Case List
Below is a list of cases that are currently available on our website. If you are looking for a past or current case that is not listed here, please use our search page to examine our case archives or contact us at contact@tbscases.com or 206.682.5600.
Current Cases
AutoNation Vacation Pay Lawsuit
This action was brought on behalf of more than 500 current and former AutoNation employees in Washington State. 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. On May 2, 2008, the Spokane Superior Court denied AutoNation's motion to vacate the Arbitrator's Final Award, confirmed the Final Award, and entered judgment in excess of $2.38 million. AutoNation appealed the decision to Division III of the Court of Appeals. The Court of Appeals upheld the Superior Court. AutoNation is now seeking review by the Washington State Supreme Court.
B&O Tax Litigation
The State Supreme Court, ruling in favor of our client, has declared the practice of charging consumers business and occupation (B&O) tax on top of the agreed-upon sales price is unlawful because state statutes explicitly require that the tax be paid by businesses.
Carrier High-Efficiency Condensing Furnaces
Tousley Brain Stephens PLLC has settled a class action lawsuit against Carrier Corporation relating to its high-efficiency condensing furnaces. Carrier failed to disclose the defective nature of the secondary heat exchangers in these furnaces, which causes leaking and premature failure of the product. Carrier marketed these furnaces under the brand names "Carrier", "Bryant", and "Payne." The U.S. District Court for the Western District of Washington granted final approval of the settlement on April 22, 2008.
Chargebacks Litigation Against Federated Department Stores
We are co-lead counsel in a class action brought by vendors who sell merchandise to Federated Department Stores to challenge Federated’s practices regarding; (1) the taking of early payment discounts regardless of when invoices are paid; and (2) assessment of “expense offsets” or “chargebacks” with inadequate notice that merchandise allegedly did not conform to Federated’s standards. Defendants include: Bloomingdales, Burdines, The Bon, Macy’s East, Macy’s West, Rich’s Department Stores and Sterns.
Chelan County Public Utility District Class Action Lawsuit
Plaintiffs have filed this action against Chelan County PUD on behalf of past and present employees who worked unpaid shift-turnover time.
ChoiceDek
This class action alleges that ChoiceDek decking and railing material manufactured between January 1, 2004 and October 1, 2006, develops widespread, extensive, recurrent and ineradicable fungal growth resulting in noticeably large black and gray spots throughout the decking and railing surfaces (also known as "mold spotting"). The case was settled and final approval entered January 9, 2009.
Echostar / DISH Network Automated Telemarketing Calls
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 in violation of RCW 80.36.400 et seq.
General Motors Defective Speedometers
On November 10, 2008, the U.S. District Court in Seattle entered a final judgment granting final approval of a class action settlement of owners and lessees of certain General Motors vehicles with allegedly defective speedometers (also known as "console clusters"). Plaintiffs alleged that this console cluster defect was present in the trucks at the time of their sale or lease.
Guam Earned Income Tax Credit Litigation
We are co-lead counsel in a putative class action against the Government of Guam brought by Guam’s taxpayers who qualify for the Earned Income Tax Credit. The Government has refused to allow claims or pay the tax credit since 1994.
Ironwood Communications, Inc.
Tousley Brain Stephens is co-lead counsel in a class action against Ironwood Communications, Inc. alleging that Ironwood engaged in a systematic scheme of wage and hour abuse against hourly-paid employees in the state of Washington by failing to pay employees for all hours worked, failing to provide meal and rest breaks, making unlawful deductions to employees' paychecks, and engaging in unfair and deceptive pay practices. On March 2, 2009, the court granted final settlement approval.
Microsoft / Best Buy
We are co-lead counsel in a class action against Microsoft and Best Buy alleging that defendants set up unauthorized MSN internet service accounts for customers who made purchases at Best Buy with a credit or debit card.
Wal-Mart Class Action
On October 1, 2004, King County Superior Court Judge Terry Lukens certified a Washington State class action case against Wal-Mart Stores, Inc. for violations of Washington's wage and hour laws and Consumer Protection Act. Wal-Mart appealed the Court's decision, but on July 3, 2006, the Court of Appeals affirmed Judge Lukens' order. Wal-Mart has approximately 49 stores in Washington State, and the class is estimated to include over 75,000 current and former employees. Notice to the class members was mailed on November 29, 2007.
Past Cases
American Cemwood Roofing Products
We served as co-lead counsel in a multi-state class action regarding the manufacture and sale of cement-fiber roofing products.
Amgen Boulder (Synergen) Securities Class Action
Tousley Brain Stephens was appointed sole class counsel in this litigation against one of the world's largest biotechnology companies. The case involved funding of the development of a genetically altered molecule and settled for payments totaling up to $82 million.
PABCO Class Action
Tousley Brain Stephens PLLC filed a class action lawsuit against PABCO, a manufacturer of roofing shingles composed of fiberglass and asphalt. PABCO manufactured the shingles from 1984 through 1996. PABCO offered a 25-year limited warranty guaranteeing that the Shingles "are free from actual manufacturing defects." The class action alleges that the Shingles crack, discolor, and otherwise fail well before the warranty period.
Wells Fargo Bank
Tousley Brain Stephens PLLC has settled a class action lawsuit alleging that Wells Fargo Bank improperly charged annual fees that should have been waived on certain accounts. The U.S. District Court for the Western District of Washington granted preliminary approval of the settlement on June 26, 2008.
Weyerhaeuser Hardboard Siding
Tousley Brain Stephens PLLC serves as co-lead counsel in this case, in which the plaintiffs allege that Weyerhaeuser's hardboard siding is defective and prematurely fails. The Superior Court for the State of California in and for the County of San Francisco granted preliminary approval of a nationwide class action settlement with Weyerhaeuser Company.
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