Toby Marshall is a founding member of Terrell Marshall Law Group PLLC, where he represents plaintiffs in class actions, collective actions, and other complex litigation. Toby has dedicated his career to fighting for people who cannot afford access to justice. Through his advocacy, Toby has recovered tens of millions of dollars for workers subjected to wage theft, consumers treated unfairly by businesses, and employees who faced discrimination or retaliation. He has also obtained substantial injunctive relief for individuals whose civil rights were violated by governmental entities.
Toby has successfully litigated and tried cases in state and federal courts. He has also secured numerous appellate victories before the Washington Supreme Court, the Washington Court of Appeals, and the Ninth Circuit Court of Appeals. Toby has practiced in courts around the country, and he co-counsels with many firms and nonprofit organizations.
Areas of Focus
Representative Matters
Wrongful Termination and Retaliation Cases
- Secured a jury verdict in excess of $11 million on behalf of an employee who was wrongfully terminated for complaining of racial discrimination and wage theft. This was among the ten highest verdicts in Washington in 2021 (https://topverdict.com/lists/2021/washington/top-10-verdicts).
Employment Class Actions
- Obtained a settlement of $35 million on behalf of retail employees who alleged they were not paid for all hours worked and were deprived of rest and meal breaks.
- Secured a settlement of $8.2 million on behalf of approximately 3,000 delivery drivers who alleged that Amazon jointly employed them was liable for wage and hour violations.
- Obtained a judgment in excess of $4.1 million after a five-week jury trial on behalf of drywall workers subjected to overtime violations.
- Secured a judgment of $2.6 million on behalf of a class of auto dealer employees cheated out of earned vacation pay.
Civil Rights Class Actions
- Represented a class of low-income people who claimed the cities of Mount Vernon and Burlington were violating the Sixth Amendment by failing to provide meaningful assistance of counsel to people charged with misdemeanors. Obtained a complete victory for the class, including the appointment of a supervisor to oversee the cities’ public defense system for three years.
- Obtained a class-wide settlement that ended Benton County’s practice of jailing people for failing to pay court debt they can’t afford.
Consumer Class Actions
- Secured a seven-figure settlement for consumers subjected to deceptive retail practices.
- Obtained a seven-figure settlement for consumers who purchased defective building product.
Involvements
Professional Organizations & Activities
- Washington State Bar Association, Member
- King County Bar Association, Member
- Washington Employment Lawyers Association, Amicus and Legislative Committees
- Washington Appellate Project, Board Member
- Washington State Association for Justice, EAGLE Member
- American Association for Justice, Member
- Public Justice Foundation, Member
- National Association of Consumer Advocates, Member
- ACLU Foundation of Washington, Legal Committee
- WSBA Labor & Employment Law Section Executive Committee, Past Chair (2013) and Treasurer (2011, 2012)
- KCBA Labor & Employment Law Section Pacific Coast Labor & Employment Law, Conference Planning Committee and Trial Skills Subcommittee (2010, 2011)
- Speaker at numerous continuing legal education seminars on class action, employment, and civil rights issue
Credentials
Professional Recognition
- Fellow of the American Bar Foundation (2020)
- President’s Award, Washington Defender Association (2014)
- Champion of Justice Award, Washington Association of Criminal Defense Lawyers (2014)
- Super Lawyers List, Washington Law & Politics (2014–2020)
- Named to Rising Stars list by Washington Law & Politics (2005–2007, 2009–2012)
Education
- University of Washington, J.D.
- Moot Court Honor Board
- Order of Barristers
- California State University, Sacramento, B.A. in English, cum laude
Bar Admissions
- Washington
Court Admissions
- USDC for the Western District of Washington
- USDC for the Eastern District of Washington
- USDC for the District of Colorado
- First Circuit Court of Appeals
- Fourth Circuit Court of Appeals
- Seventh Circuit Court of Appeals
- Ninth Circuit Court of Appeals
- United States Federal Circuit Court
- United States Supreme Court
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