TMDW
Toby Marshall

Professional Experience

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. Among his recent achievements, Toby obtained a $4.17 million judgment in a jury trial brought on behalf of 325 Washington employees who had been deprived of overtime pay. 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 five times to the annual Rising Stars list in Washington Law & Politics (2005, 2006, 2007, 2009 and 2010).

Sample Achievements

Wage and Hour Class Actions

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.

Manufacturing Company Lawsuit — Negotiated six-figure settlement on behalf of 260 employees who alleged Spectrum Glass failed to pay them for all hours worked and failed to provide them with rest and meal breaks.

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.

Janitorial Company Lawsuit — Negotiated six-figure settlement on behalf of 175 employees working for janitorial 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 for uniforms.

McGinnity v. AutoNation, Inc. — Obtained judgment in excess of $2.6 million on behalf of 500 employees deprived of earned vacation benefits while working at various AutoNation dealerships in Washington. Acted as co-lead class counsel throughout litigation and successfully defended the arbitration award on appeal. Class members received 100 percent of their damages plus interest. AutoNation was ordered to pay attorneys' fees (with a multiplier) and costs separately.

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.

Other Complex Litigation

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.

Individual Cases

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.

Reported Cases

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).

Articles, Publications and CLE Materials

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 3, 2010

Toby J. Marshall, Wrapping Up — Settlements, Judgments, Appeals and Enforcement, National Business Institute Seminar on the Mechanics of Washington Civil Procedure, October 29, 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 23, 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).

Education

Professional Organizations/Activities

Bar/Court Admissions