Toby Marshall

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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.

Sample Achievements

Wage and Hour Class & Collective 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 case, including trial, and successfully defended judgment on appeal.

McGinnity v. AutoNation, Inc. – Obtained arbitration award in excess of $2.6 million on behalf of 500 employees deprived of earned vacation benefits. Served as co-lead class counsel throughout case and successfully defended award on appeal.

Janitorial Workers Actions – Negotiated seven-figure settlements in class and collective action cases brought against national janitorial employer. Settlements approved in 2012.

Manufacturing Company Lawsuit – Negotiated six-figure settlement on behalf of 260 employees who alleged that their employer failed to pay them for all hours worked and failed to provide them with rest and meal breaks. Settlement approved in 2011.

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. Settlement approved in 2010.

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.

Consumer Protection Class Actions

Brown v. Consumer Law Associates, LLC – Negotiated seven-figure settlement on behalf of certified class alleging violations of Washington’s Debt Adjusting Act. Settlement approved in 2013.

Bronzich v. Persels & Associates, LLC – Negotiated seven-figure settlement on behalf of class alleging violations of Washington’s Debt Adjusting Act. Settlement approved in 2013.

Smith v. Legal Helpers Debt Resolution LLC – Negotiated multiple settlements totaling more than $2.2 million on behalf of class alleging violations of Washington’s Debt Adjusting Act. Settlements approved in 2012 and 2013.

Ruebel v. Olympic Racquet & Health Club, Inc. – Negotiated six-figure settlement on behalf of class alleging defendants wrongfully threatened to terminate health club contracts. Settlement approved in 2012.

Odom v. Microsoft Corp. – Represented certified 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.

Other Complex Litigation

Wilbur v. Mount Vernon – Obtained declaratory judgment and significant injunctive relief on behalf of thousands of indigent persons, with court ruling that defendants violated the United States Constitution by depriving class members of their right to counsel. Served as co-lead counsel throughout litigation, including trial.

Yakima Mega-Dairy Cases – Worked on team that obtained groundbreaking settlements in lawsuits alleging three Yakima dairies improperly stored and disposed of manure, leading to environmental pollution and groundwater contamination. Under consent decrees signed by a federal court in 2015, the dairies agreed to make significant operational improvements, including the installation of impermeable liners in manure lagoons to prevent leakage, the limitation of manure applications in nearby fields, and the provision of clean drinking water to area residents. In a precedent-setting ruling issued prior to the settlements, the court concluded that when manure is mishandled by industrial farms, it is a solid waste for purposes of the Resource Conservation and Recovery Act (RCRA).

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

Demetrio v. Sakuma Bros. Farms., Inc., ___ P.3d ___, 2015 WL 4366459 (Wash. July 16, 2015)

Community Ass’n for Restoration of the Environment, Inc. v. Cow Palace, LLC, 80 F. Supp. 3d 1180 (E.D. Wash. 2015)

LaCoursiere v. Camwest Development, Inc., 181 Wn.2d 734, 339 P.3d 963 (2014)

Becerra v. Expert Janitorial, LLC, 181 Wn.2d 186, 332 P.3d 415 (2014)

Smith v. Jem Group, Inc., 737 F.3d 636 (9th Cir. 2013)

Wilbur v. City of Mount Vernon, 989 F. Supp. 2d 1122 (W.D. Wash. 2013)

Wash. State Nurses Ass’n v. Sacred Heart Med. Ctr., 175 Wn.2d 822, 287 P.3d 516 (2012)

Anfinson v. FedEx Ground Package Sys., Inc., 174 Wn.2d 851, 281 P.3d 289 (2012)

Brown v. Consumer Law Assocs., LLC, 283 F.R.D. 602 (E.D. Wash. 2012)

Khadera v. ABM Indus. Inc., 701 F. Supp. 2d 1190 (W.D. Wash. 2010)

McGinnity v. AutoNation, Inc., 149 Wn. App. 277, 202 P.3d 1009 (2009)

Easter v. Am. W. Fin., 381 F.3d 948 (9th Cir. 2004)

Stewart v. Estate of Steiner, 122 Wn. App. 258, 93 P.3d 919 (2004)

Professional Organizations and Activities

  • Washington State Bar Association
  • King County Bar Association
  • Washington State Association for Justice
  • American Association for Justice
  • Public Justice Foundation
  • National Association of Consumer Advocates
  • Washington Employment Lawyers Association
    • Amicus Committee
    • Legislative Committee
  • Washington Appellate Project, Board Member
  • WSBA Labor & Employment Law Section Executive Committee
    • Chair, 2013
    • Treasurer 2011, 2012
  • KCBA Labor & Employment Law Section Pacific Coast Labor & Employment Law Conference Planning Committee and Trial Skills Subcommittee – 2010, 2011

Publications

  • Toby J. Marshall & Eric S. Beane, Prosecuting & Defending Class Actions After Certification: Perspectives on and strategies for litigating post-certification issues and trying class actions, Law Seminars International Eleventh Annual Comprehensive Conference on Class Actions, June 2015
  • Toby J. Marshall, Chelsea D. Petersen, Beau C. Haynes & William B. Stafford, Employment Class Actions: Current Trends in Certification; Hybrid Wage-Hour Actions; and Approaches and Challenges to Aggregate Damages, Law Seminars International Tenth Annual Comprehensive Conference on Class Actions, June 2014
  • Toby J. Marshall, Matthew Zuchetto,Guardian of the Innocent, King County Bar Bulletin, March 2014. Originally published in the March 2014 issue of the King County Bar Association Bar Bulletin. Reprinted with permission of the King County Bar Association.
  • Toby J. Marshall, The Fundamentals of Filing Wage and Hour Claims, University of Washington School of Law Students for Labor & Employment Justice Wage & Hour Seminar, February 2014
  • Toby J. Marshall, Determining Worker Status Under the Washington Minimum Wage Act: Anfinson and the Economic-Dependence Test, 12th Annual Labor and Employment Law Seminar, November 2012
  • Michael J. Loeb & Toby J. Marshall, Mediating Wage and Hour Class and Collective Actions, NELA Spring 2012 Seminar, March 2012
  • Toby J. Marshall, Class Action Implications at Intake, WELA Fall CLE, October 2011
  • 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 2010
  • Toby J. Marshall, Wrapping Up — Settlements, Judgments, Appeals and Enforcement, National Business Institute Seminar on the Mechanics of Washington Civil Procedure, October 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

Professional Recognition

  • Named to Super Lawyers list by Washington Law & Politics (2015, 2014)
  • President’s Award, Washington Defender Association (2014)
  • Champion of Justice Award, Washington Association of Criminal Defense Lawyers (2014)
  • Named to Rising Stars list by Washington Law & Politics (2012, 2011, 2010, 2009, 2007, 2006, 2005)

Education

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

Bar Admissions

Washington

Court Admissions

US District Court, Western District of Washington
US District Court, Eastern District of Washington
Ninth Circuit Court of Appeals