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. Through his dedicated advocacy, Toby has recovered tens of millions of dollars for workers who were cheated by employers and consumers who were taken advantage of by businesses. He has also obtained substantial injunctive relief for individuals whose rights were violated by governmental entities.
Toby has tried and won significant lawsuits in state and federal courts. In Wilbur v. Mount Vernon, for example, he served as co-lead counsel in a civil rights class action brought against two Washington municipalities. The plaintiffs alleged the cities were violating the United States Constitution by failing to provide meaningful assistance of counsel to thousands of low-income individuals accused of misdemeanors. After a nine-day trial, Toby and his team obtained a complete victory for their clients and the class. The judgment drew national attention, with the New York Times noting this was “the first time a federal court had appointed a supervisor to oversee a public-defense system.” Attorney General Eric Holder called the result “pivotal” and said it “will help us meet our constitutional and moral obligations to administer a legal system that matches its demands for accountability with a commitment to due process.”
In Ramirez v. Precision Drywall, Toby served as lead counsel in a wage and hour class action brought against a company allegedly violating Washington’s wage laws by failing to pay overtime compensation to its employees and improperly deducting from pay for work tools. After a five-week jury trial, Toby obtained a judgment in excess of $4.17 million on behalf of the workers and class members.
In addition to his trial advocacy, Toby has successfully briefed or argued appeals before the Washington Supreme Court, the Washington Court of Appeals, and the Ninth Circuit Court of Appeals. His appellate work includes the cases of Demetrio v. Sakuma Bros. Farms., Inc.; LaCoursiere v. CamWest Development, Inc.; Smith v. Jem Group, Inc.; and McGinnity v. AutoNation, Inc.
Toby is currently a member of the amicus and legislative committees of the Washington Employment Lawyers Association. He has authored friend-of-the-court briefs in key employment cases decided by the Washington Supreme Court, including Becerra v. Expert Janitorial, LLC; Wash. State Nurses Ass’n v. Sacred Heart Med. Ctr.; and Anfinson v. FedEx Ground Package Sys., Inc. In 2013, Toby was the Chair of the Washington State Bar Association’s Labor and Employment Law Section. He regularly speaks at seminars on employment and class action issues.
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 is a member of the Washington Employment Lawyers Association (WELA), the Washington State Association for Justice (WSAJ), the American Association for Justice (AAJ), the National Association of Consumer Advocates (NACA), and the Public Justice Foundation. In 2014, Toby received the Champion of Justice Award from WACDL and the President’s Award from WDA for his work in Wilbur v. Mount Vernon. He has been named to the Super Lawyers list in Washington Law & Politics.