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Desktop Image: Burnside, Fred B.
Mobile Image: Burnside, Fred B.

Fred B. Burnside

Partner

Co-chair, Class Action Defense Group

T 206.757.8016 Seattle
T 415.276.6516 San Francisco
I solve problems.
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Fred Burnside concentrates his complex civil litigation practice on matters related to class-action defense, consumer financial services, and commercial litigation. His more than two decades as an attorney is distinguished by significant victories in state and federal trial and appellate courts, particularly in actions challenging banking fees and services.

Since successfully defending a pioneer class action lawsuit over insufficient funds (NSF) fee practices, Fred has represented dozens of major financial service providers facing similar claims. He also has the rare experience of taking a financial services class action through a jury trial—and winning. With an established track record of securing outright victory or favorable settlements, Fred has become the go-to attorney for consumer financial service providers facing class action lawsuits challenging fees charged by banks and credit unions.

His leadership at DWT includes serving as the co-chair of the Class Action Defense group and co-chair of the Consumer Financial Services Litigation industry team, and he previously served as the firm's Deputy Chair of the Litigation Department, Executive Committee member, and on the firm's Share (Compensation) Committee. He is a co-chair of the ABA's Annual National Institute on Class Actions, editor of the ABA Class Action Committee's Annual Survey of State Class Action Litigation, and a member of the American Law Institute.

Practice Highlights

Financial services class action litigator with trial experience

Litigated or is litigating more than a dozen class actions challenging overdraft, ATM, and NSF fee practices in Washington, Oregon, California, Utah, Virginia, Louisiana, and Massachusetts. Successfully argued lead case granting motion to dismiss claims over multiple NSF fees in Lambert v. Navy Federal Credit Union; has likewise obtained several dismissals of similar claims.

West Coast home lending litigation expertise

Leads a diverse team of lawyers in defending financial institutions in California, Oregon, Washington, and Alaska in home lending litigation and prevailed at the state and federal trial court levels in more than 750 cases over 20 years.

Class Action Litigation

Saeedy et al. v. Microsoft Corp.

Defending Microsoft against privacy-related claims arising from use of the Edge web browser; obtained complete dismissal of claims. 2023 WL 8828852 (W.D. Wash. 2023)

Baker v. Microsoft Corp.

Represented Microsoft in the United States Supreme Court, stemming from a putative nationwide products liability class action alleging defects in the Xbox 360 console. District court granted Microsoft's motion to strike class allegations, and the 9th Circuit denied review. After plaintiffs dismissed voluntarily to facilitate an appeal from the dismissal, the 9th Circuit took jurisdiction and reversed the order striking class allegations. The U.S. Supreme Court reversed, accepting Microsoft's position and holding the 9th Circuit lacked jurisdiction over the appeal. 137 S.Ct. 1702 (U.S. 2017)

Cayne v. Washington Trust Bank

Prevailed after a two-week jury trial in a breach of contract class action seeking a purported $175 million in damages and fees and obtained an attorneys' fee award against the named plaintiffs. (D. Idaho 2016). After oral argument on appeal, plaintiffs dismissed with prejudice. (9th Cir. 2019)

Christensen v. Zions Bancorporation

Prevailed on a motion to dismiss in a class action alleging improper NSF fee practices by successfully arguing that the contract's one-year limitations period barred all claims. See 2023 WL 2212753 (S.D. Cal. 2023)

Fruci & Associates v. A10 Capital LLC et al.

Represented Sound Community Bank and Washington Trust Bank in a putative class action alleging various theories based on defendants' failure to make payments to purported agent assisting borrowers with loans under the CARES Act and PPP program. Obtained dismissal for lack of standing and failure to state a claim, with the court quoting directly from the motion to dismiss. Fruci & Associates, PS v. A10 Capital LLC, 2020 WL 7714413 (W.D. Wash. 2020)
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Consumer Financial Services Litigation, Federal Appellate Decisions

Barnes v. Chase Home Fin. LLC

Represented Chase Home Finance in TILA rescission action and successfully argued that the underlying claim was not subject to TILA rescission, despite a prior appellate court decision (argued by different counsel) reversing an earlier dismissal. The 9th Circuit affirmed in a published decision. Barnes v. Chase Home Finance, LLC, 934 F.3d 901 (2019)

Paatalo v. JPMorgan Chase Bank, N.A.

Represented Chase against a serial litigant, based on alleged improper conduct by Washington Mutual, and obtained a dismissal (and affirmance on appeal) due to plaintiff's failure to exhaust administrative remedies under FIRREA. Paatalo v. JPMorgan Chase Bank, N.A., 726 Fed. Appx. 602 (2018)

Marts v. U.S. Bank National Association

Successfully argued appeal affirming dismissal of quiet title, negligence, and identity theft claims based on allegedly forged mortgage and note. The 9th Circuit held that these claims were time barred. 714 Fed. Appx. 775 (9th Cir. 2018)

Won v. Fannie Mae

Successfully argued appeal affirming dismissal of quiet title, negligence, and identity theft claims based on allegedly forged mortgage and note. The 9th Circuit held that these claims were time barred. 714 Fed. Appx. 810 (9th Cir. 2018)

Brophy v. JPMorgan Chase Bank, N.A.

Obtained dismissal and sanctions in defending against untimely TILA rescission claim, which was affirmed by the 9th Circuit Court of Appeals. 700 Fed. Appx. 732 (9th Cir. 2017)
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Consumer Financial Services Litigation, State Supreme Court Appellate Decisions

OneWest Bank, FSB v. Erickson

Successfully reversed appellate court decision barring creditor from foreclosing on reverse mortgage by arguing that prior judgment from Idaho was entitled to full faith and credit. 185 Wash.2d 43 (2016)

Frias v. Asset Foreclosure Services

Successfully represented financial services company in Washington Supreme Court against allegations of violations of the Washington Deeds of Trust Act and the Washington Consumer Protection Act in connection with issues related to foreclosure procedures and specifically foreclosure sales. (Wash. 2014)

Niday v. GMAC Mortg., LLC and Brandrup v. ReconTrust Co., N.A.

Successfully represented defendant in connection with mortgage-related questions of first impression in Oregon Supreme Court companion cases. 353 Or. 648, 302 P.3d 444 (Or. 2013); 353 Or. 668, 303 P.3d 301 (Or. 2013)

Walker v. Flagstar Bank, FSB.

Successfully argued that nonjudicial foreclosure is not subject to Alaska Unfair Trade Practices Act claim, which was affirmed by the Alaska Supreme Court. 2014 WL 7005588 (2014)
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Consumer Financial Services Litigation, State Court of Appeals Decisions

Rogers v. Quality Loan Service Corp.

Represented lender on appeal in defending against alleged violations of the Deed of Trust Act and Consumer Protection Act, with the Court of Appeals affirming on all grounds. Rogers v. Quality Loan Service Corp., 9 Wn. App.2d 1049 (2019)

Hall v. JPMorgan Chase Bank

Obtained summary judgment in case alleging claims under Foreclosure Fairness Act and Washington Consumer Protection Act based on lender’s refusal to allow a former spouse to modify his ex-wife’s loan without her consent. Affirmed on appeal, with the Supreme Court denying review. 196 Wash. App. 1036 (2017) rev. den. 188 Wash.2d 1005 (2017)

Hurney v. HSBC Bank, USA, N.A. for Merrill Lynch Alternative Note Asset Trust, Series 2007-0AR2

Prevailed on summary judgment representing lender and MERS against claims that foreclosure efforts were wrongful and violated Consumer Protection Act. The Washington Court of Appeals affirmed, holding that note owner and holder need not be the same, that MERS has an interest to assign, and that loan servicer could foreclose based on power of attorney from the note holder. 199 Wash. App. 1016 (2017)

Barton v. JPMorgan Chase Bank, N.A.

Successfully defended lender against serial litigant by arguing prior dismissals were res judicata, which was affirmed on appeal. 196 Wash. App. 1007 (2016)

Bucci v. Northwest Trustee Services, Inc., et al.

Defended lender against quiet title and declaratory judgment claims disputing negotiable instrument status, beneficiary status, and right to foreclose. Court of Appeals affirmed and Supreme Court denied review. 197 Wash. App. 318 (2016), rev. den. 188 Wash.2d 1012 (2017)
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Consumer Financial Services Litigation, Federal Trial Court Decisions

Edwards v. JPMorgan Chase Bank, N.A.

Defended lender against claims based on conduct by predecessor in interest, obtaining dismissal based on res judicata as to prior litigation over the same claims. 2017 WL 6389187 (W.D. Wash. 2017)

Horner v. JPMorgan Chase Bank

Obtained dismissal of claims for fraud, breach of fiduciary duty, slander of title, intentional infliction of emotional distress, wrongful foreclosure, and quiet title. 2016 WL 3574551 (D. Or. 2016)

Barker v. JPMorgan Chase Bank

Obtained 9th Circuit affirmance of trial court dismissal of various mortgage and foreclosure-related claims under Oregon and federal law, including the Fair Debt Collection Practices Act, Truth in Lending Act, and Real Estate Settlement Procedures Act. 743 Fed.Appx. 850 2018 WL 3912011 (2018)

Knecht v. Fidelity Nat. Title Ins. Co.

Defended MERS in bench trial alleging Consumer Protection Act violations. Obtained defense verdict with the court holding that the execution and recording of a MERS assignment did not injure the plaintiff. 2015 WL 3618358 (W.D. Wash. 2015)

In re Butler

Defended MERS in wrongful foreclosure claims in bankruptcy court, with dismissal of claims affirmed in federal district court. 550 B.R. 860 (W.D. Wash. 2015)
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Land Use Litigation

Carrington et al. v. City of Tacoma

Represented operator of a FERC-licensed hydroelectric project in action brought by dozens of landowners alleging state-law claims for property damage. Obtained dismissal of all claims with prejudice based on Federal Power Act Preemption. 276 F.Supp.3d ‌‌1035 (W.D. Wash. 2017)

Avista v. United States Bureau of Indian Affairs

Counsel for hydroelectric licensee in Avista v. U.S. Bureau of Indian Affairs. Represented Avista in a trial against the Bureau of Indian Affairs and the Coeur d'Alene Tribe relating to terms and conditions contained in a federal hydroelectric license, pursuant to Section 241 of the Energy Policy Act of 2005. The court ruled that many factual assertions by Interior in hydroelectric relicensing proceeding were unfounded. (Dept. of the Interior Admin. Law Judge 2007)

Confederated Tribes of the Umatilla Indian Reservation v. Ecology

Defended Chelan County PUD in challenge to Clean Water Act Section 401 Certification against claims of Indian tribes that project failed to provide reasonable assurance of compliance with water quality standards. Prevailed in trial before Pollution Control Hearings Board in widely cited decision. 2004 WL 891949 (Wash. Pollution Control Hearings Bd. 2004)
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Admitted to Practice

  • Washington
  • California
  • Oregon
  • U.S. District Court, Western District of Washington
  • U.S. District Court, Eastern District of Washington
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California
  • U.S. District Court, District of Colorado
  • U.S. Court of Appeals, 9th Circuit

Education

  • J.D., University of Wisconsin Law School, cum laude
    • Note & Comment Editor; Malt & Barley Editor, Wisconsin Law Review
    • Member, University of Wisconsin Moot Court Board
    • Recipient, Wisconsin State Bar Award for Highest Academic Achievement
    • Elected as Student Graduation Speaker
  • B.A., Philosophy, The Colorado College, with distinction
    • Phi Beta Kappa
    • Philosophy Department Nominee for the Rhodes Scholarship
    • Recipient, Robert Lewis and J. Glenn Gray Awards for Scholarship in Philosophy

Memberships & Affiliations

    • Co-chair, Davis Wright Tremaine's Class Action Defense Group
    • Member, Davis Wright Tremaine's Share Committee
    • Board Member of The William L. Dwyer American Inn of Court
    • Co-chair, National Institute on Class Actions, Class Action and Derivative Suits Committee, American Bar Association
    • Washington State Liaison, Class Action and Derivative Suits Committee, American Bar Association
    • American Law Institute, Principles of Aggregate (Class Action) Litigation, Members Consultative Group
    • Executive Committee, Davis Wright Tremaine, 2025

Professional Recognition

    • Named one of "America's Leading Lawyers for Business" by Chambers USA in Litigation: General Commercial (Washington), 2017-2024
    • Selected to "Top 100 Washington Super Lawyers," Thompson Reuters, 2022-2024
    • Selected to "Washington Super Lawyers," Thomson Reuters, 2014-2024
    • Selected to "Washington Rising Stars," Thomson Reuters, 2007-2008, 2010-2012
    • Named one of the "Best Lawyers in America" by Best Lawyers in Commercial Litigation, 2013-present; in Mortgage Banking Foreclosure Law, 2016-present; in Appellate Practice, 2018-present; in Mass Tort Litigation / Class Actions - Defendants, 2024-present
    • Selected by Best Lawyers as Seattle's "Lawyer of the Year" in Mass Tort Litigation / Class Actions - Defendants, 2025
    • Elected to American Law Institute

Background

    • Associate, Milberg, Weiss, Bershad, Hynes & Lerach, San Diego, 2000-2002
    • Judicial Intern, Hon. Barbara B. Crabb (W.D. Wisc.), Madison, Wis., 1999
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Publications
08.15.24
News
2025 Edition of Best Lawyers Recognizes More Than 180 Davis Wright Tremaine Attorneys for Excellence Read More
Publications
06.10.24
News
New Chambers Rankings Affirm Davis Wright Tremaine's National Leadership in Key Industry Sectors Read More
Publications
08.17.23
News
2024 Edition of Best Lawyers Recognizes More Than 175 Davis Wright Tremaine Attorneys for Excellence Read More
Publications
06.05.23
News
Chambers USA Recognizes Davis Wright Tremaine for Leadership Across Key Industry Sectors and Honors the Firm for Excellence in 51 Practices Read More
Publications
01.02.23
News
Quoted in "What Banking Attorneys Are Watching In The Courts In 2023," Law360 Read More External Link
Publications
06.07.22
News
Chambers USA Recognizes Davis Wright Tremaine for Excellence in Key Practice Areas and Industry-Leading Success With DEI Read More
Publications
05.21.21
News
Davis Wright Tremaine Recognized by Chambers USA for Industry-Leading Excellence in Key Practice Areas Read More
11.13.20
Presentations
Class Action Defense
Panelist, "Trials in Class Actions and Post-Trial Motions," 16th Annual Conference on Litigating Class Actions, Law Seminars International, Davis Wright Tremaine, Seattle
Publications
06.08.20
News
Class Action Defense
Quoted in "Discovery Cannot Be Used to Find a Class Action Plaintiff," American Bar Association Read More
Publications
04.28.20
News
Davis Wright Tremaine Recognized by Chambers USA for Industry-Leading Excellence in Key Practice Areas Read More
Publications
05.29.19
News
Davis Wright Tremaine Recognized by Chambers as One of the Country’s Leading Law Firms for Business Read More
Publications
05.23.19
Publications
Class Action Defense
"A Circuit Split Arises over the Admissibility of Evidence on Class Certification," American Bar Association Read More External Link
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