Alaska Structures v. Hedlund, Div. 1 Court of Appeals, Washington State — Successfully defended and had dismissed as a SLAPP lawsuit a breach of contract claim against a former emplyee related to posts criticizing the company on an Internet jobs forum. On appeal to the Division One Court of Appeals.
O'Neill v. Shoreline — Prosecuted a Public Records Act lawsuit related to access to metadata in an email before the trial court, Court of Appeals, state Supreme Court and on remand the trial court. Achieved an award of $100,000 in penalties and more than $430,000 in fees and costs. Landmark decision from the Washington State Supreme Court declaring metadata of a public record to itselff be a public record. Fee and cost award on appeal to the Division One Court of Appeals.
Freedom Foundation v. Governor Gregoire — Washington State Supreme Court challenge to Governor's claim to executive privilege to avoid producing records under the Public Records Act. Awaiting decision.
State v. Richardson, Washington State Supreme Court — Represented journalist in seeking to unseal criminal court records and a secret docket of a public official/legislative candidate/licensed school teacher related to a sex offense against a child. Motion to unseal in trial court was denied and was taken as a direct appeal by the Washington State Supreme Court. Supreme Court remanded for trial court to apply state law rewuirements and unseal the records and docket. Remand proceedings to occur in the fall.
JZK Inc v. Coverdale — Successfully quashed and narrowed subpoenas to organizaiton and employee whose partial function was investigating and reporting on an online publication. Relief was based on state Reporter's Shield Law and federal common law journalist's privilege.
Dang v. Ehredt, Division One Court of Appeals — Represented bank and bank teller in obtaining dismissalm of lawsuit by bank customer stemming from report to police. Was first occassion for the state appellate court to evaluate the scope of the state's law immunizing those who make reports to the government for all claims "based on the communication". Lawsuit raised non-communication claims, but we successfully established a right to the immunity when the original act was the call to police.
Berger v. Hanlon and CNN, US Supreme Court — Defended CNN in a 4th Amendment civil rights challenge by a rancher served with a search warrant where CNN was allowed to ride along with federal agents during their search. A dissappointing result by the U.S. Supreme Court finding law enforcement officers cannot bring the media with them during a search on private poroperty without vioalting the 4th Amendment, that the media could be deemed a joint co-conspirator with the government and subject to the same 4th Amendment liability, and that the media's independent watchdog function did not justify allowing media presence,