Law Office of David N. Mark
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Victory in the United States Supreme Court. **

    Alvarez v. IBP, 546 U.S 21 (2005), aff’g 339 F.3d 894, (9th Cir. 2003), aff’g CT-98-5005-RHW (E.D. Wash. 1998).  I filed and litigated this slaughterhouse worker class action that resulted in an important United States Supreme Court victory affecting workers across the United States.  It included a 9th Circuit Court of Appeals victory on a wide range of federal and state issues.  Over $8,000,000 was distributed to Pasco IBP plant workers.  The slaughterhouse workers were not paid for putting on or taking off their equipment pre-shift, post-shift or during  unpaid “meal breaks.”

Important Victory for Taco Bell Workers in Washington State

     Ryder et al. v. Taco Bell, (King County Superior Court 1995).  I filed and litigated a wage and hour class action for Taco Bell workers across Washington State.  An 8-week trial proved Taco Bell was engaged in a wide range of willful violations statewide.  The jury verdict was front-page news across the state, telling workers they had rights that could be enforced and telling employers they needed to clean up their acts.  Taco Bell workers received $3,000,000. 

Other Slaughterhouse Worker Case

    Chavez v. IBP, (E.D.Wash. 2001)(follow up to Alvarez v. IBP, supra,; $11.4 million judgment after 4-week trial before Chief District Judge Whaley; settled while on appeal with $ 8.4 million going to workers).
Small Pending Class Action

Espinoza et al. v. MH Janitorial Services, LLC, et al. (King County Superior Court 2014)(class of 175 janitors; joint employment issue involving national janitorial contractor and Fred Meyer Stores, Inc.)

Oil Refinery Cases – Small Classes – Pre-shift Activity Claims.

     Stanek v. Matrix Services, Inc., Skagit County Superior Ct. 2006)(62 class members at oil refinery; pre-shift travel and donning time; $ 250,000 to class members).

     Olson v. Tesoro Refining and Marketing Co., (W.D. Wash.)(2006)(state law pre-shift travel and donning time; settled for $950,000, including backpay and attorney fees)(companion case to Stanek v. Matrix, above).

Immigrant Drywall Workers – Small Class – Unpaid Overtime Work by Piece Rate Workers.
    Garcia et al. v. Artistic Drywall Textures, Inc, (King County Superior Ct. 2006) (piece-rate drywall workers; class certified; settled with $273,000 to workers).

Three UPS Package Car Driver Off-the-Clock Meal Break Cases

    Watkins et al. v. United Parcel Service, Inc.,(King County Superior Court 2003) (statewide meal and rest break claims; removed to federal court, remanded and class certified; settled in 2005 with $ 2.8 million paid to workers).

      Bell et al. v. United Parcel Service, Inc.,(Cook County, Ill. 1994)(filed statewide class action on behalf of package car drivers; certified; $7 million settlement; principal attorney in pre-trial investigation, filing and early research;  Illinois co-counsel took principal role thereafter).

    Self et al v. United Parcel Service, Inc., (Bernallilo County, N.M. 1997)(putative class action for New Mexico package car drivers; dismissal on § 301 LMRA preemption reversed by New Mexico Supreme Court; certification denied ; settlement for 9 drivers  after successful mandatory arbitration award)(only denial of certification).

Oregon Taco Bell Workers

    Bravo et al. v. Taco Bell Corp., (Multnomah County Ct., Oregon 1997)(statewide class action against fast food chain; active through class certification; liability established in jury trial; damages for subset established in second jury trial; case settled; Taco Bell paid approximately $1 million to workers in an unsuccessful effort to avoid certification, and  paid an additional $1 million to settle case; I had a principal role through certification; co-counsel then took over).

Four Charter Bus Driver Cases – Small Classes

    Wherrett et al. v. Evergreen Trails, (King County Superior Court 2000)(overtime claims for approximately 100 charter bus drivers; settled for approximately $ 152,000 to class members).

    Karlan and Dawson v. Totem and Gazelle (King County Superior Court 2002)(overtime claims for approximately 100 charter bus drivers; settled with struggling company for $100,000 to class members).

    Franklin et al. v. Hesselgrave Int’l,(King County Superior Court 2001)(overtime claims for approximately 100 charter bus drivers; settled with struggling company for $75,000 to class members).

    Minkler et al. v. Starline Transportation, (W.D. Wash. 2006)(removed to federal court; bus driver tip deductions; settlement fund $55,000)

Several Other Small Class Actions:
     Thompson et al. v. Petersen Bros. et al., (King County Superior Ct.)(settled 2011, class of 69; $350,000 to class).
    Stivala et al. v. Millennia Healthcare, Inc., (2005 King County Superior Court) (overtime for home healthcare workers settled for $52,000 to class; agreement paid only $3,800 for my fees).

    Soergel et al. v. Republic Parking NW, (W.D.Wash. 1998)(63 parking valets, removed from King County Superior Court; settled for approximately $65,000 to valets);

    Burgin et al. v. Hos Bros, Inc., (1995 King County Superior Court)(15-minute pre-trip inspection claims for approximately 100 truck drivers; short class period; settled for $ 75,000 to drivers);   

    Kunz et al. v. Denny’s Restaurant, (King County Superior Court 1999)(one-store class; $100,000 settlement fund for class members).

    Cottam et al. v. Northwestern Restaurants, (King County Superior Court 1997)(14 Taco Bell franchise stores; settled with claims process).

**  On major class actions I have proudly associated William J. Rutzick of Schroeter, Goldmark & Bender, whose partners Kathy Goater and Becky Roe were lead trial counsel in the slaughterhouse cases and Ryder v. Taco Bell, respectively.    
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