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Commercial Litigation


We’ll keep fighting for you.

When an initial lawsuit is unsuccessful, or we have to defend a hard fought win in the trial court,
our lawyers have a record of winning in appellate courts and getting justice for our clients. We
have extensive experience successfully briefing and arguing appeals in state and federal courts.
Our attorneys have won numerous victories before the Washington State Supreme Court,
clarifying and expanding the law to the benefit of our clients and all Washingtonians.

We have experience in appeals in the areas of class actions, employment law, insurance law,
business and commercial law, real estate law, construction law, and water law. We frequently
consult with trial attorneys from other firms who anticipate appealing an adverse court ruling or
jury verdict, or who expect they may be responding to another party’s appeal. Our attorneys can
help ensure that errors are preserved in the trial court for review by an appellate court and
assist in preparing post-trial motions, often necessary for a successful appeal. We also
associate with trial counsel in appellate matters.

Think you might have a case?

Consult a Lawyer

Commercial Litigation Team

Appeals Victories

No Forced Arbitration for Pizza Delivery Drivers

Burnett v. Pagliacci Pizza, Inc.,
In 2020, Terrell Marshall defeated an appeal to the Washington Supreme court of an order denying a motion to compel arbitration in a class action brought on behalf of pizza delivery drivers. The Washington Supreme Court’s decision clarifies the general contract rules that apply to making arbitration agreements.

Protecting Out-of-State Consumers Victimized by Washington Debt Collectors

Thornell v. Seattle Service Bureau, Inc.
Terrell Marshall fought on behalf of a consumer who received false and misleading debt collection letters at her Texas home, which were sent by a Washington-based debt collection company on behalf of an Illinois-based insurance company. In 2015, the Washington Supreme Court reaffirmed the remedial purpose and expansive scope of the Washington Consumer Protection Act, and in 2016 that out-of-state consumers can sue under the Washington State Consumer Protection Act.

Defending the Rights of Agricultural Workers

Sakuma Brothers Farm Settlement
Terrell Marshall filed suit on behalf of migrant and seasonal agricultural workers for alleged violations of state wage and hour laws and the federal Agricultural Worker Protection Act. The parties reached a settlement that requires payment of $850,000, substantial injunctive relief, and agreed that two questions be reserved for court resolution, including: whether Sakuma must separately pay workers for their rest break time, and if so, at what rate Sakuma must pay for rest break time. The district court granted the workers’ motion to certify these questions to the Washington Supreme Court. In 2016, the Washington Supreme Court announced a unanimous decision in favor of our clients. The ruling ensures protections for all agricultural workers in Washington, by confirming that agricultural employers must pay their piece-rate workers separate compensation for their rest break time at their regular rate of pay.

Think you have a case?

If you think your rights have been violated, we’ll help you determine if you have a case.