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Class Actions

BJT is a leader in Washington prosecuting class actions against employers, insurers, and other corporations.  When these companies commit wrongs against a large group of individuals in the same manner, a class action is often the best and sometimes the only way to hold them accountable.  Over the past 20 years, we have recovered millions of dollars for employees, consumers, and others who were victims of unlawful wage, trade, and other practices.  Please contact us if you have questions about a potential class action.

Below are some recent or pending class actions we have handled.

Employment

Armored Car Drivers

  • BJT and its co-counsel at Schroeder Goldmark & Bender represents armored car drivers in Washington, who have been denied meal and rest breaks. In the first case, Hill v. Garda CL Northwest, filed in 2009, court certified the class in July 2010.  After initial appeals the workers won summary judgment in May 2015.  After a trial on damages, the class was awarded over $8 million for missed breaks between 2006 and February, 2015.  Garda appealed, and the damages were slightly reduced.  The workers appealed to the Washington Supreme Court, which will hear oral argument and is expected to issue a decision in 2018.  information / documents
  • BJT has filed a second action, Gayken v. Garda CL Northwest, seeking damages for missed breaks after February 2015.  That case is stayed pending the completion of the Hill case.

Call Center Workers

  • BJT sued Affiliated Computer Services (ACS) in 2007, claiming its “Activity Based Compensation” plan (“ABC”) underpaid its call center workers in Washington.  That case settled in 2010 and the workers received payments in the mail.
  • Now, BJT and its co-counsel at Terrell Marshall Law Group represent over 4,000 current and former employees of ACS’s successor, Xerox Business Services LLC, challenging a similar “ABC” compensation plan, again claiming it underpays the workers. The case turns on a legal issue that is presently pending before the Washington Supreme Court and is expected to be decided in 2018.

Hospital Nurses

  • BJT represents nurses at Evergreen Hospital who were denied meal and rest breaks.  The first case, Pugh v. Evergreen, covered nurses in all departments and was finally settled in 2017 for $1.5 million.  A new case, Lee v. Evergreen, covers the Emergency Department, where nurses continue to miss meal and rest breaks on a regular basis.  The class has been certified, but Evergreen has appealed and the case is stayed pending that appeal.

Hair Stylists

  • BJT filed a class action in September 2017 against Gene Juarez Salons on behalf of designers and technicians for unlawful wage deductions and other unfair pay practices.  We are preparing to ask the Court to certify the class.  Trial is presently set for September 2018.

Dairy Farm Workers

  • BJT filed suit in the summer of 2017 against George Deruyter & Son Dairy in Outlook, Washington for employees who have been denied meal and rest breaks and for unlawful payroll deductions.  The parties are in discovery and preparing for class certification.

Limousine Chauffeurs

  • BJT represents chauffeurs who worked for Bayview Limousine who claim they were not paid for all hours worked and were underpaid for their overtime hours.  The case was settled in 2017 for $600,000.  Class member payments should be distributed in February 2018.

Unfair and Deceptive Consumer Practices

Auto Insurance Personal Injury Protection Coverage

  • BJT has brought class actions under the Washington Consumer Protection Act against Allstate, USAA, Hartford, Progressive, Safeco, and Liberty Mutual insurance companies for arbitrarily limiting the payments they make for medical care resulting from auto accidents.  In 2012, BJT won a jury trial against Progressive Insurance Companies, and BJT has continued to recover millions of dollars from these companies for health care providers who were underpaid by these insurance companies when treating accident victims.
    • Allstate Insurance, $2.1 million (135% repayment) (2017)
    • Hartford Insurance, $1.2 million (135% repayment) (2017)
    • Progressive Insurance, 165% repayment (2016)
    • USAA, 260% repayment (2015)
    • Progressive Insurance, $1.33 million (2013)
    • Hartford Insurance, $1.7 million (190% repayment) (2013)
    • Allstate Insurance, 190% repayment (2012)

Health Insurance Coverage:

  • BJT along with co-counsel at Siriani Youtz Spoonemore & Hamburger, brought suit against United Health Care for declining coverage for mental health treatment in violation of the Mental Health Parity and Addiction Equity Act.  The case settled in 2016 and all affected participants were repaid.

Debt Collection Practices

  • In Echlin v. Peacehealth, BJT seeks to represent a class of patients with medical debt in a class action against a debt collector and creditor for engaging in misleading and deceptive debt collection practices in violation of the Fair Debt Collection Practices Act.  The case is on appeal and a decision is pending from the Ninth Circuit.
  • In Thomas v. American Family Mutual Insurance, BJT represents consumers against American Family and its debt collector Afni, claiming they use unfair and deceptive debt collection practices.  The parties are in discovery and preparing for class certification.

Violations of Securities Laws and Duties to Shareholders

  • Settled. In re: WSB Financial Group Securities Litigation. Federal securities law class action against WSB Financial Group relating to its misrepresentations and disclosures in SEC filings about its initial public offering. information / documents