Professional Experience

Toby J. Marshall is a member of Terrell Marshall & Daudt 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 $2.6 million judgment on behalf of 500 Washington employees deprived of earned vacation benefits by the largest auto retailer in the United States, and he defended that judgment on appeal. 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 and Collective Actions

Labor Services Company Lawsuit — Negotiated seven-figure settlement (currently pending final approval) 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 (currently pending final approval) 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 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.

Ramirez v. Precision Drywall, Inc. — Lead counsel for a certified class of 325 employees who allege Precision Drywall failed to pay them for overtime work, failed to provide them with rest and meal breaks, and made unlawful deductions to their pay.

Lettic v. Spectrum Glass Co., Inc. — Co-lead counsel for a certified class of employees who allege Spectrum Glass failed to pay them for all hours worked and failed to provide them with rest and meal breaks.

Khadera v. ABM Industries, Inc. — Represents proposed class of janitors who seek compensation for unpaid overtime and rest and meal break violations.

Frey v. 3PD, Inc. — Represents proposed class of delivery drivers who allege they have been improperly classified as independent contractors and denied overtime in violation of Washington’s wage and hour laws.

Godfrey v. Chelan County Public Utility District — Negotiated six-figure settlement on behalf of 81 employees who alleged they had worked off the clock and without pay in order to complete shift turnovers.

Telecommunications Company Class Action — Negotiated settlement on behalf of hourly paid employees of a major telecommunications company who 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 and tool expenses.

Other Complex Litigation

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.

Odom v. Microsoft Corp. — Represents certified nationwide class of consumers alleging Microsoft and Best Buy engaged in unfair and deceptive acts in the promotion of MSN internet access service. Litigation is ongoing.

Trimble v. Holmes Harbor Sewer District — Obtained certification in securities fraud suit brought on behalf of bond purchasers.

Hunt v. Commonwealth Land Title of Puget Sound, LLC — Defended title insurance agent in proposed class action alleging violations of RESPA and Washington Consumer Protection Act. Negotiated settlement favorable to client.

E, C & Assocs. Corp. v. Commonwealth Land Title Ins. Co. - Defended title insurance company in proposed class action alleging violations of Washington’s Consumer Protection Act. Obtained dismissal with prejudice.

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

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

• B.A., cum laude, California State University, Sacramento
• J.D., University of Washington
• 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

Professional Organizations/Activities

• Washington State Bar Association
• King County Bar Association
• Planning Committee and Trial Skills Subcommittee, Pacific Coast Labor & Employment Law Conference
• Washington Employment Lawyers Association
• Washington State Association for Justice
• Public Justice Foundation
• William L. Dwyer Inn of Court (2004–2006)

Bar/Court Admissions

• State of Washington
• U.S. Dist. Court for the Western Dist. of Washington
• U.S. Dist. Court for the Eastern Dist. of Washington
• Ninth Circuit Court of Appeals

 

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