Class Actions - Breskin Johnson & Townsend PLLC

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 wage theft, discrimination, unlawful dismissal, employee retaliation, 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

Fish Processors

We represent fish processors who worked in Alaska for E & E Foods aboard the F/V Beagle, who were required to remain aboard the ship for weeks, ready to work, but were only paid during the hours that there were fish to process. Many times, the workers went days without pay. We claim this violates the Fair Labor Standards Act because the workers were “engaged to wait” in the interest of the employer. The lawsuit is pending in the United States District Court for the Western District of Washington. All qualified workers were mailed notice in January, with the option to join the case. More information.

Security Workers

Breskin Johnson & Townsend represents Washington security employees of the concert promoter AEG Presents NW for missed rest and meal breaks. The case was filed in March 2020 and settled for $230,000 in November. The Court is expected to approve the settlement in April 2021, and payments should be sent to class members in May 2021.
BJT along with the Fair Work Center represented fence installation workers who worked for Emerald City Statewide LLC, Emerald City Fence Rentals, LLC, and/or Statewide Rent-a-Fence, Inc. Our client claimed the employers failed to provide the workers with lawful meal and rest breaks. The parties reached a $375,000 settlement in 2019 and checks were mailed to class members in December 2019.

Armored Car Drivers

BJT recently resolved a decade-long dispute against armored car company Garda CL NW. We represented armored car drivers in Washington who had 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. We then filed a second action, Gayken v. Garda CL Northwest, seeking damages for missed breaks after February 2015. That case was stayed pending the completion of the Hill case. Garda appealed the judgment in Hill, but the workers prevailed in all respects. While additional appeals continued, we reached a global settlement of both cases, for a total of $12.5 million. The court approved that settlement payments were issued to class members in Spring 2020. information / documents

Call Center Workers

BJT represented call center workers at Web.com in Spokane, Washington to enforce Washington State’s Paid Sick Leave law, which requires that workers’ commissions be factored into the pay they receive for sick leave. Affected workers received compensation in 2019 and 2020.
BJT and co-counsel Toby Marshall represent over 5,000 current and former employees of Affiliated Computer Services (ACS) and its successors Xerox Business Services LLC, challenging their “Activity Based Compensation” or “ABC” compensation plan, because it did not pay the workers for all of the time they worked. A class was certified in 2014, but Xerox appealed. The Washington Supreme Court and the Ninth Circuit Court of Appeals have now ruled in favor of the workers, and the case is now on appeal again regarding an arbitration agreement Xerox raised in 2020. That appeal is expected to be resolved in 2021, and a ruling from the trial court should follow soon after.

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 second 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, and the Court of Appeals issued a published decision in February 2019 confirming that Evergreen did not have a right to compel arbitration. 7 Wn.App.2d 566. The decision was a victory for workers and confirmed that any waiver in a Collective Bargaining Agreement of employees’ rights to bring claims in a judicial forum must be clear and unmistakable.
BJT also represents nurses at Swedish Hospitals throughout Washington who were denied meal and rest breaks. The case was finally settled in 2018 for $2.5 million, and payments were distributed in 2020, after an appeal.

Hair Stylists

BJT represented 700 designers and technicians at Gene Juarez Salons for unlawful wage deductions and other unfair pay practices. In September 2018, the parties reached a $1,250,000 settlement. Payments were mailed to class members in February 2019.

Restaurant Workers

BJT, along with our co-counsel Jeff Needle, represented kitchen staff at Great Western Pacific restaurants (Fishermen’s and Crab Pot) who were denied meal and rest breaks and discriminated against on the basis of their race. The case was filed in April 2018 and partially certified in August 2019. The parties then reached a settlement for $1.85 million, which was approved by the court. Notice was sent to all class members in December 2019, and payments were distributed throughout 2020.
We also represent, with Mr. Needle, servers at Crab Pot and Fisherman’s restaurants. That case was filed in early 2019 and settled in fall 2020. The Settlement Class consists only of those few servers who did not sign mandatory arbitration agreements with class action waivers. The Class Settlement is pending court approval, and we expect funds to be distributed in mid 2021. Get more information about the servers Class Settlement.
We also represent Great Western servers who were excluded from the Class Settlement because they signed arbitration agreements. We are pursuing can pursue their claims in arbitration.
BJT also represented employees at Plum Bistro, where the employer began imposing a 20% “service charge” on customers which it said was “100%” for service staff, but kept most of it for overhead such as minimum wage compliance. The court ruled that the service charges belonged to the workers. The case settled in 2019.
BJT also represented employees at the Bellevue Club who were denied meal and rest breaks. The case was filed in March 2019 and settled in November 2019 and payments were distributed in April 2020.

Limousine Chauffeurs

BJT represented chauffeurs who worked for Bayview Limousine who claimed 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 were 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 Thomas v. American Family, BJT represented a consumer in a suit against American Family and its debt collector, Afni, for using abusive debt collection practices while attempting to collect on subrogation claims. The lawsuit was settled in 2018.
BJT has litigated and continues to litigate several other debt collection cases against banks and other companies for unfair practices.

Foreclosure Abuse

BJT recently filed Rudin v. MTGLQ Investors, L.P., Shellpoint Mortgage Servicing, and Clear Recon Corp., which targets the practices of a bank, loan servicer, and foreclosure trustee and alleges that they committed unfair and deceptive practices by imposing unauthorized fees on Washington homeowners facing foreclosure.

Violations of Securities Laws and Duties to Shareholders

CTI BioPharma Corp Shareholder Litigation. Federal securities law class action against CTI BioPharma Corp under the Private Securities Litigation Reform Act of 1995 (the “PSLRA”) resulting in payment of $20 milion for the benefit of the Settlement Class. Settlement approved in United States District Court with the Court stating that the settlement “was an eminently fair and reasonable result.”
Zulily Shareholder Litigation. Federal securities law class action against Zulily for violations of Rule 14(a) of the Securities Exchange Act of 1934. Settlement approved in United States District Court.
IsoRay Shareholder Litigation. State shareholder litigation arising out of unapproved stock option and equity incentive plans.
Rightside Group Shareholder Litigation. Federal securities law class action against Rightside Group for violations of Rule 14(e) of the Securities Exchange Act of 1934.
Sonosite, Inc. Shareholder Litigation. Federal securities law class action against Sonosite, Inc Financial Group relating to their breach of fiduciary duties arising out of their attempt to sell the Company to FUJIFILM Holdings Corporation (“Fujifilm”) (the “Proposed Transaction”); and Fujifilm and Salmon Acquisition Corporation for aiding and abetting these breaches of fiduciary duties.
In Re Superclick, Inc. Shareholder Litigation. Federal securities law class action against Superclick Board of Directors relating to their breach of fiduciary duties arising out of their attempt to sell the Company to AT&T Corp. (“AT&T”) by means of an unfair process and for an unfair price.
Daks v. Seabright Holdings, Inc. et al.. Federal securities law class action against Seabright Holdings, Inc. relating to its breach of fiduciary duties arising out of their attempt to sell the Company to Enstar by means of an unfair process and for an unfair price.
In Re Emeritus Corp. Shareholder Litigation. Federal securities law class action against Emeritus Board of Directors relating to its for their breach of fiduciary duties arising out of their attempt to sell the Company to Brookdale by means of an unfair process and for an unfair price.
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