Rafel Law Group

TONY RAFEL
phone: 206.838.2662
fax: 206.838.2661
email: arafel@rafellawgroup.com

Tony is a trial lawyer. In his 27 years of practice, Tony has successfully handled cases involving contracts, real property, intellectual property, business torts, partnership disputes, condominium and construction defect claims, employment, wrongful death and consumer fraud. He is a tenacious lawyer who always puts his full effort into achieving his client's objectives. Tony is the managing partner of Rafel Law Group.

Representative Cases
Construction Defect

Sundance HOA v. Village Homes: Represented 153-unit condominium owners' association in construction defect action; $8.6 million settlement
Sierra HOA v. Murray Franklyn: Represented 98-unit condominium owners' association in construction defect action; $9.0 million settlement
Sjonadal HOA v. TRA Associates: Represented 8-unit condominium owners' association in construction defect claim; $800,000 settlement
Fujisada HOA v. Fujisada LLC: Represented 28-unit condominium owners' association to recover cost to repair construction defects; $4.7 million settlement
Montere Condominiums (61 units): $4.67 million settlement following litigation with 22 parties

Breach of Contract

Fisheye v. Techsonic: Represented plaintiff seller of underwater camera product line in month-long jury trial against corporate buyer for breach of contractual promise to promote camera line and resulting loss of earn-out income; won verdict for $2.3 million plus attorney's fees and costs of $700,000
Stan's Headers v. Tube Works: Represented plaintiff purchaser of defective industrial machine; won jury verdict for total price paid plus lost profits plus fees and expenses
Café Aroma v. Acorto: Defended manufacturer in action by distributor alleging wrongful termination of distributorship agreement; plaintiff sought $900,000, received only $5,000 and no fees or costs

Business Torts

Oewel v. Super Valu: Represented commercial property developer in month-long jury trial against anchor tenant of shopping center for interference with development plans; won $1.9 million jury verdict plus attorney's fees and costs
Boyd Enterprises v. General Disposal: Represented Seattle's first minority business enterprise garbage subcontractor in unfair business practices suit against prime contractor; won large jury verdict plus reimbursement of all attorney's fees and costs
Tyson v. Stout: Represented plaintiff anesthesiologist in month-long jury trial for defamation and career interference by another physician; won $1.2 million verdict
Ahlburg v. Frank-Lin Distillers: Defended out-of-state liquor distributor in federal court action asserting wrongful termination of business relationship with a local businessman; won directed verdict dismissing 5 of the 7 claims; at trial against $800,000 damage claim, jury returned defense verdict on 1st claim and plaintiff verdict for $36,500 on 2nd claim; obtained reversal of verdict on appeal, resulting in complete defense victory and award of costs

Intellectual Property

Microsoft v. Vantage: Suit for declaratory judgment of 'no breach' of software licensing agreement; obtained summary judgment and full award of attorney's fees
Limelight Productions v. UCO: Suit for trade dress infringement; won early injunction
Twin Commander v. EFC: Defended suit for misappropriation of trade secrets
Oregon Glass v. Cardinal: Suit for breach of noncompetition provision in agreement to sell patent rights to insulated glass units; won plaintiff award for damages and injunction, and for fees and costs, following 5-day trial before panel of 3 arbitrators

Partnership

Oliphant v. Osborne: Represented originating partner in complex real estate venture against co-partners for theft of opportunity and breach of fiduciary duty; confidential settlement
Hydaburg Fisheries v. HCA: Represented joint venture partner in Alaska action against tribal corporation co-partner for breach of joint venture agreement; won $230,000 judgment; successfully defended multiple appeals to Alaska Supreme Court asserting tribal immunity; collected judgment in full

Employment and Consumer Fraud

Luna v. Household Finance: Co-lead counsel for class of Washington borrowers claiming damages arising out of predatory mortgage lending practices; $15 million settlement
Beninger v. Safeco: Counsel for plaintiff in wrongful termination of employment action; jury verdict for plaintiff
Buscemi v. UPS: Counsel in class action by NJ package delivery drivers against United Parcel Service for unpaid overtime; confidential settlement
Agnello v. Bethlehem Steel: Represented 100 salaried employees in federal court ERISA action challenging reduction of retirement benefits following 1984 sale of Bethlehem's West Seattle plant; confidential settlement

Wrongful Death and Personal Injury

Seraile v. Group Health: Represented mother of deceased patient in wrongful death medical malpractice action; confidential settlement
Bingerman v. E&E Rubber Products: Represented injured plaintiff in state court products liability suit against manufacturer and distributor of rubber tension ties; confidential settlement
Antoine v. Alcon Laboratories: Represented plaintiff with latent injury products liability claim in multidistrict litigation; confidential settlement
Shepard v. Fredrickson: Represented plaintiff in delayed diagnosis medical malpractice action; confidential settlement

Background
After graduating from law school, Tony clerked for United States District Judge Barbara J. Rothstein in Seattle, then joined the law firm of Culp Dwyer Guterson & Grader, where he became a partner and practiced until that firm dissolved in 1995. Tony became Of Counsel and a principal in the firm of Rohan Goldfarb Rafel & Shapiro, P.S. until joining Riddell Williams, a 60-lawyer firm, in 2000, where he was twice elected by his peers as Chair of the Litigation Department and founded the Condominium Owners' Rights Enforcement (CORE) Group. In October 2005, Tony formed Rafel Law Group PLLC.

Tony also served as Chairman of the Board of Directors of Image Technology Corporation and its subsidiary, BriefServe.com, Inc., from June 2000 to January 2003. The business of those companies was to digitize briefs and other court records from the United States Supreme Court, the federal appeals courts, and various state courts. Tony negotiated the sale of BriefServe to West Group, the largest legal publisher in the world.

Education

J.D., cum laude, Benjamin N. Cardozo School of Law at Yeshiva University
Managing Editor, Cardozo Law Review; Samuel Belkin Scholar
B.A., University of Rochester

Admitted to Practice

Washington
Oregon
New York
New Jersey

Memberships/Activities

Past President of the Federal Bar Association of the Western District of Washington (1999); and former Vice-President, Trustee, and Chair of Local Rules, Website/Communications and Nominations Committees
Member, Community Associations Institute (CAI) Washington and Oregon chapters
Lawyer Representative (court appointed) to the Ninth Circuit Judicial Conference (1998-2001)
Bar Examiner for the Washington State Bar Association Committee of Law Examiners (1993-1998); member, Attorneys Professional Insurance Committee (1989-1990); and member, Opportunities for Minorities in the Legal Profession Committee (1987)
Member (court-appointed) of the Civil Justice Reform Act Advisory Group for the U.S. District Court for the Western District of Washington (2000-present)
Mediator, Western District of Washington CR 39.1 Program (1990-present)
Arbitrator, King County Superior Court Arbitration Program (1990-present)
Member, Washington State and Oregon State Bars, American Bar Association, King County Bar Association, Federal Bar Association of the Western District of Washington
Licensed Commercial Pilot

Publications/Presentations
Tony has authored materials on Federal Court practice and procedure for numerous continuing legal education seminars, is a regular faculty member for the National Institute of Trial Advocacy (NITA)'s annual week-long trial practice seminar, and is a regular presenter at Community Associations Institute (CAI) programs. Recent programs that Tony contributed to include a December 2007 presentation on Condominium Construction Defect and Warranty Claims (part of a Lorman-sponsored continuing legal education program on Legal Aspects of Condominium and Homeowners' Associations in Washington), a December 2007 WSCAI presentation entitled "Parking Spaces - What a Tangled Web We Weave," and as co-chair of the June 2006 Mealey's Pacific Northwest Construction Defect Conference.

Recognitions

Named one of the "Top Lawyers in Washington" by Washington CEO Magazine June 2008
"AV" rated by Martindale Hubbell (highest peer review rating for legal skill and ethical standards). (To view an explanation of "AV" ratings by Martindale Hubbell, click here)
Washington Law & Politics Magazine "Super Lawyer™" 2001-2008
Named as one of Washington's "Top 40" Real Estate Lawyers in Washington Law & Politics Magazine, 2007
Named one of Seattle's 152 "Top Lawyers" by Seattle Magazine 2005