PROFESSIONAL EXPERIENCE
Kim concentrates his practice on commercial, real property and class action litigation. He has a broad range of experience litigating condemnation, environmental, construction, products liability, and securities matters, and has been appointed special attorney general for Washington State and lead counsel to manage both state and federal, multi-district class actions. Kim is frequently retained by other lawyers to serve as lead trial or appellate counsel. He is a court-appointed mediator for commercial disputes pending in the Federal Court for the Western District of Washington.
Kim practiced with the criminal defense firm of Allen & Hansen, and served as a judicial extern clerk to The Honorable Eugene A. Wright, Senior Judge, Ninth Circuit Court of Appeals, before joining Tousley Brain Stephens PLLC in 1981. He managed the firm from January 1994 through March 1997, reassuming this position from September 2001 through December 2005.
REPRESENTATIVE MATTERS
Commercial Litigation
Anderson et al v. Cedar Grove Composting, Inc. - Defended Queen City Farms, Inc., in $2 billion pollution and environmental clean-up case involving thousands of class members. The trial court certified a settlement class and approved settlement of all claims against Queen City Farms in return for Queen City Farms assigning to the class its rights, if any, in one CGL insurance policy with a $1 million limit while Queen City Farms retained all rights to defense costs under the same policy.
Diamond Parking, Inc. v. Washington State Trade & Convention Center et al. - Appointed special attorney general for the state of Washington to handle development disputes arising in connection with a downtown office building developed on Washington State Convention Center property. Washington State prevailed on appeal in an unpublished opinion.
Ellis Court Apartments Limited Partnership v. State Farm Insurance Company - Successfully represented plaintiff at trial and on appeal against its property insurer related to wrongful denial of coverage for water intrusion and consequent collapse of low income housing project. This is the first reported case in Washington to reject the manifestation trigger for first-party property insurance coverage and is reported at 117 Wn. App. 807, 72 P.3d 1086 (2003).
Fjetland v. Lone Star Northwest, Inc., et al. - Successfully defended Lone Star Northwest, Inc., against $90 million antitrust and racketeering claims. The trial court dismissed all claims and the Ninth Circuit Court of Appeals affirmed the dismissal and sanctioned the plaintiffs. The United States Supreme Court denied certiorari.
Stein v. Geonerco, Inc. - Successfully defended homebuilder Geonerco, Inc., in multi-million dollar putative class action litigation concerning siding installed in a manner that allegedly invalidated the manufacturer's warranty. The case was dismissed by the plaintiff class and the individual plaintiffs after the Court of Appeals stayed the litigation pending binding arbitration on an individual basis. The case is reported at 105 Wn. App. 41, 17 P.3d 1266 (2001).
Wood v. Bainbridge et al. - Successfully defended a group of 104 defendants sued for racketeering and mail and wire fraud. The trial court dismissed all claims and the Ninth Circuit Court of Appeals imposed sanctions on the plaintiff. The United States Supreme Court denied certiorari.
Class Action Litigation
Barrett v. PABCO, Inc. - As lead counsel, successfully represented a national class of homeowners with allegedly defective PABCO HO-25 or HZ-25 roofing shingles. The case settled on a claims-made basis doubling the compensation otherwise available to class members under a consent decree negotiated with the Attorney General.
Carroll v. Nuprecon, Inc. - Successfully defeated two attempts at class certification by truck drivers claiming to be entitled to be paid prevailing wages.
Cole v. Wells Fargo Bank, N.A. - Appointed lead counsel for national class of consumers who were overcharged banking fees. The case was resolved successfully by the bank reimbursing its customers for all overcharges.
Commonwealth Land Title Ins. Co. adv. EC & Associates - Successfully defended class action suit alleging unfair and deceptive underwriting policies. The plaintiffs dismissed their claims with prejudice before seeking class certification.
Delay et al. v. Hurd Window Manufacturing Company - Appointed co-lead counsel for multi-state class of consumers who were fraudulently induced to purchase energy savings windows. The case settled for $5.3 million.
Grays Harbor Adventist Christian School et al. v. Carrier Corp. - As co-lead counsel, represented over three million national consumers who alleged Carrier Corporation sold defective high efficiency furnaces. The case settled when Carrier agreed to compensate consumers for past failures and fix the alleged defect for free in the future.
In Re Behr Sealant Class Action Litigation - Appointed co-lead counsel for national class of purchasers of allegedly defective sealant. The case settled on a claims-made basis.
JCC Pelletz v. Weyhauser Company - Appointed local and liason counsel for national class of consumers who purchased defective Choicedek® decking and railing. The case settled on a claims made basis.
Nelson v. Appleway Chevrolet, Inc. - Successfully represented plaintiff class of purchasers of vehicles, parts, and services against automobile dealers in Washington who illegally charged and collected B&O tax. The trial court certified a CR23(b)(2) class and granted summary judgment of liability, which was affirmed on appeal, Nelson v. Appleway Chevrolet, Inc., 129 Wn. App. 927, 121 P.3d 95 (2005), and affirmed again by the Washington State Supreme Court at 160 Wn.2d 173, 152 P.3d 847 (2007).
Richison v. American Cemwood Corp. - Appointed as co-lead counsel for national (excluding Colorado) class of Cemwood shake property owners. The San Joaquin County Superior Court approved a $105 million partial settlement with the manufacturer's parent company. The remaining claims settled shortly before trial for an additional $85 million.
Ross v. Trex Company, Inc. - Appointed as co-lead counsel for a national class of consumers who purchased defective Trex® decking and railing. The case settled on a claims made basis entitling class members to replacement product and a labor allowance.
Spafford v. EchoStar Corp., et al. - Appointed co-lead counsel for Washington consumers who received illegal telephone solicitations. Parts of the case are published at 448 F. Supp. 2d 1220 (W.D. Wash. 2006) (involving First Amendment challenge) and 2007 WL 2055838 (W.D. Wash. July 16, 2007) (involving vicarious liability). The case was resolved successfully for injunctive and cy pres relief.
Zwicker et al. v. General Motors Corporation - Appointed co-lead counsel for national class of 4.2 million purchasers of certain GM trucks with defective speedometers. The case was resolved successfully by GM agreeing to fix defective speedometers for free and to reimburse class members for all past repair costs.
Eminent Domain/Condemnation Litigation
Port of Seattle v. Equitable Capital Group, Inc., et al. - Successfully represented the Port of Seattle through trial and before the Washington State Supreme Court as lead counsel in eminent domain action in which property owners sought $70 million. The jury returned a $12 million verdict favorable to the Port. The case was appealed, affirmed, and is reported at 127 Wn.2d 202, 395 P.2d 275 (1995).
Sound Transit v. Kent Central LLC - Negotiated resolution of condemnation action on behalf of Benaroya Properties as owners of the "Rainier Brewery" property whereby Benaroya Properties received over twice its purchase price for the condemned property just seven months after purchasing it.
Sound Transit v. L & R Investment Company - Negotiated resolution of a condemnation action involving the redesign and construction of an approximately 2,000-stall parking garage serving Seattle-Tacoma Airport.
Seattle Monorail Project v. SBTM LLC et al. - Successfully represented developer of downtown hotel and condominium project in condemnation of 1600-square-foot air-rights easement by the Seattle Popular Monorail Authority. The case settled shortly before trial in the mid-seven figure range, approximately ten times greater than the Monorail's initial offer.
Real Estate, Land Use and Construction Litigation
Residential Investment Partners v. S.C. Partners Inc. et al. - Successfully represented owner, developer, and general contractor against subtrades for construction defects. The case resulted in an excess insurance judgment of approximately $2 million against one defendant and $1.5 million in settlements against the others.
TFL Associates LLC et al. v. Rainier View Water Company et al. - Successfully procured and defended water rights for developer of master planned community consisting of approximately 2,500 residences on 483 acres of land before Washington State Utilities & Transportation Commission.
Securities Litigation
CMP Holdings, LP v. Swinomish Indian Tribal Community et al. - Successfully defended the Swinomish Indian Tribe and its advisers from securities fraud allegations in Dallas, Texas, related to multi-million dollar development of a marina on tribal land in Washington.
John v. MidCom Communications, Inc., et al. - Successfully defended MidCom Communications, Inc., including its directors and officers, from securities and common law fraud claims. The case settled for confidential sums after the Washington State Securities Act claims were dismissed.
Johnson et al. v. Amgen Boulder, Inc., et al. - As lead counsel, successfully represented a large class of limited partners that invested approximately $50 million to fund the development of a genetically-engineered molecule with the world's largest biotech company. The case settled shortly before trial for payments totaling up to $82 million.
McCaugherty et al. v. Siffermann et al. - Successfully represented plaintiffs as lead counsel in securities fraud action against federal banking regulators and others arising out of $30 million leveraged buyout of a property management and syndication company from a failed savings and loan association. The case settled for confidential sums. Parts of the case are reported at 77 F. Supp. 1128 (N.D. Cal. 1991) and 132 F.R.D. 2341 (1990).
Phoenix Partners II Limited Partnership et al. v. Serviscope, Inc., et al. - Successfully represented plaintiff venture capitalists as lead counsel in securities fraud action against biotech company involving mezzanine financing. The case settled for $2.6 million, which was the full amount invested, plus attorneys' fees and costs.
Wolf et al. v. Asiamerica et al. - Successfully represented plaintiff class of investors as lead counsel in securities fraud action against international leveraged buyout corporation. The case settled for $4.6 million, which was the full amount invested, plus attorneys' fees and costs.
PUBLICATIONS AND PRESENTATIONS
Associate Professor: Real Estate Litigation and Dispute Resolution - University of Washington School of Business, Commercial Real Estate Certificate Program (2003 through present term)
Speaker: Special Issues from Condemnation Disputes in a Weak Market: Evidentiary and Valuation Issues, Commercial Real Estate Workouts & Remedies, Law Seminars International (July 2008 and June 2009)
Speaker: Dispute Resolution Through Litigation-Arbitration-Mediation, Seattle Chapter of the Appraisal Institute Annual Fall Real Estate Conference (November 2008)
Speaker: What a Plaintiff's Class Action Lawyer Should Look for Before Filing a Complaint, Law Seminars International (2007)
Speaker: A Practical Guide to Attorney-Client Privilege, the Work Product Doctrine, Joint Litigation Agreements, and Ex Parte Contacts (2006)
Speaker: Cross-Examination of Expert Witnesses: Conducting an Effective Cross-Examination in Washington, Lorman Education Services (2001)
Speaker: Finding, Preparing, and Using Expert Witnesses, Ethical Issues in Presenting Expert Testimony, Washington State Bar Association (1999)
PROFESSIONAL AND COMMUNITY INVOLVEMENT
Washington State Bar Association (Trial Practice and Real Property Sections)
Oregon State Bar Association
American Bar Association (Litigation, Securities, and Business Law Sections)
American Association for Justice
King County Superior Court - Arbitrator
U.S. District Court Western District of Washington - Mediator
FINRA (Financial Industry Regulatory Authority, formerly NASD, Inc.) - Member and Board of Arbitrators
National Campaign for Tolerance, Southern Poverty Law Center - Founding Member
Gerson Lehman Group Legal Council, International Consulting Group - Member
PROFESSIONAL RECOGNITION
Fellow of American Academy of Trial Counsel
Repeatedly recognized as a "Super Lawyer" in Washington Law & Politics magazine
Designated as one of the Best Lawyers in Washington by Seattle magazine and Puget Sound Business Journal
Designated as one of The Best Lawyers in America in the areas of Commercial Litigation, Eminent Domain and Condemnation Law by Best Lawyers®
Profiled in Who's Who in American Law, Business and Management
Recipient of American Jurisprudence Awards
AV-Peer Review™ Rated in Martindale-Hubbell®
EDUCATION
J.D., with honors, University of Washington School of Law
B.A., magna cum laude, University of Washington
Phi Beta Kappa
Undergraduate studies, Seattle University Honors Program
ADMISSIONS
Washington
Oregon
U.S. District Court for the Western District of Washington
U.S. Court of Appeals for the Ninth Circuit
U.S. Supreme Court
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