Representative Cases

Following are some representative cases:

Robert Adolph, The Adolph Law Group SeattleContract/Business

  • Peterson v. Black Rapid, Inc. et al (King County Superior Court, 2014): defended claims for minority shareholder oppression, shareholder derivative claims, and breach of contract; counterclaimed for fraud, conversion, breach of fiduciary duty, conflicting director’s transaction, and stock rescission. Obtained settlement on behalf of majority owner.
  • Mart Bert v. Judson P. Todd, Jr. (King County Superior Court, 2008): Obtained settlement valued at over $8,000,000 in contract and breach of fiduciary claims against former business partner and attorney.
  • Campagnolo v. Full Speed Ahead, Inc. (US District Court, Western District of Washington, 2010): Successful jury verdict in defense of two week federal Lanham Act claim regarding advertising issues in the international bicycle industry.
  • Kirlan Venture Capital, Inc. v. Regis, et al (King County Superior Court; cases tried in 2002 and 2003): Represented the managing partner of a venture capital firm in a bench trial related to venture capital fund formation, partnership distributions and tax characterization issues; obtained a judgment in excess of $18 million following a three-week trial and then successfully defended an appeal filed in the Washington State Court of Appeals. Morbeck v. Kirlan Venture Capital, Inc., 2003 Wn. App. LEXIS 1556.
  • James F. Brown v. Sierra Sunrise and David Sjule et al (AAA Arbitration, 2012); Represented majority owner in three multi-family apartment and condominium limited liability companies valued at over $30,000,000; obtained award affirming control and authority of majority owner.
  • Strider Construction Co. v. Fenton (AAA Arbitration, 2010): Shareholder valuation dispute in buyout of principal of firm; negotiated favorable settlement.
  • Wohlers (Ray’s Boathouse) v. Ocean Beauty Seafoods, Inc.(King County Superior Court): Obtained defense verdict in $2 million breach of contract action related to development of seafood product company.
  • Beatrice Dairy Products, et al. v. West Coast Grocery, et al. (Spokane County Superior Court): Lead counsel for 35 plaintiffs in action related to unlawful bulk transfer, unlawful conversion of property and fraud in the sale of a grocery store chain, resulting in favorable recovery for plaintiffs.
  • First Northwest Group LLC v. Leigh Stowell & Co., Inc. (King County Superior Court): Obtained monetary settlement for plaintiff market research company in claim arising out of breach of a Research Services Agreement.
  • Executive Direction, Inc. v. Bogle & Gates (King County Superior Court): Successfully defended executive placement firm against claim of negligence in hiring of information technology specialist.
  • Conover Insurance v. Halverson, Applegate (Yakima County Superior Court): Successfully represented regional insurance company in professional negligence claim against outside corporate counsel involving preparation of securities sale documentation and conflict of interest; obtained damage award at mediation.
  • Burlington Environmental, Inc. v. Foss (King County Superior Court): Represented BEI in action to enforce a royalty provision contained in a contract for the sale of a BEI subsidiary to Foss Maritime. Obtained a settlement following mediation.
  • Security Pacific Bank v. Swiftsure Farms et al. (King County Superior Court): Successfully represent major bank in claims involving complex loan and security agreements.
  • Security Pacific Bank v. Pacific Wood Fibers (Thurston County Superior Court): Successfully represented a major bank in loan violation and enforcement claims in the forest products industry.
  • Naples and Leather v. Pentzer and Foster, Pepper et al (US. District Court; WD Wa): Contract breach and professional negligence case involving joint venture partners and law firm.
  • Gredler v. International SOS Assistance, Inc. (King County Superior Court; 2013): Defended claim of agency, alter ego, and piercing corporate veil for an international medical care provider.


Trade Regulation

  • Kirlan Venture Capital, Inc. v. Regis, et al (King County Superior Court): Obtained summary judgment dismissing claims for misappropriation of trade secrets, unfair business practices and unfair competition arising out of formation of venture capital fund. Morbeck v. Kirlan Venture Capital, Inc., 2003 Wn. App. LEXIS 1556.
  • Salute v. Round Table Franchise Corporation (U.S. District Court, W.D. Washington): Lead counsel for plaintiff in an action for violation of state and federal trademark laws arising out of the use of the name “Salute” resulting in a favorable settlement.
  • Burlington Environmental, Inc. v. Kemp (King County Superior Court): Obtained injunctive relief against former employees of BEI who went to work for a competitor and then violated terms of a non-disclosure agreement by misappropriating proprietary information belonging to BEI.


Class Action, Antitrust and Securities Litigation

  • Jain v. Perkins, Coie et al and Dreiling v. Jain and Infospace et al (U.S. District Court, WD WA). Engaged as an expert witness by two law firms on a claim involving an adverse judgment in a shareholder derivative action insider trading suit involving a $248,000,000 judgment against insiders and owners.
  • Alakayak v. All Alaskan Seafoods (Alaska Superior Court): Represented Ocean Beauty Seafoods, Inc. in a class action anti-trust matter filed in Anchorage, Alaska involving alleged price-fixing in Alaska’s Bristol Bay fishery; obtained a unanimous defense verdict in May, 2003 following a four-month jury trial during which the class sought damages in excess of $1 billion.
  • In re: Exxon Valdez Oil Spill Litigation (U.S. District Court, D. Alaska): Represented commercial fishermen in class action claims related to the oil spill and served as member of Plaintiffs’ Executive and Case Management Committee.
  • Galando, Fox, Lynch and Dimke v. C& M Enterprises (King County Superior Court): Represented investors in a complex orchard syndication and offering seeking rescission under state and federal securities 10b-5 fraud statutes; obtained favorable settlement.
  • Regis v. Charles Schwab (NASD Panel): Obtained damages from broker for NASD violations and failure to timely execute trades.
  • Howell v. B.T. Alex Brown et al. (NASD Panel): Arbitration panel awarded damages to our client for fraudulent account management practices.
  • Wolfe v. John L. Scott, Inc., Wallace & Wheeler, Inc. et al. (King County Superior Court): Represented major realty company in alleged antitrust and trade restraint claims in sale and listbacks of building lots.
  • Campbell et al v. Primer, Schill & Associates (King County Superior Court): Represented investor in rescission of purchase and sale of unregistered securities and fraud in sale of securities under Sections 10b and 12, and rules thereunder.
  • Moyes v. Howard Primer et al (King County Superior Court): Represented investor in rescission of purchase and sale of unregistered securities and fraud in sale of securities.


Environmental Law/Toxic Tort

  • In re: Exxon Valdez Oil Spill Litigation (U.S. District Court, D. Alaska): Represented commercial fishermen in claims related to the oil spill and served as member of Plaintiffs’ Executive and Case Management Committee.
  • Thompson v. Philip Services Corporation (Montana District Court): Represented Philip Services Corporation and two of its Washington subsidiaries in a toxic exposure action brought by eight plaintiffs in Kalispell, Montana alleging exposure to PCBs; obtained a unanimous defense verdict in May, 2002 following a four-week jury trial.
  • Standard Equipment, Inc. v. The Boeing Company, et al. (U.S. District Court, W.D. Washington): Served on Defendants’ Liaison Committee in toxic tort litigation involving over 350 defendants sued for contamination under CERCLA, RCRA, and SARA.
  • U.S. Environmental Protection Agency v. Western Processing (U.S. District Court, W.D. Washington): Represented client Crosby & Overton, Inc. in action against 400 defendants for $48 million cleanup of Superfund site.
  • Burlington Environmental, Inc. v. Preservative Paint, et al. (Alaska (Anchorage) Superior Court): Lead counsel in contract litigation arising from hazardous cleanup of fire damaged paint factory.


Employment Law/Executive Compensation

  • Renton Coil Spring v. Turcotte (King County Superior Court, 2008): Successfully defended federal and state overtime wage claim by former Motor Sports Manager.
  • Renton Coil Spring v. Thibert (King County Superior Court; case tried in May and November, 2007): Represented employer in enforcement of non-competition and non-disclosure agreement against employee who was terminated and became a principal in a competing industry; obtained a permanent injunction enforcing the terms of the agreement and a judgment for fees and costs).
  • Kirlan Venture Capital, Inc. v. Regis, et al (King County Superior Court; cases tried in 2002 and 2003): Represented the managing partner of a venture capital firm in a bench trial related to venture capital fund formation, partnership distributions and tax characterization issues; obtained a judgment in excess of $18 million following a three-week trial and then successfully defended an appeal filed in the Washington State Court of Appeals. Morbeck v. Kirlan Venture Capital, Inc., 2003 Wn. App. LEXIS 1556.
  • AEA International USA, Inc. v Boudreaux (King County Superior Court): Obtained summary dismissal of claims filed against AEA International USA, Inc. by its former president and CEO alleging entitlement to equity participation in company; successfully defended appeal and obtained appellate opinion affirming dismissal. AEA Int’l USA v. Boudreaux, 2001 Wn.App. LEXIS 2461.
  • Doblar v. Alliant Techsystems, Inc. (U.S. District Court, W.D. Washington): Represented two high level executives who sought damages for breach of a severance agreement and executive stock incentive plan; obtained favorable settlement at mediation on the eve of trial.
  • Moriarty v. Trammell Crow Residential Services, Inc (Mediation): Obtained successful settlement following mediation on behalf of a Chief Operating Officer for Trammell Crow who sought damages for gender discrimination, retaliatory firing, breach of contract and wrongful withholding of wages.
  • Satow v. Yakima Oral Surgery (Mediation): Negotiated settlement of partnership interests on behalf of oral surgeon.
  • Bailey v. QFC (King County Superior Court): Represented four plaintiffs in a case involving claims for age and disability discrimination, resulting in settlement.
  • Hartman v. U.S. West (King County Superior Court): Represented plaintiff in action for wrongful termination and violation of the Americans With Disabilities Act, resulting in successful settlement following mediation.


Real Property

  • James F. Brown v. Sierra Sunrise and David Sjule et al (AAA Arbitration, 2012); Represented majority owner in three multi-family apartment and condominium limited liability companies valued at over $30,000,000; obtained award affirming control and authority of majority owner.
  • Grandstrom v. Grant (Snohomish County Superior Court; case tried in September, 2006): Represented minority owner in 84 acre residential development relating to dissolution of LLC, accounting issues, breach of fiduciary duty, conversion of assets, and restitution; obtained judgment after two week bench trial for $1,800,000 including $200,000 in attorneys fees.
  • Blume v. City of Seattle (King County Superior Court): Represented a real estate developer in a damage claim relating to the City’s refusal to issue a master use permit for a commercial office project; obtained favorable settlement. Blume v. City of Seattle, 134 Wn.2d 243, 947 P.2d 223 (1998).
  • Burlington Environmental, Inc. v. Port of Seattle (Arbitration): Lead counsel in successful arbitration relating to lease issues for RCRA facility on Elliott Bay, resulting in a $1.6 million lease award.


Aviation & Marine/Fisheries

  • Schalka v. Rudd (Snohomish County Superior Court): Lead counsel in successful wrongful death case involving stunt biplane crash in Hattiesburg, Mississippi; obtained award at mediation.
  • Witham v. Detroit-Diesel Allison, Fairchild Industries, Bendix et al (U.S. District Court, W.D. Washington): Lead counsel in five wrongful death actions arising out of a helicopter crash, resulting in settlement.
  • Nautilus Marine, Inc. v. Ocean Beauty Seafoods, Inc. (U.S. District Court, Alaska): Successfully represented Ocean Beauty Seafoods, Inc. in action filed by the owner of a chartered fishing vessel for damages arising out of a collision involving the chartered vessel.
  • Thompson v. Philip Services Corporation (Montana District Court): Represented Philip Services Corporation and two of its Washington subsidiaries in a toxic exposure action brought by eight plaintiffs in Kalispell, Montana alleging exposure to PCBs; obtained a unanimous defense verdict in May, 2002 following a four-week jury trial.
  • Standard Equipment, Inc. v. The Boeing Company, et al. (U.S. District Court, W.D. Washington): Served on Defendants’ Liaison Committee in toxic tort litigation involving over 350 defendants sued for contamination under CERCLA, RCRA, and SARA.
  • U.S. Environmental Protection Agency v. Western Processing (U.S. District Court, W.D. Washington): Represented client Crosby & Overton, Inc. in action against 400 defendants for $48 million cleanup of Superfund site.
  • Burlington Environmental, Inc. v. Preservative Paint, et al. (Alaska (Anchorage) Superior Court): Lead counsel in contract litigation arising from hazardous cleanup of fire damaged paint factory.