TMDW
Beth Terrell

Professional Experience

Kimberlee L. Gunning is a member of Terrell Marshall Daudt & Willie PLLC. She concentrates her practice on complex civil litigation and appeals, with a focus on consumer class actions, commercial litigation and business torts, employment law and appeals in all areas of civil and administrative law. Ms. Gunning has a special interest in challenging procedural barriers to justice for consumers and employees, such as mandatory arbitration clauses, class action waivers and preemption. She has handled complex commercial litigation matters involving breach of contract, unfair competition, non-compete and non-solicitation agreements, misappropriation of trade secrets, breach of fiduciary duty, and shareholder and partnership disputes. Before joining TMDW, Ms. Gunning maintained a solo practice in Seattle and was an associate at Tousley Brain Stephens PLLC.

Sample Achievements

Consumer Class Actions

Represented plaintiff class in consumer class action challenging automobile dealership's practice of collecting Washington State B&O tax directly from consumers. The Washington Court of Appeals and Washington Supreme Court affirmed the trial court's orders certifying the class and holding the dealership's practice is illegal. Nelson v. Appleway Chevrolet, Inc., 129 Wn. App. 927, 121 P.3d 95 (2005), affirmed, 160 Wn.2d 173, 157 P.3d 847 (2007).

Successfully resisted defendants' motion for summary judgment as part of litigation team representing all Washington residents who received illegal pre-recorded telephone calls marketing satellite television subscriptions. Spafford v. EchoStar Communications Corp. (W.D. Wash. 2007).

Individual Employment Cases

Negotiated severance package for salesperson terminated by major pharmaceutical company in retaliation for employee's reporting of harassment by manager. (Confidential, 2009)

Negotiated confidential six-figure pre-litigation settlement for employee terminated in violation of the Americans with Disabilities Act by well-known Northwest retailer. (Confidential, 2008).

Commercial Litigation & Business Torts

Represented commercial real estate broker in commission dispute arising from sale of $20 million shopping center. Coordinated discovery strategy, including production of over 75,000 pages of electronic documents. The case settled in our client's favor on the eve of trial for a confidential sum. (Liebsohn v. Knudsen, Pierce County Superior Court, 2007).

Negotiated settlement of dispute between LLC members regarding minority members' attempt to purchase majority members' interest. (O'Sullivan v. Touchstone, King County Superior Court, 2007).

Represented financial services professional in dispute arising from enforcement of non-compete agreement after employee's wrongful termination. Confidential settlement resulted in former employee being able to continue to service long-term clients and dismissal of all counterclaims for alleged misappropriation of trade secrets. (Confidential, King County Superior Court, 2006).

Appeals

Represented provider of kidney dialysis services in several successful administrative appeals before the Washington State Department of Health challenging agency decisions on certificate of need matters (2008-2010). Persuaded Washington Supreme Court to accept review of Court of Appeals decision holding attorneys who distribute judgment proceeds from their trust accounts to clients must provided restitution of those funds if the judgment is reversed on appeal. The Washington Supreme Court reversed the Court of Appeals' decision. (Ehsani v. McCullough Family P'ship, 160 Wn.2d 586, 159 P.3d 407 (2007)).

Successfully defended appeal of judgment in favor of former Internet entrepreneur in action seeking multi-million dollar damages relating to the sale of an Internet start-up to InfoSpace, Inc. Briefed and argued appeal before Division One of the Washington Court of Appeals. (Enger v. Richards, Wash. App. 2006, opinion available at 2006 WL 2742513).

Persuaded Florida Second District Court of Appeal to uphold trial court's dismissal of securities fraud claims against general partner and directors of restaurant franchise, based on enforcement of forum selection clause in partnership agreement. (J.T. Investments, Inc. v. Evergreen State Restaurant Corp., Florida Court of Appeal, 2005).

Reported Cases

Articles, Publications & CLE Materials

Education

Professional Organizations/Activities

Bar/Court Admissions