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Trusts and Estates Partner with wealth planning experience


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Karr Tuttle Campbell > Firm Details

Location

King
1201 Third Avenue, Suite 2900 ,
Seattle, Washington - 98101

Website

http://www.karrtuttle.com

Other Offices

+King 

Staff Size : 74
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Karr Tuttle Campbell is one of the best firms in the Pacific Northwest, with a long history for exceptional professional representation of clients in a variety of industries. The attorneys practicing law with this firm are encouraged to have a genuine commitment to community activities. The firm has offices in Seattle and Portland, and also provides legal counsel for individuals, local, and regional businesses of all sizes, to Fortune 500 businesses in the Northwest.


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Law Firm News
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08-31-2007

"In a unanimous decision filed on August 9, the Washington Supreme Court reversed the Court of Appeals (Division One) and affirmed summary judgment on behalf of Todd Shipyards Corporation in a case brought by a former shipyard worker who contracted a fatal cancer after allegedly being exposed to asbestos.

The plaintiff, Roger Herring, had sued Todd (among other defendants) in 2003 alleging that Todd was responsible for his exposure to asbestos. Mr. Herring had filed a similar lawsuit in 1989, in which Todd was not named as a defendant, stating that he had been diagnosed with an asbestos-related disease in 1986. It was that lawsuit and the allegations contained in it that eventually led to dismissal of Mr. Herring's (and, later, his estate's) claims against Todd in the 2003 action.

After Mr. Herring's 1986 diagnosis, Todd filed a voluntary petition for Chapter 11 reorganization in the U.S. Bankruptcy Court for the District of New Jersey. Creditors were required to file proofs of claims in Todd's bankruptcy by June 6, 1988. As ordered by the bankruptcy court, Todd published notice of its bankruptcy on March 16, 1988, and sent notice of the bankruptcy to its known creditors. Claims of creditors who received effective notice were discharged by the bankruptcy court when Todd emerged from bankruptcy in 1990

The issue presented to the Supreme Court was whether Mr. Herring had received sufficient notice of Todd's bankruptcy via the notices published in local and national newspapers and, thus, whether his claim had been discharged, effectively barring his lawsuit against Todd. As held by the Court, ""It [was] undisputed that because Herring was diagnosed with pleural thickening in 1986, his claim against Todd accrued before the bankruptcy bar date and was potentially dischargeable."" Mr. Herring's counsel argued that Todd had not made the requisite ""diligent efforts"" to identify and notify potential creditors before publishing notice of its bankruptcy and, therefore, should have made further effort to do so, including -- specifically -- providing actual notice to Mr. Herring's union, which was not a creditor in Todd's bankruptcy. Todd successfully argued that it had complied with its notice duties under federal law because neither Mr. Herring nor his claim were known to it at the time of its bankruptcy and that the union, as a non-creditor, was not entitled to any notice of Todd's bankruptcy. The Court held:

"[B]ecause it is undisputed that Todd did not have knowledge of Herring's claim, Todd could not have given actual notice to Herring. Herring argues that notice should have been given to his union. It certainly would have been desirable for the bankruptcy court to have required such notice, or for Todd to have taken the extra step and given notice to Herring's union. But, under current federal case law, it appears to us that Todd had no duty to inform Herring's union. It was not any sort of creditor. Nor do we find support for the theory that notice to Herring's union would have acted as a constitutionally sufficient conduit to provide notice to Herring if he was in fact a known creditor. The record reflects that the most the union would have done would have been to publish notice of Todd's bankruptcy in union publications or at union meetings. The union would, at best, have provided publication notice to Herring. Notice to Herring's union would not have been actual notice to Herring, nor would such notice satisfy due process had Herring been a known creditor. ... Herring was unknown to Todd, and notice to the union would not be actual notice to Herring.... We conclude that Herring was only entitled to notice by publication. Accordingly, we reverse the Court of Appeals[.]"
07-31-2007

The law firm of Karr Tuttle Campbell is pleased to announce the expansion of its Litigation and Employment Relations Practice Groups. The firm welcomes shareholders Thomas D. Adams, Penn Gheen, J. Dino Vasquez, and Medora A. Marisseau; associates Celeste Mountain Monroe, and Brian K. Keeley; and paralegals Carrie Baird, Carol Bergson and Jana Thomas, all formerly of Bullivant Houser Bailey PC’s Seattle Office. Also joining Karr Tuttle Campbell today is Debra Hulse, corporate paralegal, formerly of the Salt Lake City firm of Fabian & Clendenin.

Bruce E. Larson, President of Karr Tuttle Campbell, commented, “We are delighted to be joined by this cohesive group whose diverse skills nicely complement and strengthen our existing practice PDF created with pdfFactory trial version www.pdffactory.com Attorneys join Karr Tuttle Campbell groups. Not only are we fortunate to be joined by some good people who put a high value on community service and otherwise share the values our firm exceptionally talented attorneys but they are stresses.” Thomas D. Adams, former firm-wide head of Bullivant Houser’s Litigation Department, added, “Karr Tuttle Campbell has a tremendous reputation for legal excellence throughout the Pacific Northwest. We are very excited to have this opportunity to join the firm and expand the services available to our clients.”

Mr. Adams, who will be a Shareholder in the firm’s Litigation Department, focuses his practice on the resolution of commercial and environmental disputes through mediation, arbitration and litigation. He has practiced in the federal and state courts of Washington and Oregon since 1986.

Penn Gheen and J. Dino Vasquez will also be shareholders with the firm’s Litigation Department. In 2006 Bullivant cited Mr. Gheen as its trial lawyer of the year. He has litigated cases in both the state and federal courts of Washington and Oregon for the past 30 years having tried over 100 jury cases to verdict. Mr. Vasquez handles civil litigation matters in federal and
state courts, with an emphasis on commercial, professional liability, and trade customs litigation.

Medora A. Marisseau has joined the firm’s Employment Relations Department as a Shareholder. Ms. Marisseau provides employment, ERISA and employee benefits advice and litigation services to employers throughout the Pacific Northwest and Alaska.

Celeste Mountain Monroe has joined the firm’s Litigation Department as an Associate. Her practice focuses on construction litigation, commercial litigation and personal injury. Ms. Monroe is a graduate of Willamette University where she was the Symposium Editor of the Willamette Law Review.

Brian K. Keeley has joined the firm’s Employment Relations Department as an Associate. Mr. Keeley provides advice, counseling and litigation services in the areas of employment, employee PDF created with pdfFactory trial version www.pdffactory.com


Primary Practice Areas

Appellate, Antitrust & Trade Regulation, Aviation, Banking, Business & Finance, Construction, Copyright & Trademark, Debtor/Creditor, Elder Law, Electronic Commerce & Internet Law, Emerging Companies, Environmental, ERISA, Estate Planning, Trusts & Probate, Executive Compensation & Benefits, Franchise Law, Health Care, Immigration, Insurance Coverage, Intellectual Property, International Business, Labor & Employment Relations, Land Use, Litigation - Commercial & Personal, Mergers & Acquisitions, Personal Injury, Product Liability, Public Offerings, Real Property, School Law, Securities & Securities Litigation, Software & Technology, Taxation - Federal, State & International, Venture Capital, Worker's Compensation.

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