Erika Nusser

Associate
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Erika Nusser concentrates her practice on sexual abuse, personal injury, and complex litigation, including individual and class action employment and consumer fraud litigation. Prior to joining Terrell Marshall Law Group PLLC, Ms. Nusser served as a law clerk at Andrus Liberty & Anderson, LLP and as a research assistant at the University of San Francisco School of Law.

Sample Achievements

Wage & Hour Collective Actions

Bodily v. Skagit Transportation, Inc.- Obtained certification and negotiated settlement on behalf of class of more than 300 truck drivers who alleged Skagit Transportation failed to pay them for rest breaks. Final approval granted December 2016.

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.

Helde v. Knight Transportation, Inc. – Obtained certification of class of more than 200 truck drivers who allege Knight Transportation failed to pay them for all of their work and made unlawful deductions to their pay.

Consumer Class Actions

Dibb v. AllianceOne Receivables Management, Inc.- Obtained certification of a class of thousands of Washington consumers in connection with AllianceOne’s attempts to collect debts arising from returned checks.

Smith v. JEM Group, Inc. – Co-lead counsel in consumer class action alleging defendants charged fees for debt adjusting services in excess of those permitted by state consumer protection statutes. JEM appealed the district court’s denial of its motion to compel arbitration, which was decided post-Concepcion. Successfully briefed response to appeal and argued before a Ninth Circuit panel, which affirmed denial of the motion to compel arbitration. See Smith v. JEM Group, Inc., 737 F.3d 636 (9th Cir. 2013).

Wilkes v. Newsvine, Inc. – Negotiated class settlement on behalf of bloggers who had unpaid advertising and/or referral earnings from online content posted on Newsvine.  Preliminary approval granted in May 2014; final approval pending.

Friel v. American Platinum Services, et al. – Co-lead counsel for class alleging violations of Washington’s Debt Adjusting Act.  Successfully defeated motion to compel arbitration and negotiated class settlement.  Preliminary approval granted in July 2014; final approval pending.

Individual Cases

Manufacturing Company Lawsuit – Negotiated confidential six-figure settlement for individual who was severely injured by a defective product.

Ramirez v. Lea, et al. – Successfully settled claims that Precision Drywall and its officers fraudulently transferred the company’s business operations to avoid collection of a previously obtained judgment. Served as co-lead counsel throughout the case, including trial.

Employment Cases

Scientific Computing Company Confidential Settlements – Negotiated confidential pre-litigation settlements for two executive-level employees and one hourly employee, all of whom were not being paid wages and benefits as they became due from local scientific computing and engineering company.

Unemployment Hearings and Appeals – Successful representation of claimants in unemployment hearings and appeals.

Sex Abuse & Discrimination Actions

Telecommunications Company Confidential Settlement – Negotiated confidential pre-litigation settlement for retail sales employee who was terminated in retaliation for reporting sexual harassment.

Conger, et al. v. Northwest Massage Center, LLC – Represented and successfully settled claims of female patients who were sexually harassed and abused by a massage therapist.

Consulting Engineering Company Lawsuit – Negotiated six-figure settlement on behalf of executive-level employee who was constructively terminated for reporting sexual harassment and discrimination.

Professional Organizations and Activities

  • Washington State Bar Association, Young Lawyers Division
    • Trial Advocacy Program, Planning Committee, 2011
    • Public Service/Pro Bono Committee Co-Chair, 2009-2010
  • Washington State Association for Justice
    • Interpersonal Violence Section Co-Chair, 2016-2017
    • Development Committee, 2014-2015
    • Employment Section Vice-Chair, 2010-2012
    • Membership Committee, 2010-2012
  • King County Bar Association
    • Pacific Coast Labor and Employment Law Conference, Planning Committee Member, 2010-2012
  • Washington Women Lawyers
  • King County Washington Women Lawyers
    • Judicial Appreciation Luncheon Co-Chair, 2010-2012
  • Washington Employment Lawyers Association
  • Public Justice
  • National Crime Victim Bar Association

Professional Recognition

“Rising Star” Washington Law & Politics Magazine (2013, 2014, 2015, and 2016)

Education

  • University of Washington – B.A., Double Degree awarded with Distinction in Philosophy and Political Science with a minor in Human Rights
  • University of San Francisco School of Law – J.D., Public Interest Law Certificate

Bar Admissions

Washington

Court Admissions

USDC for the East. Dist. of WA
USDC for the West. Dist. of WA
Ninth Circuit Court of Appeals