SCB litigators recently obtained dismissal of novel antitrust and dormant Commerce Clause claims on summary judgment.  SCB's client contracted to be the exclusive provider of ambulance services for a county on the Oregon border near Portland.  A competing ambulance company claimed the implementing ordinance violated the Sherman Act and the dormant Commerce Clause of the U.S. Constitution.  The U.S. District Court disagreed, sustaining SCB's client's position.  For more information about this case or SCB's Litigation practice, please contact Paul Dayton or Bryan Doran (206.682.3333 or pdayton@scblaw.com or bdoran@scblaw.com).

SCB represents the Confederated Tribes of the Colville Reservation, the plaintiff in litigation under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, known as the federal Superfund Act) against Teck Metals, Ltd. regarding environmental contamination in the Columbia River. On November 29, 2011, the United States District Court for the Eastern District of Washington denied Teck's motion asking the court to determine as a matter of law that the Tribes' co-plaintiff, the State of Washington, is a liable party under the Superfund Act. Teck argued that the State was liable as an "arranger" for permitting mining and related activities in the region under written contracts. The court disagreed, finding that the State was not liable. For more information about SCB's Tribal and Environmental Litigation practice, please contact Richard Du Bey, Paul Dayton, or Leslie Clark (206.682.3333 or rdubey@scblaw.com or pdayton@scblaw.com or lclark@scblaw.com).

Federal Rule of Civil Procedure 26(a)(2)(B)(ii) requires a testifying expert to produce a report containing "the facts or data considered by the witness" in forming his or her opinions. On a motion to compel discovery, the United States District Court for the Eastern District of Washington agreed with SCB's interpretation of the Rule and found that "facts or data considered" by a testifying expert must be those facts or data that are "actually reviewed" by the expert, even if not relied upon by the expert. For more information about SCB's Litigation practice, please contact Leslie Clark (206.682.3333 or lclark@scblaw.com).

SCB's Estate Planning and Administration team routinely handles complex and sophisticated estate matters.  In the second half of 2011, we have prepared and filed estate tax returns for estates worth over $6 million and $11 million.  For more information about SCB's Estate Planning and Administration practice, please contact Rob Morrison (206.682.3333 or Rmorrison@scblaw.com).

In 2011, SCB aggressively defended a food services company in a breach of contract lawsuit arising from the acquisition of a competing company.  After defeating the opposing party's summary judgment motion for dismissal, SCB negotiated a favorable settlement for our client which resolved the lawsuit.  For more information on SCB's Commercial Litigation practice, please contact Russell King (206.682.3333 or rking@scblaw.com).

In October 2011, a federal court judge entered a Consent Decree resolving Clean Water Act issues involving SCB's client, a privately held industrial corporation, and a citizen group.  While aggressively defending the matter, SCB identified an opportunity for early settlement, ultimately resolving the matter for a nominal sum, without incurring significant attorneys' fees or disruption to our client's business.  To learn more about SCB's Environmental Litigation practice, please contact Greg Hixson (206.682.3333 or ghixson@scblaw.com) or the practice group's chair, Paul Dayton (206.682.3333 or pdayton@scblaw.com).

In October 2011, SCB negotiated a favorable settlement in probate litigation proceeding under the Washington Trust and Estate Dispute Resolution Act (TEDRA).  The litigation involved hotly contested claims of undue influence, fraud, and financial exploitation.  For more information about SCB's Commercial Litigation practice, please contact Leslie Clark (206.682.3333 or lclark@scblaw.com).

SCB's Environmental Litigation team has implemented and maintains secure, hosted websites for clients to rapidly share large working documents and serve as a repository for document collections.  The user-friendly websites include features such as document sharing and check-out, allowing us to work efficiently and collaboratively with clients and broader groups.  Using this technology, our Environmental Litigation team has facilitated cooperative work among members of a Natural Resource Trustee Council and among members of a group of Potentially Responsible Parties.  For more information about the document management capabilities of SCB's Environmental Litigation practice, please contact Stephanie Weir (206.682.3333 or sweir@scblaw.com) or the practice group's co-chairs, Richard Du Bey (206.682.3333 or rdubey@scblaw.com) and Tom Kilbane (206.682.3333 or tkilbane@scblaw.com).

In October 2011, SCB obtained a six-figure settlement of a personal injury matter arising from a vehicle motor accident.  The clients in this case were an elected official and spouse for one of the firm's municipal clients.  They called us when they were rear-ended and injured in a motor vehicle accident, and SCB handled the matter as a courtesy to them.  Insurance policy limitations prevented complete recovery from the responsible party, so SCB aggressively pursued both the driver's Under Insured Motorist (UIM) policy and the clients' UIM policy, more than doubling the clients' total recovery.  For more information about SCB's Litigation practice, please contact Greg Hixson (206.682.3333 or ghixson@scblaw.com) or the practice group's chair, Paul Dayton (206.682.3333 or pdayton@scblaw.com).

In fall 2011, SCB obtained a favorable ruling in a discovery dispute addressing the scope of Fifth Amendment and trade secret privileges.  Our team represents a national corporation litigating against a competitor regarding the application of the Sherman Antitrust Act and the Dormant Commerce Clause.  During discovery, the competitor refused to provide evidence in its possession, claiming the privilege against self-incrimination and the privilege protecting proprietary information or trade secrets.  SCB filed a motion to compel production of the evidence and won a complete victory for our client.  For more information about SCB's Commercial Litigation practice, please contact Bryan Doran (206.682.3333 or bdoran@scblaw.com) or the practice group's chair, Paul Dayton (206.682.3333 or pdayton@scblaw.com).

During 23 years serving as the City of Mill Creek's General Counsel, SCB helped Mill Creek grow from 3,500 residents to over 19,000 people; handled the legal infrastructure needed to develop a new 30-acre Town Center; and guided the permitting and buildout of dozens of subdivisions, numerous annexations; and prepared hundreds of ordinances, resolutions, and contracts.  Scott Missall served as City Attorney during that time, with primary assistance from Claudia Kilbreath (employment, personnel and labor relations), Chris Pothering (public works, contracts, and public records disclosure), and many others.   For more information on SCB's Municipal and Government Law practice, please contact Scott Missall (206.682.3333 or smissall@scblaw.com).

In October 2011, SCB obtained the complete dismissal of a frivolous lawsuit filed against our client, a national non-profit corporation. The suit alleged, among other things, unfair business practices by our client. SCB immediately moved to dismiss the matter, and the Court agreed that there was no legal basis for the plaintiff's claims. To learn more about SCB's Commercial Litigation practice, please contact Greg Hixson (206.682.3333 or ghixson@scblaw.com) or the practice group's chair, Paul Dayton (206.682.3333 or pdayton@scblaw.com).

Our Rising Stars for 2011 are Bryan Doran, Leslie Clark, Tatyana Gidirimski and Jennifer Sanscrainte.

Our Super Lawyers for 2011 are Paul Dayton, Richard Du Bey, Tom Kilbane, Andy Maron, and Lisa Wolfard.

In addition, Lisa Wolfard is one of the Washington Super Lawyers' Top 50 Women for 2011. Lisa is Chair of the Life & Estate Planning group and focuses her practice on family law. Click here to see an alphabetical listing of the Top 50 Women Washington Super Lawyers for 2011.

Our firm collects books and shoes year round to donate to Goodwill Industries.

Our firm was recognized for having 100% participation in Food Frenzy. This event raises money for hungry school children in Washington State.

Our firm encourages all employees to compost lunches, recycle batteries, pens, and paper.

CAN is a 501(c)(3) charity that is dedicated to making college admission possible for talented, motivated and economically disadvantaged students.

Click here to see what Danny Westneat reported about CAN in The Seattle Times.

Click here to see CAN'S annual report.

Click here to support CAN's mission.

Hart Crowser has designed environmental solutions customized to meet the social, environmental, and aesthetic concerns of clients as they respond to the many environmental regulations associated with property development, natural resources, mining, and waterfront projects.

Robert Klein is a Partner at Short Cressman & Burgess, and Co-Chair of its Business and Tax Group, and specializes in business, real estate, and intellectual property law. During his 36 years of private practice, Mr. Klein has advised and negotiated on behalf of a wide range of clients, including biotechnical, mining and exploration, and manufacturing companies. He has been president of the Municipal League Foundation of King County, as well as a Volunteer Advocate for the Northwest Justice Project. Mr. Klein received his law degree in 1974 from Georgetown University, Washington, D.C.

The litigation concerns clean up of many decades of pollution of the Upper Columbia River generated by a large lead/zinc smelter just north of the U.S. Canadian border. In litigation filed in the United States District for the Eastern District, the Colvilles have prevailed in establishing that United States law requires the Canadian smelter operator responsible for consequences of its discharges that flowed into United States waters. The litigation has generated a number of other significant rulings, including the first reported decision in the United States that CERCLA does not apply to Indian Tribes.

The clash over whether United States law applies has abated as the smelter operator has agreed with the Environmental Protection Agency to engage in a Remedial Investigation and Feasibility Study concerning the consequences of its pollution of the Upper Columbia River. But, litigation over liability under CERCLA for response costs and damages resulting from such contamination continues with trial on Phase I set for September, 2012.

For more information, contact Paul Dayton (206.682.3333 or pdayton@scblaw.com) or Richard Du Bey (206.682.3333 or rdubey@scblaw.com).