Attorney Eric Daniel Gilman's Legal Cases

Class action

Class Action Settlement for Truck Drivers Wrongfully Deprived of Wages

Mar 13, 2018

OUTCOME: Court-approved settlement

The defendant, a short haul trucking company, unlawfully deducted wages from drivers’ paychecks to pay for incidental damage to company equipment. The defendant agreed to repay each driver double the a ... mount wrongfully withheld and more than half of the individual class members collected over one thousand dollars, with the largest single recovery exceeding $13,000. As part of the settlement, the defendant was also required discontinue the illegal wage rebating scheme.

Appeals

Court of Appeals Holds that Broadcasting Companies' Contracts are Subject to Public Disclosure

Nov 25, 2014

OUTCOME: Unanimous Court of Appeals reversed trial court and ordered public release of records

Following a blackout of television stations carried by Click!, a municipal cable company, the Tacoma News Tribune requested copies of retransmission agreements under Washington's Public Records Act. Se ... veral major broadcasters, including CBS, Fisher Communications, and Belo, sued to prevent the release of these records, arguing that they contained trade secrets. The Washington Court of Appeals unanimously rejected the broadcasters' position, noting, "Tacoma News persuasively argues that the public has a right to know how Click!, a city-owned enterprise, is spending public funds." The requested documents were ordered to be disclosed.

Litigation

Court Dismisses Improper HOA Lawsuit and Awards Defense Costs to Lot Owner

Sep 16, 2014

OUTCOME: Complete dismissal after plaintiff rested at trial; Client awarded $90k in defense costs

My client was sued by his homeowner's association for removing dead, dying, and otherwise hazardous trees from areas along a roadway easement over his lots. The HOA sought six-figure damages, asserting ... breach of neighborhood covenants, waste, and timber trespass. My client moved to dismiss the HOA's remaining claims after the HOA rested at trial. The court granted the motion, finding that the HOA had not complied with its own rules in bringing the lawsuit. The Court subsequently awarded my client over $90,000 in attorney fees and costs for having successfully defended the action.

Employment and labor

Appellate Court Finds Casino Owner Personally Liable for Casino's Policy Requiring Dealers to Gamble

Mar 04, 2014

OUTCOME: Unanimous decision reversing lower court order and finding casino owner liable for unpaid wages

An owner of a casino that required dealers to gamble as a condition of employment claimed that he could not be personally liable for withholding wages because he was an "absentee" owner. The Washington ... Court of Appeals held that the owner had control over the payment of wages, was on notice of gambling policy, and was thus liable for unpaid wages and other amounts. Jumamil v. Lakeside Casino, LLC, 179 Wn. App. 665, 319 P.3d 868 (2014).

Appeals

Washington Court of Appeals Reverses Dismissal of Discrimination Lawsuit Against Qwest

Dec 31, 2013

OUTCOME: Unanimous decision reinstating client's discrimination lawsuit

As appellate co-counsel, obtained a reversal from the Washington Court of Appeals of an incorrectly decided workplace discrimination lawsuit. In a 3-0 decision, the appellate court held that the lower ... court erred in dismissing disparate treatment and harassment claims brought by a disabled combat veteran of Mexican-American heritage. Supervisors and co-workers, who were themselves of Hispanic heritage, referred to the plaintiff using derogatory terms and otherwise harassed him at work. Alonso v. Qwest Commcn's Co., LLC, 178 Wn. App. 734, 315 P.3d 610 (2013).

Employment and labor

Jury Verdict for Disabled Veteran Who was Terminated for Requesting Leave After Workplace Injury

Nov 26, 2013

OUTCOME: Client prevailed in jury trial

Prevailed in a jury trial on behalf of a disabled veteran who was fired after requesting medical leave. With co-counsel, presented computer forensic evidence proving that the employer had backdated a d ... ocument in the employee's personnel file in an effort to legitimize the termination. Also demonstrated that the employer had excluded unfavorable evidence from the employee's file. The jury awarded all requested economic damages plus non-economic damages.

Appeals

Washington Supreme Court Holds Employer Cannot Force Underpaid Workers into Private Arbitration

Aug 15, 2013

OUTCOME: 9-0 ruling in clients' favor

Secured a ruling from the Washington Supreme Court, as co-counsel, rejecting an employer's effort to force wage violation claims into private arbitration. A unaminous Court held that the arbitration cl ... ause in the employer's form contract was unconscionable and unenforceable in its entirety, clearing the way for a class action by over 300 Washington workers. Brown v. MHN Gov't Servs., Inc., 178 Wn.2d 258, 306 P.3d 948 (2013).

Appeals

Ninth Circuit Victory for Military Service Member Who Was Fraudulently Re-Enlisted

Jun 02, 2011

OUTCOME: Client prevailed in unanimous decision reversing lower court

Represented a discharged military serviceman, as co-counsel, in a case before the U.S. Court of Appeals for the Ninth Circuit. In a published opinion, the Ninth Circuit reversed the lower court's dismi ... ssal of the lawsuit against two military recruiters who had allegedly forged reenlistment documents, obliging the client to additional military service. Jackson v. Tate, 648 F.3d 729 (9th Cir. 2011).

Employment and labor

Jury Finds for Poker Dealer Forced to Gamble as a Condition of Employment

May 04, 2011

OUTCOME: Jury awarded unpaid wages, gambling losses, and economic losses stemming from wrongful termination.

Prevailed in a jury trial on behalf of a poker dealer who was wrongfully discharged after refusing to gamble under her employer's "dealer support" policy. "Dealer Support"--an industry practice of requ ... iring casino employees to gamble on their own time, with their own money--violates wage and hour laws.

Litigation

Technology Company Prevents Competitor from Acquiring Trade Secrets Via Public Records Act

Apr 01, 2011

OUTCOME: Client prevailed in protecting trade secrets by obtaining preliminary injunction

Represented information technology services company whose competitor had sought advantageous information via Washington's Public Records Act, 42.56 RCW. Obtained a court order permanently enjoining the ... Department of Social and Health Services from releasing any of the client's confidential and proprietary information to the requesting party.

Eric Daniel Gilman's Legal Cases (11)

Class Action Settlement for Truck Drivers Wrongfully Deprived of Wages

Court of Appeals Holds that Broadcasting Companies' Contracts are Subject to Public Disclosure

Court Dismisses Improper HOA Lawsuit and Awards Defense Costs to Lot Owner

Appellate Court Finds Casino Owner Personally Liable for Casino's Policy Requiring Dealers to Gamble

Washington Court of Appeals Reverses Dismissal of Discrimination Lawsuit Against Qwest

Jury Verdict for Disabled Veteran Who was Terminated for Requesting Leave After Workplace Injury

Washington Supreme Court Holds Employer Cannot Force Underpaid Workers into Private Arbitration

Ninth Circuit Victory for Military Service Member Who Was Fraudulently Re-Enlisted

Jury Finds for Poker Dealer Forced to Gamble as a Condition of Employment

Technology Company Prevents Competitor from Acquiring Trade Secrets Via Public Records Act