Reported Civil Appeals:

 

NLRB v. Noel Canning Co., 134 S.Ct. 2250 (2014)

 

• Constitutional challenge to President’s recess appointments to NLRB. The court held that President Obama’s appointments were unconstitutional under Article 2 § 2 Cl. 3 of the United States Constitution.

 

Noel Canning v. NLRB, 705 F.3d 490 (DC Cir. 2013)

 

• Challenge to presidential appointments to the NLRB under the Recess Appointments Clause of the Constitution held the NLRB lacked a quorum because three members were not validly appointed under the Recess Appointments Clause.

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Mountain West Holding Company v. Montana Department of Transportation.  Case 1:13-CV-00049 DLC

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• Challenge to Montana's use of race and gender based preferences in highway construction brought under the Equal Protection Clause of the US Constitution and Title VII of the Civil Rights Act.  The State of Montana settled the damage claim and removed race and gender based preferences from highway construction contracts.

 

Western States Paving Co Inc. v. Washington Department of Transportation, 407 F. 3d. 983

 

• Constitutional challenge to requirement of race and sex based preferences in highway construction contracts using federal funds under A Transportation Equity Act for the 21st Century. Court declared the state DBE program unconstitutional. This was the first successful challenge nationwide in the twenty-five year history of the Transportation Equity Act of the Twenty first Century.

 

ALS v. NLRB, 898 F.3d 38 (DC Cir, 1018)

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• DC Court of Appeals overturned NLRB decision requiring the employer to continue to provide wage increases and Christmas gifts after union election. 

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Morrison v. Basin Asphalt, 131 Wn. App. 158

 

• Trial court award of exemplary damages and attorney fees for non-payment of wages reversed.

 

Noel Canning v. NLRB, 82 F 3d 1113 (DC Cir.)

 

• Upheld employer's right to inform unionized employees contemplating a strike that the employer could and would hire permanent replacements. Prevented NLRB's attempt to limit an employer's rights to truthfully communicate the consequences of economic action.

 

Mackay v. Pioneer National Bank, 867 F 2d 520 (9th Cir.)

 

• Bank vice president's state law claim of wrongful termination preempted by National Banking Act. Banks Board of Directors has unfettered ability to terminate bank officer at will. Any agreements, express or implied, are void or against public policy.

 

Waggoner v. Ace Hardware Corp., 134 Wn. 2d 748

 

• 1.8 million dollar state law claim of wrongful discharge and discrimination. Defense verdict in wrongful discharge claim. Washington Supreme Court held State discrimination law does afford protection to cohabitators.

 

 Roeber v. Dowty Aerospace US Court of Appeals 9th Circuit 00-36011; (unpublished)  16 Wn. App. 127, 135

 

• Claims of handicap discrimination under the Americans with Disabilities Act and Washington Law Against Discrimination. (Defense verdict) Unpublished decision of the 9th Circuit. Threats of violence not protected by claims of disability.

 

Baldwin v. Trailer Inns, 266 F. 3d. 1104 (9th Cir.)

 

• Defense of overtime claim under the FSLA based upon executive and administrative exemption.

 

Beaman v. Yakima Valley Disposal, 116 Wn. 2d. 697 (1991)

 

• State court cause of action for wrongful discharge based upon expired collective bargaining agreement. Preempted by NLRA.

 

Trial Court (No Appeal):

 

Superior Asphalt v. Morrison et.al., USDC ED WA CY-98-3030 EFS

 

• Equal protection challenge to affirmative action requirements in heavy highway construction contracts using federal funds. Achieved settlement in which the United States Department of Labor and Washington Department of Transportation stipulated they had no authority to enforce such requirements. US DOL implemented changes in policy nationwide.

 

In re Recall of Ensey, YCSC # 09-2-03332-2

 

• Representation of City Council member to defeat recall petition.

 

Hill and Vaeaga v. McDonalds, YCSC# 09-2-03627-5

 

• Class action lawsuit involving claims of failure to provide rest breaks and meal periods.

 

Gannon v. Vargas, YCSC# 03-2-02371-9

 

• Claims of sexual harassment, retaliation, and public policy. Wrongful discharge against an attorney who has been disbarred because of criminal activity. Defense verdict.

 

Bonny v. Postage DDS, YCSC# 01-2-01159-5

 

• Trial of dental hygienists claims of sexual harassment and wrongful discharge. Defense verdict.

 

Eliason v. A&B Asphalt, BCSC# 03-2-00079-2

 

• Trial of former employees claims of age and disability discrimination claims. Defense verdict.

 

Superior Asphalt v. Morrison et.al., USDC ED WA CY-98-3030 EFS

 

• Equal protection challenge to affirmative action requirements in heavy highway construction contracts using federal funds. Achieved settlement in which the United States Department of Labor and Washington Department of Transportation stipulated they had no authority to enforce such requirements. US DOL implemented changes in policy nationwide.

 

Doyle and YMCA v. DSHS, YCSC# 03-2-027525-1

 

• Declaratory Judgment action against DSHS. DSHS found a 30 year old child care manager had committed abuse and neglect because staff had left an 8 year old unattended for 10 minutes. Supervision had no direct child care responsibilities and was two levels of supervision removed. The effect of the DSHS finding would ruin her career. Judge entered preliminary injunction finding Doyle and YMCA would likely prevail on the merits. The statute was not applicable to the facts. DSHS changed its finding.

 

Morrison v. Washington Central Railroad, USDC ED WA CY-90-3066-AAM

 

• Railroad union's claims of $9.5 million damages for violation of the Railway Labor Act resulting from union organizing of short-line railroads. First case tried under the RLA involving railroads since the late 1950's.

 

Jaramillo v. Johnson Fruit, YCSC 97-2-00249-3

 

• 18 day jury trial of same sex harassment claims. Defense verdict.

 

Additional Reported Cases:

 

Cluff v. CMX Corp, 84 Wn. App. 634 (Div III, 1997)

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Bravo v. Doleson, 71 Wn. App. 769 (Div III, 1993) 

125 Wn. 2d. 745 (1995)

 

Patten v. Ackerman, 68 Wn. App. 831 (Div III, 1993)

 

Roe v. Quality Transportation, 67 Wn. App. 604 (Div III, 1992)

 

Boutillier v. Libby, NcNeil, and Libby, 42 Wn. App. 699 (Div III, 1986)

 

Clark v. Selah School District, 53 Wn. App. 832 (Div III, 1989)