Freimund, Jackson & Tardif, LLP, focuses on the defense of lawsuits involving a wide variety of liability theories advanced against government and private defendants.

Transportation

  • Highway construction and design claims
  • Highway maintenance and signing claims
  • Claims for failure to improve highways or implement safety upgrades
  • Inverse condemnation claims
  • Discovery and records requests for privileged highway safety data (23 USC § 409)

All of the firm’s partners defend transportation claims. Mr. Tardif has served on committees of the Transportation Research Board (TRB) for almost 25 years. He is currently a member of the Tort and Risk Management Committee, a member of the Context Sensitive Design Task Force, and a consultant on liability issues to the Bicycle Committee. Mr. Tardif is a frequent speaker on transportation liability issues for the TRB and the Federal Highway Administration. He also serves on the 23 USC § 409 subcommittee, which focuses on the federal statute restricting the use of highway safety data in lawsuits against transportation authorities. Mr. Tardif was the author of the multi-state amicus brief supporting the constitutionality of section 409 in Pierce County v. Guillen, 537 U.S. 129 (2003).

Law Enforcement and Corrections

  • False arrest, false imprisonment, and excessive force claims
  • Claims for crimes caused by released offenders
  • Claims for failure to protect or prevent crimes
  • Claims for vehicle pursuits
  • Claims for physical and medical injuries to prisoners

Mr. Jackson’s long experience as a felony prosecutor provides him with an excellent background for defense of these claims. During his tenure with the Attorney General’s Office he handled large lawsuits for deaths and injuries caused by offenders released from state prisons and under post-release supervision. Mr. Tardif recently obtained reversals of two multi-million dollar verdicts against state government on claims that the state was responsible for deaths caused by the crimes of released offenders. Couch v. State, 113 Wn.App. 556 (2002) and Joyce v. DOC, 155 Wn.2d 306 (2004).

Social Welfare

  • Claims for failure to investigate or protect from child abuse
  • Claims for injuries to children arising from placement or custody
  • Wrongful adoption claims against government or adoption agencies
  • Claims for injuries caused by released mental patients and substance abuse patients
  • Claims for negligent licensing, investigation, and oversight of social service activities such as day care, chore services and elderly care
  • Claims for injuries to inmates, patients, and students
  • Claims for sexual and physical abuse and for improper sexual relationships

Mr. Freimund has been the lead lawyer defending social welfare claims against state agencies over the past fifteen years. He obtained a defense verdict in the State’s first wrongful adoption case (McKinney v. State, 134 Wn.2d 388 (1998)) and in the nationally known “Wenatchee sex ring” case against the Department of Social and Health Services. He recently obtained a reversal and dismissal of an $8.5 million verdict against the State for crimes committed by foster children (Aba-Sheikh v. Choe, 156 Wn.2d 441 (2006)). Mr. Freimund also defended a landmark class action lawsuit alleging numerous constitutional and statutory violations against the State’s foster care system through a two month jury trial and, ultimately, reversal of the trial court’s rulings on appeal (Braam v. State, 150 Wn.2d 689 (2003)). These cases and several others handled by Mr. Freimund are leading cases in this state on the social welfare liability of governement. See, e.g., M.W. v. DSHS, 149 Wn.2d 589 (2003); Devereaux v. Abbey, 263 F.3d 1070 (9th Cir. 2001).

Regulatory Liability

  • Negligent licensing claims
  • Negligent inspection and investigation claims
  • Claims for failure to enact and enforce laws
  • Claims that government environmental or land use regulation were wrongful or violated the Constitution
  • Business loss and interference with contract and employment claims

Mr. Tardif successfully defended the Governor and the State from claims that the State was liable for several dozen deaths resulting from an alleged conspiracy and the failure to enforce proper access restrictions around the Mount St. Helens volcano eruption in 1980. Karr v. State, 53 Wn.App. 1 (1988). Mr. Tardif and Mr. Freimund have also represented the State in many cases that have substantially narrowed the liability of government agencies for licensing, inspection, and investigation. Hartley v. State, 103 Wn.2d 768 (1985); M.W. v. DSHS, 149 Wn.2d 589 (2003); Murphy v. State, 115 Wn.App. 297 (2003); Halleran v. NuWest, 123 Wn.App. 701 (2004).

Civil Rights

  • Claims by patients and inmates for deliberate indifference in their care or treatment
  • Claims by public employees for violation of due process and speech rights
  • Claims by beneficiaries of public programs
  • False arrest, pursuit, excessive force and other law enforcement claims

All of the partners have substantial experience defending civil rights claims in state and federal court. A focus of our practice has been raising qualified immunity and legal defenses in support of dismissal of civil rights cases on motion or appeal. Mr. Tardif represented the State in the leading state case holding that public employee speech on matters of public interest is not protected by the Constitution if the speech is primarily related to the employee’s personal job issues. Wilson v. State, 84 Wn.app. 332 (1996).

Employment

  • Wrongful termination claims
  • Claims for race, sex, age, and disability discrimination and harassment
  • Failure to accommodate claims
  • Whistleblower claims
  • Claims for violation of speech rights
  • Retaliation claims
  • Claims for intentional injury by the employer or fellow employees

Over one-third of tort lawsuits against state government are filed by employees. The partners have represented employers in every kind of employment lawsuit, through summary judgment motions, jury trials and appeals. Mr. Freimund represented the State in a leading case holding that there is no liability for transferring a public employee in alleged retaliation for exercising free speech rights. White v. State, 131 Wn.2d 1 (1997).

Operational Activities

  • Vehicles claims
  • Premises claims
  • Recreational liability claims

The partners have defended major vehicle, premises, and recreational claims again state agency and private defendants. These claims have included those made against the Department of Transportation for its extensive vehicle operations and claims against state parks and natural resource agencies for injuries on public lands.