Toby Marshall

Wrongful Termination, Discrimination, and Retaliation Cases

• Ellis v. University of Washington Police Department—Filed in 2021 on behalf of five Black University of Washington police officers who were subjected to years of racist comments, slurs, stereotyping, and disparaging treatment. After a six-week trial in King County Superior Court, the jury awarded $16.7 million in economic and emotional distress damages. The court subsequently awarded an additional $8.8 million in post-trial relief, bringing the total judgment to $25.5 million.
• 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.

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