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Contact Frank

2801 Alaskan Way, Suite 300
Seattle, WA 98121
T: 206.624.8300

Frank Van Dusen

Partner
After we won summary judgment at the trial court dismissing all of the plaintiff janitors’ wage-and-hour claims alleging that the janitorial employees of Expert Janitorial’s subcontractors were jointly employed by our client Fred Meyer, the court of appeals reversed. Washington Supreme Court established new state test for joint employment. Case settled after remand.
The Honorable Helen Halpert dismissed plaintiff's age and disability discrimination and accommodation claims on summary judgment (2014).
U.S. District Court, Eastern District of Washington (CV 07-5064 FVS). The Honorable Fred Van Sickle dismissed state tort claims and hybrid DFR/Section 301 claim under the National Labor Relations Act on summary judgment (2010).
U.S. District Court, Western District of Washington (07-1757) (Hon. Marsha J. Pechman). Demoted store manager brought Section 1981, Title VII, and RCW 49.60 race discrimination claims; Judge Pechman granted defendant’s summary judgment motion and dismissed all of plaintiff’s claims (2009); aff’d, 368 F. App'x 817 (9th Cir. 2010).
U.S. District Court, Western District of Washington (Hon. Robert S. Lasnik). Plaintiff’s motion for temporary restraining order to enforce covenant not to compete in trade-secret case against our client denied—case dismissed 60 days later (2008).
U.S. District Court, District of Oregon (CV 09 1185 MM). The Honorable Michael Mosman granted our client temporary restraining orders in Oregon and federal courts, and preliminary injunction enforcing covenant not to compete and covenant not to use or disclose trade secrets (2009), directed defense of defendant's claim for declaratory relief filed in California.
Pierce County Superior Court (Hon. Bryan Chushcoff); defense verdict following one week trial on disability discrimination claim; aff’d, 133 Wn. App. 1048 (2006).
U.S. District Court, Western District of Washington (Hon. John C. Coughenour). Breach-of-contract claim and Section 1983 civil-rights lawsuit against Western Washington University (“WWU”) by a tenured professor who alleged that his suspension violated his contractual tenure rights, his First Amendment rights, and his procedural due process rights. Judge Coughenour denied plaintiff’s motion for a preliminary injunction and then dismissed all remaining state contract claims and federal civil-rights claims, granting WWU’s summary judgment motion (2005).
In 2009, 2010, 2014, and 2015, Frank represented employers at shipyards in the Puget Sound area, construction testing facilities in Seattle and Tacoma, a manufacturing facility in Kent, and companies in eastern Washington and northern Idaho. The employers successfully defeated National Labor Relations Board election petitions filed by union locals for the Laborers, Teamsters, and United Food & Commercial Workers. Frank also led management collective bargaining teams in 2006-2007 and 2009-2010 negotiations to remove unproductive work rules from a client’s grain elevator collective bargaining agreement with the Longshoremen’s Local. As a result of the productivity improvements, the grain elevator has increased shipments, lowering unit labor costs, while increasing employee earnings and employer profits.
Represented grocery store chain in age-based, wrongful discharge claim filed by terminated store manager who had worked for company for more than 25 years. Case settled in 2016, shortly before scheduled trial.
Represented retailer in EEOC race discrimination litigation alleging assistant manager had a hostile work environment. EEOC sought to impose seven year, company-wide consent decree. We negotiated separate settlement with Plaintiff, and EOOC agreed to limit 2018 consent decree to three years and nine stores in one state, instead of consent decree applying to client’s 435 stores in 11 states.