Aviation Law
Alaska Airlines vs. Brad Carey – Alaska Airlines retained Mr. Fogg to file suit against an alleged frequent flyer mileage broker. The defendant responded with a counterclaim alleging antitrust and state law violations. After nearly two years of active litigation, a federal judge granted Alaska Airlines summary judgment, dismissed the defendant’s counterclaims and granted a permanent injunction in favor of Alaska Airlines. The judge also awarded Mr. Fogg’s client $125,000 in attorney’s fees.
Southern Air vs. Zurcher – Mr. Fogg represented Southern Air, Inc. in a five-day trial in federal court. The company was accused of firing an employee who had expressed safety concerns.
Gunderson v. Alaska Airlines – Mr. Fogg was trial counsel for Alaska Airlines in a lawsuit brought by a former flight attendant aggrieved by an airport policy that requires mandatory security screening for all flight attendants flying through Seattle-Tacoma International Airport.
Business Litigation
Alaska Airlines vs. Brad Carey – Alaska Airlines retained Mr. Fogg to file suit against an alleged frequent flyer mileage broker. The defendant responded with a counterclaim alleging antitrust and state law violations. After nearly two years of active litigation, a federal judge granted Alaska Airlines summary judgment, dismissed the defendant’s counterclaims and granted a permanent injunction in favor of Alaska Airlines. The judge also awarded Mr. Fogg’s client $125,000 in attorney’s fees.
Project Thunder vs. TNS – Member of trial team defending large public company in earn-out dispute stemming from defendant’s acquisition of a telecommunications software company. Case settled on favorable terms in November 2015 after two days of trial.
LLC Everett I/McKibben vs. Christiansen et al. – In April 2014, Mr. Fogg defended the owner of a close corporation in a two week jury trial. Plaintiff was a minority shareholder alleging breach of fiduciary duty and minority shareholder oppression claims. The jury returned a defense verdict in favor of Mr. Fogg’s client.
Seattle Times: Jury denies damages for retired strip-club owner
Kim vs. Delta Inn et al. – Mr. Fogg led a team that defended Delta Inn Incorporated in a four week trial that took place in November and December 2012 in King County Superior Court. The plaintiff sought an eight figure award in this lawsuit, which revolved around the disputed ownership of a hotel company. Mr. Fogg and his team obtained a defense verdict for their client.
Simar vs. Global Fishing et al. – Mr. Fogg defended a corporation that was accused of engaging in a series of multi-million dollar fraudulent transfers. After a week of trial in federal court in February 2012, Mr. Fogg obtained a defense verdict for his client.
In Re Chrysler Dealership Terminations – In 2010, Chrysler Group LLC (“New Chrysler”) retained Mr. Fogg to lead a team of Corr Cronin attorneys trying arbitrations brought by eight dealers in the state of Washington whose dealerships were rejected by Chrysler LLC (“Old Chrysler”) during its bankruptcy. Old Chrysler dealers who were rejected in the bankruptcy of Old Chrysler were provided the right, under a law passed by Congress in mid-December 2009, to demand arbitration from New Chrysler to rejoin the dealer network. Mr. Fogg and his team tried these arbitrations and prevailed in all three cases.
Class Action/Mass Tort
Metropolitan Mortgage Securities Litigation (E.D. Wa., D. Ore, Wa. And Ore. State courts) – Mr. Fogg represented the former CEO and Chairman of the company in putative class actions asserting fraud claims, as well as defended the client in parallel investigations conducted by a number of state and federal authorities, including the SEC.
Seattle Times: “6 charged in collapse of Met Mortgage”
In re Public Company – Mr. Fogg represented a public company in parallel criminal and civil investigations, as well as serving as trial counsel for the company in a related securities class action.
Employment Law
Southern Air vs. Zurcher – Mr. Fogg represented Southern Air, Inc. in a five-day trial in federal court. The company was accused of firing an employee who had expressed safety concerns.
Fluke vs. Milwaukee Tool – Mr. Fogg defended Milwaukee Tool in a lawsuit alleging trade secret misappropriation and breach of an alleged non-competition agreement. After a one-week evidentiary hearing and a successful interlocutory appeal, the entire case was dismissed on summary judgment with an award of attorney’s fees to Mr. Fogg’s client.
Insurance Coverage Litigation
Bloxom vs. Fireman’s Fund – In 2012, Mr. Fogg tried to verdict IFCA and bad faith claims against the defendant. The jury awarded full recovery and punitive damages for Mr. Fogg’s client.
Intellectual Property
Fluke vs. Milwaukee Tool – Mr. Fogg defended Milwaukee Tool in a lawsuit alleging trade secret misappropriation and breach of an alleged non-competition agreement. After a one-week evidentiary hearing and a successful interlocutory appeal, the entire case was dismissed on summary judgment with an award of attorney’s fees to Mr. Fogg’s client.
Personal Injury
In Re Singh – Mr. Fogg was trial counsel for a medical device company facing allegations that its product catastrophically injured a patient who underwent surgery in Everett, Washington. Mr. Fogg delivered the opening and closing statements in the eight-week jury trial.
Well vs. Sierra Engineering – Mr. Fogg is trial counsel for an oilfield engineering firm sued in connection with a natural gas rig explosion that injured four rig hands. Trial is set for 2011. The plaintiffs are represented by the Spence law firm in Wyoming.
Johnson, et. al. vs. Bulls Eye et. al. – Mr. Fogg was part of a Corr Cronin team that represented Bushmaster Firearms in a civil lawsuit sponsored by the Brady Center in connection with the “D.C. Sniper” shootings. The case received national attention before being settled on terms favorable to the client.
A.L. vs. Idland and Washington State Patrol – In a case that that received extensive public attention, Mr. Fogg obtained an extremely favorable financial settlement for a young woman who was sexually assaulted by a Washington State patrol trooper.
Seattle PI: 9 women groped by state trooper share nearly $2 million settlement
Seattle Times: Judge gets tough on ex-trooper
Estate of Tustin vs. Chevron Phillips Chemical Company LP et al. – Mr. Fogg successfully represented Chevron Phillips in a wrongful death action seeking millions of dollars in damages due to the rollover of a pipe-laden flatbed truck that killed two people and injured three others. An aggressive defense led to settlement for less than the costs of defense.
Estate of Hernandez vs. Centex Homes et al. – Mr. Fogg was trial counsel for Centex Homes in a wrongful death lawsuit filed in Oregon state court seeking significant damages for the estate of a laborer killed in an on-the-job accident.
Products Liability
In Re Singh – Mr. Fogg was trial counsel for a medical device company facing allegations that its product catastrophically injured a patient who underwent surgery in Everett, Washington. Mr. Fogg delivered the opening and closing statements in the eight-week jury trial.
Well vs. Sierra Engineering – Mr. Fogg is trial counsel for an oilfield engineering firm sued in connection with a natural gas rig explosion that injured four rig hands. Trial is set for 2011. The plaintiffs are represented by the Spence law firm in Wyoming.
Johnson, et. al. vs. Bulls Eye et. al. – Mr. Fogg was part of a Corr Cronin team that represented Bushmaster Firearms in a civil lawsuit sponsored by the Brady Center in connection with the “D.C. Sniper” shootings. The case received national attention before being settled on terms favorable to the client.
S.D. vs. Overlake Hospital – In 2014, Mr. Fogg represented the plaintiff in a two week trial against local hospital. Plaintiff brought negligence claims against hospital based upon her rape by another patient in mental health ward. The jury returned a verdict of $950,000 for Mr. Fogg’s client.
Seattle Times: Jury finds Overlake negligent after patient sexually assaulted
Williams vs. Swedish et al. – Mr. Fogg represented a Fortune 10 Company as trial counsel in 2015 defending claims made against an infant health care product.
Professional Liability
LLC Everett I/McKibben vs. Christiansen et al. – In April 2014, Mr. Fogg defended the owner of a close corporation in a two week jury trial. Plaintiff was a minority shareholder alleging breach of fiduciary duty and minority shareholder oppression claims. The jury returned a defense verdict in favor of Mr. Fogg’s client.
Seattle Times: Jury denies damages for retired strip-club owner
Confidential Arbitration – In 2011, Mr. Fogg defended a local professional accused of threatening an attorney. The representation included the successful negotiation of a “no charge” outcome from the prosecutor and a two day arbitration regarding the attorney’s damages claims.
Calvert vs. Berg et al. – Mr. Fogg is trial counsel for a respected accounting firm accused of negligently conducting an audit of a company that went bankrupt due to a Ponzi scheme. The lawsuit features more than six hundred plaintiffs and alleges in excess of $150 million dollars in damages.
Real Estate & Environmental Litigation
Putz vs. Golden – In a dispute regarding compensation for property in Tahiti, Mr. Fogg represented the plaintiff in a trial in federal court in February 2012. The court ruled in favor of Mr. Fogg’s client.
Lakewest Condominium Owners Association vs. Safeco Insurance Company of America et al. – Plaintiffs brought a condominium defect claim against several insurers. A $7.5 million dollar default judgment was entered against an insurer. The insurer retained Corr Cronin after Plaintiffs sought to enforce judgment. Corr Cronin quickly filed a motion to vacate the default judgment. The trial court granted the motion and vacated the $7.5 million dollar default judgment. Corr Cronin is now defending on appeal the trial court’s order vacating the default judgment.
Securities Litigation
Metropolitan Mortgage Securities Litigation (E.D. Wa., D. Ore, Wa. And Ore. State courts) – Mr. Fogg represented the former CEO and Chairman of the company in putative class actions asserting fraud claims, as well as defended the client in parallel investigations conducted by a number of state and federal authorities, including the SEC.
Seattle Times: “6 charged in collapse of Met Mortgage”
In re Public Company – Mr. Fogg represented a public company in parallel criminal and civil investigations, as well as serving as trial counsel for the company in a related securities class action.
Project Thunder vs. TNS – Member of trial team defending large public company in earn-out dispute stemming from defendant’s acquisition of a telecommunications software company. Case settled on favorable terms in November 2015 after two days of trial.
Somerset Communications Group LLC vs. Wall To Wall Advertising et al. – Mr. Fogg was trial counsel for defendants in a securities fraud case tried in federal court in Seattle in January 2016. After a four day trial, the case settled during jury deliberations for a small fraction of the demand made immediately prior to trial.
In re Public Company – Mr. Fogg is currently representing senior executives of a large Seattle public company in a SEC investigation.
SEC vs. Dargey et al. – Mr. Fogg represented a large number of Chinese investors in real estate projects that are the subject of a SEC fraud case. In October 2014, Mr. Fogg won an order from federal judge releasing $5.5 million of his clients’ funds prior to the appointment of a receiver.
Seattle Times: Potala Tower trouble jeopardizes Chinese man’s hopes and home
In re Attorney – Mr. Fogg is trial counsel for an attorney whom the SEC has sued in the Western District of Washington.
In re Senior Executives – Representation of several senior executives of a multi-billion dollar public company in OTS and SEC investigations. Mr. Fogg also accompanied one executive to Washington, D.C. and represented the executive before the United States Senate Permanent Subcommittee on Investigations.
SEC v. Ortwin Heider et al. – As SEC staff attorney, obtained temporary restraining order in connection with a European insider-trading ring. Required court appearances and depositions in several European countries, as well as appearances in federal district court in New York City.
White Collar/Investigations
In re Public Company – Mr. Fogg is currently representing senior executives of a large Seattle public company in a SEC investigation.
United States vs. Frank Colacurccio, Jr. – Mr. Fogg is trial counsel for Mr. Colacurccio in a criminal RICO case brought by the United States Attorney for the Western District of Washington. The trial is scheduled to begin in January 2011.
In re Public Company – Mr. Fogg represented a public company in parallel criminal and civil investigations, as well as serving as trial counsel for the company in a related securities class action.
Other
Constitutional/Statutory
NRA / Second Amendment Foundation vs. City of Seattle – The NRA and SAF retained Mr. Fogg to file a lawsuit challenging a city ban on handguns in public parks. Shortly after filing the lawsuit, Mr. Fogg sought and obtained a summary judgment ruling that overturned the city ban. The lawsuit received extensive publicity.
Criminal
State v. Jesus Mezquia – Prosecution of a man who murdered local singer Mia Zapata in 1993. Case charged and successfully prosecuted ten years after the murder solely on the basis of DNA evidence. Three-week trial was the subject of significant media coverage, including one-hour segments on Court TV, City Confidential and CBS News 48 Hours.
Seattle PI: “Jury to begin deliverations in shipyard murder case
State v. Kevin Cruz – Mr. Fogg successfully prosecuted a disgruntled former shipyard employee for the November 1999 “Seattle Shipyard Shooting” that left two men dead and two men injured. Five month, two-phase aggravated murder trial required presentation of complex scientific and psychological expert testimony.
State v. John Athan – Mr. Fogg convicted Athan for the murder of a thirteen-year-old girl. Case charged and prosecuted some twenty years after the murder based on DNA evidence. Two-month trial included successful defense of interlocutory appeal to the Washington State Supreme Court.
CBS News: “Cold Case Solved?”
Gun Rights
Johnson, et. al. vs. Bulls Eye et. al. Mr. Fogg was part of a Corr Cronin team that represented Bushmaster Firearms in a civil lawsuit sponsored by the Brady Center in connection with the “D.C. Sniper” shootings. The case received national attention before being settled on terms favorable to the client.
Seattle Times: Judge’s ruling ends Seattle parks gun ban
