Served as lead trial counsel for Lakeside Technologies, LLC. The case settled in favor of Lakeside Technologies, LLC, prior to trial. Successfully pursued claims against defendants for breach of the settlement agreement and violation of trade secrets of computer software.
Millcreek Country Club Association v. Trajal USA, Inc., et al. Case No. 06-2-09052-5 (Snohomish County Superior Court). Served as lead trial counsel for Millcreek Country Club Association. Successfully forced sale of ownership to members of the country club.
Hansen Beverage v. Zipfizz. Case No. CV 07-07689 R (FFMx) (C.D. Cal). Served as lead trial counsel for Zipfizz. The case settled in favor of Zipfizz prior to trial. Successfully defended Zipfizz against false advertising claims.
Kenexa Technology v. Clearwire Corporation. Case No. 07-CV-771 (W.D. Wash). Served as lead trial counsel for Kenexa Technology. The case settled in favor of Kenexa Technology prior to trial. Successfully pursued claims for breach of contract of employment recruiting and outsourcing services.
Ritchie, et al. v. WMS Debt Management, LLC. Case No. 04-2-03402-7SEA (King County Superior Court). Served as lead trial counsel for WMS Debt Management, LLC. The case settled in favor of WMS Debt Management prior to trial. Successfully defended WMS Debt management against securities fraud claims.
Nutrition and Fitness, Inc. v. Enfission. Case No. 5:05 CV 175-FL(1)(E.D. NC). Served as lead trial counsel for Enfission. This case settled in favor of Enfission prior to trial. Defended Enfission in a trade dress litigation.
Pitney Bowes v. Nexxpost. Case No. 05-2-29988-6SEA (King County Superior Court). Served as lead trial counsel for Nexxpost. The case settled in favor of Nexxpost prior to trial. Successfully defended start-up company, Nexxpost, regarding allegations by Pitney Bowes against former employees’ alleged breach of employee agreement.
USA Prescription, Inc. v. Jude Lacour. Case No. 01-018115-CACE-18 (District Court of the 17th Judicial Circuit, Broward County, Florida). Served as lead trial counsel for Jude Lacour. The case settled in favor of Jude Lacour prior to trial. Represented Jude Lacour in trade secret litigation related to online subscription services. Successfully defended numerous preliminary injunction motions for false designation, copyright infringement and unfair business practices.
HJC Company Limited, et al. v. Soaring Helmet Corporation, et al. Case No. LACV03-6460 ABC (Mcx). (C. D. Cal.). Served as lead trial counsel for Soaring Helmet Corporation. This case settled in favor of Soaring Helmet prior to trial. This case involved patent infringement claims.
Scimage, Inc. v. Robert and Kimberly Jones, et al. Case No. CV2003-020839 (Superior Court of the State of Arizona, County of Maricopa). Served as lead trial counsel for Scimage, Inc. Successfully pursued breach of employee agreement, Uniform Trade Secrets Act violations, intentional interference with business relations, conversion, trespass, promissory notes and breach of contractor agreement.
Leaver v. Zipfizz. Case No. 05-2-06985-4 (Snohomish County Superior Court). Served as lead trial counsel for Zipfizz. The case settled in favor of Zipfizz prior to trial. Successfully defended Zipfizz in breach of agreement and product claims in shareholder derivative suit.
Display Research Laboratories, Inc. v. Telegen Corporation, et al. Case No. 00-4261-SI (N.D. Cal.). Served as lead trial counsel for Telegen Corporation. This case settled in favor of Telegen Corporation prior to trial. Successfully defended claims for patent infringement, trade secret violation and asset recovery.
