Toby Marshall | Member
- Class Actions
- Commercial Litigation
- Consumer Protection
- Employment Law
- Insurance Litigation
- Sexual Abuse
- Wage and Hour
- 206.816.6603 (Main)
- 206.816.6604 (Direct) Email
USDC for the East. Dist. of WA
- USDC for the West. Dist. of WA
- Ninth Circuit Court of Appeals
Toby J. Marshall is a member of Terrell Marshall Daudt & Willie PLLC, where he concentrates his practice on complex civil litigation, consumer protection, and employment law. Toby has represented workers and consumers in a variety of class actions, including wage and hour, product defect, and consumer fraud cases. He has tried and won lawsuits in state and federal courts and has also successfully briefed and argued cases before the Washington Court of Appeals and the Ninth Circuit Court of Appeals. Toby graduated from the University of Washington School of Law, where he served on the Moot Court Honor Board and was selected to the Order of Barristers. He has been named several times to the annual Rising Stars list in Washington Law & Politics (2005, 2006, 2007, 2009, 2010, 2011, 2012).
Professional Organizations and Activities
- Washington State Bar Association
- WSBA Labor & Employment Law Section Executive Committee
- Treasurer 2011, 2012
- King County Bar Association
- Washington Employment Lawyers Association
- Amicus Committee
- Washington State Association for Justice
- Public Justice Foundation
- National Association of Consumer Advocates
- KCBA Labor & Employment Law Section Pacific Coast Labor & Employment Law Conference Planning Committee and Trial Skills Subcommittee - 2010, 2011
- California State University, Sacramento - cum laude - B.A.
University of Washington - J.D.
- Order of the Barristers
- Moot Court Honor Board — Member and Vice President of Regional Competitions
- University of Washington School of Law Mock Trial Competition (2002) — Winner, Best Speaker, Best Brief
- Fourteenth Annual Pace National Environmental Law Moot Court Competition (2002) — Best Overall Brief
- Thirteenth Annual Pace National Environmental Law Moot Court Competition (2001) — Semi-Finalist
- Univ. of Wash. School of Law Environmental Law Competition (2000) — Winner, Best Speaker, Best Brief
- Ramirez v. Precision Drywall, Inc. - Obtained judgment in excess of a $4.17 million on behalf of 325 drywall workers who alleged Precision Drywall and its officers failed to pay them for overtime work and made unlawful deductions to their pay. Served as lead counsel throughout the case, including trial, and successfully defended judgment on appeal.
- McGinnity v. AutoNation, Inc. - Obtained arbitration award in excess of $2.6 million on behalf of 500 employees deprived of earned vacation benefits. Acted as co-lead class counsel throughout litigation and successfully defended award on appeal.
- Barnett v. Wal-Mart Stores, Inc. - Obtained $35,000,000 settlement on behalf of 88,000 Washington employees alleging various wage and hour violations. Settlement approved in July 2009 after seven years of litigation.
- Labor Services Company Lawsuit - Negotiated seven-figure settlement on behalf of 1,300 employees working for labor services company in Washington. Employees alleged they were not paid for all hours worked, did not receive proper rest and meal breaks, and had unlawful deductions taken from their wages.
- Manufacturing Company Lawsuit - Negotiated six-figure settlement on behalf of 260 employees who alleged that their employer failed to pay them for all hours worked and failed to provide them with rest and meal breaks.
- Discrimination Case Against Fortune 500 Company - Negotiated favorable settlement for African-American manager who had been terminated after 26 years based on false allegations of sexual harassment.
- Giard v. Marine Services Northwest, Inc. - Obtained $224,664 judgment after bench trial for client who purchased defective yacht.
- Olson v. Fred Meyer Stores, Inc. - Obtained $200,000 jury–trial verdict for employee with breast cancer who was terminated in violation of Washington Law Against Discrimination.
- Wilbur v. Mount Vernon - Appointed co-lead counsel for class alleging Mount Vernon and Burlington’s joint public defense system deprives indigent persons of their Sixth Amendment right to counsel.
- Brown v. Consumer Law Associates, LLC - Appointed co-lead counsel for class alleging violations of Washington’s Debt Adjusting Act.
- Ruebel v. Olympic Racquet & Health Club, Inc. - Negotiated settlement on behalf of class alleging defendants wrongfully threatened to terminate health club contracts. Preliminary approval granted in June 2012; final approval pending.
- Odom v. Microsoft Corp. - Represented nationwide class of consumers alleging Microsoft and Best Buy engaged in unfair and deceptive acts in the promotion of MSN internet access service. Settlement approved in 2010.
- Splater v. Thermal Ease Hydronic Systems, Inc. - Obtained seven-figure settlement in class action brought on behalf Washington consumers whose homes contain allegedly defective hydronic tubing.
- Trimble v. Holmes Harbor Sewer District - Obtained certification in securities fraud suit brought on behalf of bond purchasers.
- McGinnity v. AutoNation, Inc. - 149 Wn. App. 277, 202 P.3d 1009 (2009)
- Easter v. American West Financial - 381 F.3d 948 (9th Cir. 2004)
- Stewart v. Estate of Steiner - 122 Wn. App. 258, 93 P.3d 919 (2004)
Wage and Hour Class & Collective Actions
Other Complex Litigation
Articles & Publications
- Michael J. Loeb & Toby J. Marshall, Mediating Wage and Hour Class and Collective Actions, NELA Spring 2012 Seminar, March 2012
- Daniel F. Johnson, Shannon Smith & Toby J. Marshall, Using Consumer Laws to Better Represent Your Injured Clients: Schnall v. AT&T Wireless Panel Discussion, WSAJ 1st Annual Winter Conference, December 2010
- Toby J. Marshall, Wrapping Up — Settlements, Judgments, Appeals and Enforcement, National Business Institute Seminar on the Mechanics of Washington Civil Procedure, October 2009
- Toby J. Marshall, Recovering Paid Vacation Benefits — What Employees Need to Know to Make the Best Case under Washington Law, Trial News, July 2008
- Toby J. Marshall, Wage Claims: The Fundamentals of Wage and Hour Litigation, WSTLA Litigation Basics Seminar, May 2008
- Lorraine A. Lewis, Toby J. Marshall & Matthew J. Zuchetto, Fourteenth Annual Pace National Environmental Law Moot Court Competition: Best Overall Brief, 20 Pace Envtl. L. Rev. 491 (2002)