Erika Nusser is a member at Terrell Marshall Law Group. She concentrates her practice on complex litigation, including individual and class action employment and consumer fraud litigation, as well as cases on behalf of survivors of sexual abuse. Ms. Nusser joined Terrell Marshall, as an associate in 2008 and has achieved successful results in trial, settlement, and on appeal, including a $4.1 million jury verdict in a wage and hour class action, a $5.75 million settlement in a wage and hour class action on behalf of truck drivers, and a $1.9 million settlement in a class action for unlawful debt collection.
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Wage & Hour Collective Actions
Mendis v. Schneider National Carriers, Inc. – Obtained certification of class of more than 1,000 truck drivers in Washington State who allege wage and hour violations. After several years of litigation, TMLG reached a class-wide settlement of $5.75 million. Final approval was granted by the U.S. District Court for the Western District of Washington in November 2018.
Helde v. Knight Transportation, Inc. – Obtained certification of class of more than 200 current and former truck drivers alleging violations of wage and hour laws in Washington. After several years of vigorous litigation, TMLG reached a class-wide settlement of $1.45 million, not including attorneys’ fees and costs. Final Approval was granted by the U.S. District Court for the Western District of Washington in October 2017.
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.
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. Final approval granted in February 2015.
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. Final approval granted in September 2014.
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.
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
C.B. v. Lake Chelan School District Settlement – Negotiated six-figure settlement on behalf of student who alleged sexual assault by teacher and on behalf of family members who suffered emotional distress.
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 alleged they 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, 2016-2019
- 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
- American Association for Justice
“Rising Star” Washington Law & Politics Magazine (2013, 2014, 2015, 2016, 2017, 2018, 2019)
- 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
USDC for the East. Dist. of WA
USDC for the West. Dist. of WA
Ninth Circuit Court of Appeals