Areas of Practice

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

Administrative Law
Civil Rights & Employment
Employment
Health Care
Law Enforcement & Corrections
School Liability
Transportation

Administrative Law

  • 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 discrimination, retaliation, or violations of constitutional rights
  • Due process and other constitutional claims by beneficiaries of public programs
  • False arrest, pursuit, excessive force and other claims against 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 a leading 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). Mr. Tardif successfully defended a county sheriff’s office against claims that arrests of labor protesters for train blocking violated speech rights. International Longshore and Warehouse Union v. Nelson, et al., No. 13-35364 (9th Cir. 2015).

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

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).

Health Care

Freimund Jackson & Tardif, PLLC represents health care agencies and professionals in various administrative and judicial proceedings regarding Certificates of Need, licensure and credentialing, and government bid protests. Mr. Freimund has handled several Certificate of Need cases from the application stage through discovery, administrative hearings, judicial review, and appeals involving hospitals, hospice agencies, home health agencies, kidney dialysis centers, and ambulatory surgery centers.

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 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).

School Liability Claims

  • Certificated Teacher and Administrator discharge and non-renewal claims pursuant to RCW 28A.405
  • Unlawful Employment Practices claims pursuant to RCW 41.59 and RCW 41.56
  • Grievance Arbitration claims pursuant to Collective Bargaining Agreements
  • Employment Discrimination claims pursuant to RCW 49.60 and Federal Statutes, including ADA, Title VII, and Section 1983

Mr. Jackson, as a former certificated public school teacher, brings professional insight and perspective to the defense of these claims.

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 more than 30 years. He has been 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 has also served 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 has been a member since 2005, and the chair since 2009, of the oversight committee for the National Cooperative Highway Research Program (NCHRP) on Project 20-6. This Project is the ongoing NCHRP research of legal problems arising out of highway programs. The research is done by contractors and overseen by TRB technical staff and Mr. Tardif’s committee.

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).

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