RNWLG Wins Appeal Underscoring Plaintiffs’ Rights to Their Day in Court
Matthew Z. Crotty and Asti M. Gallina recently achieved a substantial victory in a complex case involving the Washington Law Against Discrimination (WLAD). The case centered around a father who had filed a lawsuit against a private school for retaliation. The father alleged that the children’s school had retaliated against him due to his advocacy efforts on behalf of his special-needs children.
We are happy to share a significant legal triumph for our client at the Court of Appeals, which highlights not only the importance of protecting individuals who stand up for their rights but also the crucial role of ensuring fair judicial processes.
Case Overview
Matthew Z. Crotty and Asti M. Gallina recently achieved a substantial victory in a complex case involving the Washington Law Against Discrimination (WLAD). The case centered around a father who had filed a lawsuit against a private school for retaliation. The father alleged that the children’s school had retaliated against him due to his advocacy efforts on behalf of his special-needs children.
The Legal Battle
The school moved to dismiss the father’s lawsuit, arguing that the claims were barred by issue preclusion, which bars re-litigation of issues already determined in a prior proceeding. The school contended that the father had previously raised similar retaliation arguments in a family law modification proceeding concerning his parenting plan. Although the family law court did not explicitly rule on the retaliation claims, it had awarded educational and medical decision-making authority to the mother and, indirectly, criticized the father’s advocacy efforts.
The trial court agreed with the school’s argument, leading to a dismissal of the father’s WLAD claims and, astonishingly, imposing sanctions exceeding $145,000 against the father and labeling his lawsuit as frivolous.
The Court of Appeals Ruling
Our firm took the case to the Court of Appeals, where we challenged both the dismissal of the lawsuit and the imposition of sanctions. We argued that the trial court’s application of issue preclusion was incorrect and that the sanctions were unwarranted.
The Court of Appeals agreed with our position, delivering an important clarification on the reach of issue preclusion to civil rights cases:
Issue Preclusion Rejected: The appellate court clarified that issue preclusion did not apply in this case. It noted that, while the father had raised similar issues in both proceedings, the contexts were fundamentally different. The family law court’s decision focused on the father’s communication style rather than the content of his protected advocacy. Therefore, the WLAD lawsuit, which addressed whether his communications were indeed protected, was not precluded.
Sanctions Reversed: The Court of Appeals also reversed the trial court’s decision to award over $145,000 in sanctions. It found that the trial court had abused its discretion by deeming the father’s lawsuit frivolous. This reversal underscores the importance of allowing legitimate claims to be heard and adjudicated fairly without undue penalization.
What This Means
For the father, his case is not over. But this victory means he will get the opportunity to have his day in court.
This appellate victory is also a significant step forward for individuals advocating for special-needs children and others standing up for their rights under WLAD. It affirms that legal protections for advocacy are robust and that procedural fairness must be upheld, even in complex legal battles.
Our firm is proud to represent our client in this crucial matter, and we are committed to continuing our work in defending the rights of those who face retaliation for their advocacy. For more information on RNWLG’s appellate practice group, please contact Asti Gallina at amg@rnwlg.com.
Manina et. al. v. Manina, et. al.
Attorneys Matt Crotty and Kacy Tellessen obtained a $4.5 million jury verdict in a multi-defendant sexual abuse and negligence case.
Attorneys Matt Crotty and Kacy Tellessen obtained a $4.5 million jury verdict in a multi-defendant sexual abuse and negligence case against involving sexual abuse of a minor child and the alleged failures of that minor child’s counselor and Guardian ad Litem’s (GAL) failure to properly and timely report the abuse to law enforcement. The Manina v. Manina Complaint includes assault and battery claims against Scott Manina and negligence claims against Jane Doe’s former counselor and GAL. On July 10, 2024, a jury awarded Jane Doe $4.5 million in damages against Scott Manina. The claim against the counselor was resolved. The claim against the GAL was dismissed by the trial court but will be subject to an appeal.
Hamilton v. Newport Hospital & Health Services
Obtained finding that current and former CEO of hospital retaliated against whistleblower and full back pay following one week trial.
01-2023-GOV-00038 (OAH 2023)
Obtained finding that current and former CEO of hospital retaliated against whistleblower and full back pay following one week trial.
Boyd v. Acro, Inc. et. al.
Obtained $530,750.00 jury verdict in sexual harassment, hostile work environment, retaliation, and constructive discharge case.
2-21-00201-13 (Grant Co. Sup. Ct. 2023)
Obtained $530,750.00 jury verdict in sexual harassment, hostile work environment, retaliation, and constructive discharge case.
O’Kell v. U.S. Department of Interior
Obtained $1,683,351 verdict following two-week ADEA age discrimination and retaliation trial.
598 F.Supp.3d 1032 (E.D. Wn. 2022)
Obtained $1,683,351 verdict following two-week ADEA age discrimination and retaliation trial.
Kristi Horn v. U.S. Department of Agriculture
Obtained finding that government wrongfully terminated employee in violation of due process and recovered full backpay for employee.
SF-0752-21-0310-I-3 (MSPB 2022)
Obtained finding that government wrongfully terminated employee in violation of due process and recovered full backpay for employee.
Shepler v. Terry’s Truck Center, et. al.
Obtained appellate court affirmation of arbitration win in failure to accommodate, disability discrimination, and workers compensation retaliation case resulting in full recovery of back pay.
25 Wn.App.2d 67 (2022)
Obtained appellate court affirmation of arbitration win in failure to accommodate, disability discrimination, and workers compensation retaliation case resulting in full recovery of back pay.
Tsui v. Walmart, Inc.
Obtained $10,000,000 USERRA class action settlement and agreement from Walmart to pay up to 30 days of military leave annually.
20-cv-12309-MPK (D. Mass. 2021)
Obtained $10,000,000 USERRA class action settlement and agreement from Walmart to pay up to 30 days of military leave annually.
Hall v. L-3 Technologies, Inc., et. al.
Obtained settlement valued at $2,000,000 in first known USERRA failure to hire discrimination class action lawsuit.
2019 WL 3845460 (E.D. Wn. 2019)
Obtained settlement valued at $2,000,000 in first known USERRA failure to hire discrimination class action lawsuit.
Huntsman v. Southwest Airlines
Obtained USERRA class action settlement valued at $5,800,000 in missed 401(k) contributions, $13,000,000 in unpaid sick leave, and finding from court that “Class Counsel has capably and effectively represented the Class Members’ interests.”
3:17-cv-03972-JD (N.D. Cal. 2019)
Obtained USERRA class action settlement valued at $5,800,000 in missed 401(k) contributions, $13,000,000 in unpaid sick leave, and finding from court that “Class Counsel has capably and effectively represented the Class Members’ interests."
Waite v. Gonzaga University
Represented Gonzaga University in federal and state law discrimination, hostile work environment, and retaliation lawsuit that sought $5,000,000 in damages. Obtained complete defense verdict following week long jury trial.
2:17-cv-00416-SAB (E.D. Wash. 2019)
Represented Gonzaga University in federal and state law discrimination, hostile work environment, and retaliation lawsuit that sought $5,000,000 in damages. Obtained complete defense verdict following week long jury trial.
Allman v. American Airlines, Inc. Pilot Ret. Ben. Plan, et. al.
Obtained $6,000,000 (+) settlement in USERRA pension benefit class action.
1:14-cv-10138-IT (D. Mass. 2017)
Obtained $6,000,000 (+) settlement in USERRA pension benefit class action.
Zhu v. North Central ESD
Obtained $450,000 jury verdict in retaliatory failure to hire lawsuit and obtained summary judgment adjudication that the defendant violated Washington’s Public Record Act by wrongfully withholding documents.
171, 2:15-cv-183-JLQ (E.D. Wash. 2016)
Obtained $450,000 jury verdict in retaliatory failure to hire lawsuit and obtained summary judgment adjudication that the defendant violated Washington’s Public Record Act by wrongfully withholding documents.
Tuten v. United Airlines, Inc.
Co-lead counsel for plaintiff in federal USERRA class action resulting in $6.15 million settlement and with the Court stating in written opinion that “the Court is of the view that the results achieved for the Plaintiff class in this case were outstanding, worthy of being emulated by class representatives and counsel in other comparable litigation."
41 F.Supp.3d 1003 (D. Colo. 2014)
Co-lead counsel for plaintiff in federal USERRA class action resulting in $6.15 million settlement and with the Court stating in written opinion that “the Court is of the view that the results achieved for the Plaintiff class in this case were outstanding, worthy of being emulated by class representatives and counsel in other comparable litigation."
Hanson v. Kitsap County
Obtained jury verdict and $583,853 judgment which found that Kitsap County willfully violated the client’s rights under USERRA and obtained summary judgment adjudication, in favor of plaintiff, on a USERRA, 38 U.S.C. § 4318, pension claim – the first known result regarding such a claim in the USERRA’s history.
21 F.Supp.3d 1124 (W.D. Wn. 2014)
Obtained jury verdict and $583,853 judgment which found that Kitsap County willfully violated the client’s rights under USERRA and obtained summary judgment adjudication, in favor of plaintiff, on a USERRA, 38 U.S.C. § 4318, pension claim – the first known result regarding such a claim in the USERRA’s history.
Anderson v. U.S. Air Force
Represented parents of deceased U.S. Air Force enlisted person in Freedom of Information Act (FOIA) case. Obtained complete relief on client’s behalf.
3:13-cv-00265-BLW (D. Idaho 2013)
Represented parents of deceased U.S. Air Force enlisted person in Freedom of Information Act (FOIA) case. Obtained complete relief on client’s behalf. Information regarding the case is available here.
Koch v. CHS, Inc.
Represented putative class in Fair Labor Standards Act (FLSA) collective action wage and hour case against national corporation.
2:12-cv-00463-CWD (D. Idaho 2013)
Represented putative class in Fair Labor Standards Act (FLSA) collective action wage and hour case against national corporation.
Jones v. Marriott Hotel Servs., Inc.
Represented U.S. Marine Corps reserve officer that Marriott failed to reemploy following employee’s return from military duty.
2013 WL 415605 (N.D. Cal Jan. 31, 2013)
Represented U.S. Marine Corps reserve officer that Marriott failed to reemploy following employee’s return from military duty.