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. Toby has dedicated his career to fighting for people who cannot afford access to justice. Through his advocacy, Toby has recovered tens of millions of dollars for workers subjected to wage theft and consumers treated unfairly by businesses. He has also obtained substantial injunctive relief for individuals whose civil rights were violated by governmental entities.

Toby has successfully litigated and tried cases in state and federal courts. He has also secured numerous appellate victories and has briefed and argued cases before the Washington Supreme Court, the Washington Court of Appeals, and the Ninth Circuit Court of Appeals. Toby has practiced in courts around the country, and he co-counsels with many firms and nonprofit organizations.

Examples of Toby’s work include a civil rights class action brought against two Washington municipalities. The plaintiffs alleged the cities were violating the Sixth Amendment to the United States Constitution by failing to provide meaningful assistance of counsel to thousands of low-income individuals. After a nine-day trial, Toby and his team obtained a complete victory for the class, including the appointment of a supervisor to oversee the cities’ public defense system for three years.

In another civil rights class action, Toby sued a Washington county for operating a debtor’s prison—jailing people who can’t afford to pay court debt—in violation of the Fourteenth Amendment to the Constitution. As a result of the lawsuit, the county agreed to end this practice and make several changes to its system.

Toby has represented employees in a variety of wage and hour lawsuits, including one against a company that failed to pay overtime compensation to drywall workers. After a five-week jury trial, Toby secured a judgment in excess of $4.17 million for the class. In another case, Toby obtained a judgment of $2.6 million for auto dealership employees in eastern Washington.

Toby is a member of the Washington Employment Lawyers Association and has authored many amicus briefs that have helped advance the rights of workers. He 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.

Sample Achievements

Wage and Hour Class & Collective Actions

  • $35 million settlement for retail employees
  • $10.5 million settlement for delivery drivers
  • $5.75 million settlement for truck drivers
  • $4.17 million judgment for drywall workers after five-week jury trial
  • $2.6 million judgment for auto dealership employees after four-day arbitration
  • $2.55 million settlement for concrete pump operators
  • $2.5 million settlement for farm workers
  • $1.75 million settlement for security guards
  • $1.75 million settlement for sales employees
  • $1.45 million settlement for truck drivers
  • $1.45 million settlement for delivery drivers
  • $1.39 million settlement for pest-control employees
  • $1.23 million settlement for farm workers
  • $1.1 million settlement for construction workers
  • Seven-figure settlement for janitorial workers
  • Seven-figure settlement for employees of labor services company
  • Seven-figure settlement for farm workers
  • Numerous six-figure settlements for restaurant workers, delivery drivers, truck drivers, cable installers, fast-food workers, catering workers, and others

Consumer Protection Class Actions

  • $2.35 million settlement for consumers charged excessive debt adjusting fees
  • $2.2 million settlement for consumers charged excessive debt adjusting fees
  • $1.15 million settlement for consumers charged excessive debt adjusting fees
  • Seven-figure settlement for consumers subjected to deceptive retail practices
  • Seven-figure settlement for consumers who purchased defective building product
  • Six-figure settlement for credit union members charged unfair overdraft fees
  • Six-figure settlement for members of gym who had lifetime memberships revoked
  • Six-figure settlement for consumers charged excessive debt adjusting fees
  • Six-figure settlement for people subjected to credit reporting violations

Civil Rights Class Actions

  • Injunctive relief after nine-day trial for class of indigent people alleging systemic violations of Sixth Amendment right to counsel
  • Settlement with injunctive relief for people jailed for nonpayment of court debt in violation of Due Process and Equal Protection Clauses of Fourteenth Amendment
  • Settlement with injunctive relief for Medicaid recipients denied benefits in violation of Due Process Clause of Fourteenth Amendment
  • Six-figure settlement with injunctive relief for retail employees alleging religious discrimination

Individual Cases

  • $224,664 verdict in trial for consumer who purchased defective yacht
  • $200,000 verdict in jury trial for wrongfully terminated employee
  • Six-figure settlement for employee alleging race discrimination
  • Six-figure settlement for employee denied commissions
  • Proved actual innocence of three men wrongly convicted of serious felonies

Selected Published Decisions

  • Burnett v. Pagliacci Pizza, Inc., 470 P.3d 486 (Wash. 2020)
  • Fields v. Department of Early Learning, 434 P.3d 999 (Wash. 2019)
  • Moore v. Urquhart, 899 F.3d 1094 (9th Cir. 2018)
  • Hill v. Xerox Bus. Servs., LLC, 426 P.3d 703 (Wash. 2018)
  • Carranza v. Dovex Fruit Co., 416 P.3d 1205 (Wash. 2018)
  • Chavez v. Our Lady of Lourdes Hosp. at Pasco, 415 P.3d 224 (Wash. 2018) (amicus curiae)
  • Brady v. AutoZone Stores, Inc., 397 P.3d 120 (Wash. 2017) (amicus curiae)
  • City of Richland v. Wakefield, 380 P.3d 459 (Wash. 2016) (amicus curiae)
  • Larson v. State, 375 P.3d 1096 (Wash. Ct. App. 2016)
  • Lopez Demetrio v. Sakuma Bros. Farms, Inc., 355 P.3d 258 (Wash. 2015)
  • LaCoursiere v. Camwest Development, Inc., 339 P.3d 963 (Wash. 2014)
  • Becerra v. Expert Janitorial, LLC, 332 P.3d 415 (Wash. 2014) (amicus curiae)
  • 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., 287 P.3d 516 (Wash. 2012) (amicus curiae)
  • Anfinson v. FedEx Ground Package Sys., Inc., 281 P.3d 289 (Wash. 2012) (amicus curiae)
  • Brown v. Consumer Law Associates, 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., 202 P.3d 1009 (Wash. Ct. App. 2009)

Professional Organizations and Activities

  • Washington State Bar Association | Member
  • King County Bar Association | Member
  • Washington Employment Lawyers Association | Amicus and Legislative Committees
  • Washington Appellate Project | Board Member
  • ACLU Foundation of Washington | Legal Committee
  • Washington State Association for Justice | EAGLE Member
  • American Association for Justice | Member
  • Public Justice Foundation | Member
  • National Association of Consumer Advocates | Member
  • 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

Professional Recognition

  • Fellow of the American Bar Foundation (2020)
  • President’s Award, Washington Defender Association (2014)
  • Champion of Justice Award, Washington Association of Criminal Defense Lawyers (2014)
  • Super Lawyers List, Washington Law & Politics (2014–2020)
  • Named to Rising Stars list by Washington Law & Politics (2005–2007, 2009–2012)

Education

  • University of Washington, J.D. | Moot Court Honor Board and Order of Barristers
  • California State University, Sacramento, B.A. in English, cum laude

Bar Admissions

Washington

Court Admissions

United States Supreme Court
First Circuit Court of Appeals
Fourth Circuit Court of Appeals
Ninth Circuit Court of Appeals
U.S. District Court for the District of Colorado
U.S. District Court for the Eastern District of Washington
U.S. District Court for the Western District of Washington