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Dennis M. Tessier

Paralegal
Seattle
+1.206.370.6630
Fax +1.206.623.7022

Primary Practice

Education

  • Certificate, University of West Los Angeles School of Law, 1989, California Attorney Practice Certification Program
  • Certificate, University of West Los Angeles, 1987, School of Paralegal Studies - American Bar Association Paralegal Certification with Specialist Certificates in Real Estate and Litigation
  • Biography Overview
  • Additional Background
  • Representative Work

With well over a quarter of a century of front-line litigation in state and federal jurisdictions as a Senior Trial Paralegal, Mr. Tessier brings a deep and diverse range of experience in the administration of justice.  Mr. Tessier has managed highly complex litigation matters with a focus on constitutional, patent and trademark intellectual property, computer technology, healthcare, pharmacology and pharmaceutical drugs and devices, medicine and medical negligence, engineering, admiralty and maritime issues, transportation, products liability, environmental, toxic torts, real estate/construction defect, business and commercial disputes, legal errors and omissions, RICO actions, class actions, multi-district litigation, antitrust, competition and trade regulations, qui tam actions and Grand Jury investigations.  Mr. Tessier also does pro bono work on immigration amnesty cases and death penalty appeals.

Mr. Tessier has handled thousands of cases, hundreds of in-court proceedings, mediations and arbitrations, including rocket docket restraining orders and preliminary injunction prosecutions, more than 36 jury trials and 54 plus appellate matters, many of which have resulted in published opinions, including practice before the United States Court of Federal Claims, the United States Tax Court, and the United States Supreme Court.  His work has contributed to molding significant elements of the nation's jurisprudence for a client base consisting of individuals, law firms, law enforcement agencies, military concerns, government entities and Fortune 100 corporations across North America, South America, Asia and Europe, including criminal and civil antitrust and competition law matters before the Antitrust Division of the U.S. Department of Justice, the U.S. Federal Trade Commission, various state attorneys general, the International Trade Commission, the U.K. Office of Fair Trading and Competition Commission, and the European Commission.

Mr. Tessier presents and lectures at continuing legal education seminars focusing on state and federal civil and criminal procedure, discovery management, investigation issues and trial proceedings.

Achievements

  • Who's Who in American Law
  • Who's Who in the World
  • Dictionary of International Biography (England)

Professional/Civic Activities

  • American Bar Association
  • American Trial Lawyers Association
  • American Society of Trial Consultants
  • American Veterans of Foreign Wars 8093rd
  • Institute of Paralegals, Qualified (United Kingdom)
  • National Association of Licensed Paralegals  (United Kingdom)
  • United States Judge Advocates Association
  • United States Military Fleet Reserves 147th
  • United Way Foundation of King County
  • Washington State Defense Lawyers Association
  • Washington State Trial Lawyers Association
  • Washington State Notary Public

Additional Information

Other Certifications
  • Federal Public Practice Certification in Epidemiology, U.S. Centers for Disease Control, 1991
  • Apilado v. NAGAAA. (W.D. Wash. C10-00682JCC (2011). Successful resolution of First Amendment and discrimination claims based on sexual orientation and the Washington State public accommodation laws. The case settled on the eve of trial. 792 F. Supp.2d 1151, 2001 WL 2148816.
  • U.S. Department of Energy, U.S. Environmental Protection Agency & Washington State Department of Ecology (The Tri-Party Agreement), Hanford Nuclear Site concerning waste treatment and technical issues, the recent disaster in Japan and Hanford's ability to respond to catastrophic events, potential 2012 budget impacts and not accepting offsite waste (2011).
  • In Re Grand Jury Subpoenas. (N.D. Cal. 07-1827SI), Ninth Circuit Court of Appeals 10-15758 (627 F.3d 1143 (2010)), United States Supreme Court 10-1147, under 18 U.S.C. § 3332 and Federal Rules of Criminal Procedure 17 (2011), raising novel issues with potentially far-reaching implications about the jurisdiction of the Federal Grand Jury and the relationship between Grand Jury proceedings and civil discovery of unindicted foreign defendants (2006-2011). 
  •  Brice Yingling v. eBay, et al., (C-09-01733 USDC ND CA) Successful resolution of class action lawsuit involving $30 million over allegations it had overcharged sellers in the eBay Motors Parts and Accessories category (2011). 
  • Carnegie Mellon University v. Marvell Semiconductor, Inc., et al. (W.D. PA 2009).  Patent infringement litigation regarding technology for improving magnetic storage density.
  • Banks v. City of Ocean Shores, (Grays Harbor County Superior Court, 2010, 03-2-01811-9).  Defended class action prevailing in a two week jury trial regarding the Point Brown Peninsula’s Storm Water Service charge and property owner regulatory fee assessment ultimately based on maintaining and protecting the fragile balance of encapsulating a fresh water aquifer consisting of ground water, canals and lakes being surrounded by the Pacific Ocean shoreline.  This was the first time that a constitutional and statutory claim of this nature had been tried before a Washington jury.  While the case took nearly seven years to get to trial, the jury returned a 12-0 defense verdict in less than one hour.
  • Gameinformer Magazine, Intellectual Property Paralegal for 3 of the first 5 Top 200 Video Games of All Time.listed: 1) The Legend of Zelda, 2) Super Mario Bros., for the Nintendo Platforms, and 5) Half-Life 2 by Valve for the PC (Fall 2009).
  • Microsoft adv. Johnson, et al., (W.D. Wash. 2009, C06-900RAJ). Represented Microsoft Corp., in its successful defense of consolidated class action cases where Plaintiffs asserted claims on behalf of an alleged nationwide class for breach of contract, unjust enrichment and violation of the Washington Consumer Protection Act relating to Microsoft’s Windows Genuine Advantage program. After several rulings in Microsoft’s favor, the Plaintiffs dropped their class allegations and ultimately dismissed all remaining claims with prejudice. Valve Corporation, Listed in the credits "Crack Legal Team" on the blockbuster video game Portal-2 (2009).
  • Balaton v. Balaton, et al., (King County Superior Court, 2008-2009, 07-2-14061-1SEA).  Defended case including six week jury trial regarding construction defect, breach of express and implied warranties under the Washington State Condominium Act (RCW64.34.443), breach of contract and violation of the Washington State Consumer Protection Act (RCW19.86.020).  Discovery management including 133 depositions and 349 subpoenas.  To date, the record setting case in the history of the Superior Court for the State of Washington for the most trial exhibits and photos offered in evidence.
  • In Re Hanford Nuclear Facility. Implementation and monitoring of the Hanford site cleanup under the Tri-Party Agreement & Consent Decrees between the U.S. Department of Energy, Washington State Department of Ecology and the U.S. Environmental Protection Agency through judicial oversight with U.S. Federal Court management (1994-current)
  • Sandler v. Calcagni (D. Maine 2008, 07-cv-29).  Obtained summary judgment for defendant Amazon/Booksurge regarding Print-On-Demand technology entities and action for libel and defamation.  Decision reported at 565 F.Supp.2d 184, 2008 WL 2761892 (D.Me.).
  • City of Seattle v. The Professional Basketball Club, LLC (W.D. Wash 2008, C07-1620).  Prosecuted case including six day bench trial regarding specific performance of the Seattle Supersonics Basketball Team and contract on the Key Arena lease.
  • Federici v. U-Haul (King County Superior Court, 2007, 06-2-11563-5SEA).  Defended case including nine week jury trial involving products liability and personal injury issues.
  • Ivey v. Reeder (Washington County Circuit Court, 20th Judicial District, Oregon, 2007, C-06-2144 CV).  Prosecuted case on behalf of national advertising agency prevailing in six day jury trial regarding misappropriation of trade secrets and other violations of non-competition agreements.
  • Microsoft Forefront Trademark Litigation, (USDC WD Wash CV06-1327P, Successful resolution involving Microsoft’s Forefront trademark for their multi-layered portfolio of protection, identity and access security products (2006).
  • Valve Corporation, Listed in the credits "Crack Legal Team" on the blockbuster video game Half-Life 2: Episode Two (2007).
  • Fuji Kogyo Co., Ltd. v. Pacific Bay International, Inc., et al. (Trademark Trial and Appeal Board, M.D.Tennessee, Sixth Circuit Court of Appeals, United States Supreme Court, 2002-2007). Prevailed in three week bench trial dismissing three trademarks on the basis of functionality.  Decisions reported at 461 F.3d 375 (2006) and 127 S. Ct. 1373 (2007).
  • United States v. Microsoft Corporation (D.D.C.). Defense of federal antitrust investigation and litigation.
  • Valve Corporation, Listed in the credits "Crack Legal Team" on the blockbuster video game Portal (2007).
  • T-Mobile USA, Inc. v. Swenson (King County Superior Court, 2005-06, 05-2-34832-1SEA). Prosecuted case on behalf of national wireless communications carrier against former chief operating officer. Prevailed in obtaining temporary restraining order, preliminary and permanent injunctions against misappropriation of trade secrets and other violations of non-competition agreements.
  • Swenson v. T-Mobile USA, Inc. (S.D.Cal. 2005-06). Prevailed in action in which former chief operating officer attempted to invalidate non-competition agreements under California law. Decision reported at 415 F. Supp.2d 110 (N.D. Cal. 2006).
  • CMSI, Inc. v. Pacific Cycle, Inc. (W.D. WA 2006). Litigation of express reverse passing off trademark claims with respect to unauthorized importation of motor scooters.
  • The Nautilus Group v. Savvier, Inc. (W.D.Wash. 2006). Obtained summary judgment for defendant Savvier dismissing trademark infringement case by maker of Bowflex exercise gym against longstanding Body Flex breathing and exercise program.
  • Microsoft Codec Piracy-Digital Millennium Copyright Act Enforcement (17 U.S.C. §§ 512, 1201-1205, 1301-1332; 28 U.S.C. § 4001) Successfully shut down websites illegally posting Microsoft Codecs for Linux based operating systems (2006).
  • Microsoft Corporation v. Google Inc., Dr. Kai-Fu Lee (King County Superior Court, 2005). Representing Microsoft in litigation against Google and Dr. Lee. Prevailed in obtaining a Temporary Restraining Order and Preliminary Injunction prohibiting Google and Dr. Lee from misappropriating Microsoft trade secrets or otherwise violating Dr. Lee's non-competition agreement.
  • Microsoft Corporation v. Synergy6 (King County Superior Court, 2003-2005, 03-2-12559-8SEA). Litigated case on behalf of Microsoft, in conjunction with the New York State Attorney General, against the former “Spam King” successfully shutting down the world’s largest spam e-mail operation.
  • Google Inc., Dr. Kai-Fu Lee v. Microsoft Corporation (N. D Cal. 2005). Prevailed in defeating plaintiffs' attempt to invalidate Dr. Lee's non-competition agreement under California law. Decision reported at 415 F. Supp.2d 1018 (2005).
  • Tseng v. Home Depot and Wal-Mart (W.D. Wash. 2005). Successful litigation of patent claims involving Christmas tree lighting systems resulting in a multi-billion dollar world wide market share precedent.
  • Valve Corporation, Listed in the credits "Crack Legal Team" on the blockbuster video games Half-Life 2 (2005).
  • Microsoft Windows Source Code Leak-Digital Millennium Copyright Act Enforcement (17 U.S.C. §§ 512, 1201-1205, 1301-1332; 28 U.S.C. § 4001) Successfully shut down websites illegally posting Microsoft Windows Source Code (2005).
  • Valve Corporation v. Sierra Entertainment & Vivendi Universal (W.D. Wash 2005, C02-1683Z).  Prosecuted case focusing on distribution of retail packaged versions of Valve’s video games, including Half-Life, Half-Life 2, Counter Strike TM, Counter Strike and Condition Zero, in Cyber Cafes world-wide.
  • Pacific Marketing International v. Thermos, Inc. (W.D.Wash. 2005). Prevailed in a two week jury trial in which Thermos obtained verdict dismissing claim of trade dress infringement made by owner of Stanley brand insulated bottle.
  • Valve Corporation Source Code Leak-Digital Millennium Copyright Act Enforcement (17 U.S.C. §§ 512, 1201-1205, 1301-1332; 28 U.S.C. § 4001) Successfully shut down websites illegally posting Valve Source Code (2004).
  • Microsoft Corporation v. Lindows.com (W.D.Wash. 2004). Represented Microsoft in prosecution of trademark infringement action against manufacturer of LindowsOS operating system.   Reported at 319 F.Supp.2d 1219 (2004).
  • United States Department of Justice and the United States Judicial Intelligence Agency.   Handled qui tam actions and Grand Jury Investigations involving Medicaid and Medicare fraud including issuance management of over 275 Subpoenas under 50 U.S.C. §§ 831-835, Executive Order 12333, 46 FR 59941, 3 CFR, 1981 Comp.   (1999-2003).
  • Baseball Stadium Litigation. Successfully defended the Washington State Major League Baseball Stadium Public Facilities District in over a dozen lawsuits challenging various aspects of the effort to build a new baseball stadium in Seattle. The lawsuits involved a range of issues, including various constitutional, environmental and condemnation issues. The cases were filed in four different counties and three of the cases went to the state supreme court. All the litigation was done on an expedited basis and completed in about a year and a half.
  • United States v. Microsoft Corporation (N.D. Cal.). Defense of lawsuit to enjoin potential merger with Intuit.
  • Physio–Control Corporation v. Heartstream, Inc. (King County Superior Court). Represented manufacturer of medical devices in case involving claims for attempted monopolization, unfair and deceptive competition, tortious interference with business expectancies, and misappropriation of trade secrets. Case resulted in settlement.
  • In Re the United States of America Exclusive Economic Zone(“U.S. EEZ”).   Successfully negotiated resolution of incidents involving foreign fishing vessel incursions into the U.S. EEZ at the Russian Maritime Boundary Line in the Bering Sea and the Western/Central Pacific U.S. EEZ border including interception procedures of foreign fishing vessels in conjunction with the U.S. Coast Guard, the National Oceanic and Atmospheric Administration and the U.S. State Department on precursor enforcement agreements with Mexico and the United States / Russia shiprider agreement to aid EEZ enforcement in the Bering Sea. (1998-1999).
  • Bristol Bay Antitrust Class Action (Superior Court – Alaska). Defense of foreign importers in multi–defendant class action alleging conspiracy to fix prices and damages exceeding $1 billion. Case dismissed following win on summary judgment.
  • Gillette v. Optiva Corp. (S.D.N.Y. 1999). Represented manufacturer of Sonicare sonic toothbrush, in a three week jury trial, in false advertising lawsuit against Gillette, the manufacturer of the competing Braun-Oral B product.
  • Williams v. Weyerhaeuser (W.D.Wash. 1998). Litigated national class action related to Weyerhaeuser hard board exterior siding products.
  • Richison v. American Cemwood Corp. (San Joaquin County Superior Court 1998) Litigated for national (excluding Colorado) class of Cemwood shake property owners. The court approved a $105 million partial settlement with the manufacturer's parent company. The remaining claims settled shortly before trial for an additional $83 million.
  • Johnson et al. v. Amgen Boulder, Inc., et al. (W.D.Wash. 1997). Successfully litigated a large class of limited partners that invested approximately $50 million to fund the development of a genetically-engineered molecule (Interleukin 1 receptor antagonist) with the world's largest biotech company. The case settled shortly before trial for payments totaling up to $82 million.
  • Riss v. Angel. Decided by Washington Supreme Court dealing with scope of restrictive covenants relating to use of real property and duties and responsibilities of homeowner association.  Decision reported at 131 Wn.2d 612 (1997).
  • In Re Louisiana Pacific. Litigated one of the largest national construction products cases in history related to LP Inner Seal exterior siding.  To date over $450 million has been paid to claimants (1996).
  • Nintendo LTD and Nintendo of America. General Counsel's Office handling Risk Management, Products Liability and Intellectual Property litigation worldwide including responding to 3rd Party Subpoenas.  2.2 billion video games and more than 387 million hardware units globally (1992-1996).
  • The Jockey Guild of America v. The American Horse Racing Association (CD. Cal. 1993).  Successfully litigated case enabling world-wide off-track betting protocols for jockey compensation.  Action required same day timed coordination for perfection of service of process on every horse racing track in Canada, the United States and Puerto Rico.
  • Nissan Motors LTD and Nissan Motors of America. General Counsel's Office handling Breach of Warranty Department (1992).
  • In Re Silicone Gel Breast Implants Products Liability Litigation (ND AL CV92-P-10000-S (MDL-926)).  Managed Nation-wide Multi District Litigation including centralized War-Room, Brief Bank and Exhibit Repository including coordinated Medical Literature Research and Expert Witness intelligence and investigations (1992).
  • United States Judicial Intelligence Agency.   Office of the Special Counsel, Investigation Task Force, Pacific Division.  Investigation of the 35th Annual Tailhook Association Symposium in conjunction with the Office of the Judge Advocate for the United States Navy, The United States Air Force and the United States Marine Corps (1991-1992).
  • In re Washington Public Power Supply System Litigation (“WPPSS”). Primary counsel for all West Coast defendants in the Washington Public Power Supply System Securities Litigation.   The case involved the largest municipal bond default in US history – over $7 billion in principal and interest.  Representing cities and public utility districts, and their council members and commissioners, in multiple proceedings before various state and federal courts, the United States Court of Federal Claims and the Unites States Supreme Court.   Hundreds of defendants, represented by scores of lawyers, were sued in multiple class action lawsuits involving tens of millions of pages of documents, hundreds of depositions all around the country and thousands of pages of deposition and trial testimony.   This highly complex litigation culminated after a three month jury trial.  See 471 U.S. 1075, 105 S.Ct. 2154, 85 L.Ed.2d 510 (1985-1994).
  • Daubert v. Merrell Dow Pharmaceuticals. Bendectin Litigation. The Daubert standard is a legal precedent set in the Supreme Court of the United States regarding the admissibility of expert witnesses' testimony during federal legal proceedings.  Decisions reported at 951 F.2d 1128; 1991 U.S. App. LEXIS 29497; 34 Fed. R. Evid. Serv. (Callaghan) 1145; CCH Prod. Liab. Rep. P13,014; 91 Cal. Daily Op. Service 9905; 91 Daily Journal DAR 15720, April 5, 1991 (Argued and Submitted, Pasadena, California, December 20, 1991) and 509 U.S. 579 (1993).
  • In Re Ethiopia Judicial System. Participated in the reform of the Ethiopian Constitution and the Ethiopian Transitional Government as assistant to Fulton “Bill” Haight, under advisor appointment to the new government, at the request of former President Jimmy Carter and in conjunction with the Rand Corporation, just months after the collapse of the nation’s Communist regime (1991).
  • In re Hanford Nuclear Reservation Litig. Toxic Tort litigation involving the United States Department of Energy (Office of Intelligence and Counterintelligence), the United States Environmental Protection Agency, and the Washington State Department of Ecology including review, analysis and databasing of over 30,000 boxes top secret and confidential documents, under Q and L security clearances, for litigation discovery and future Public Disclosure Act requests including participation in the National Radiation Exposure Compensation Act (Public. Law 101-426) for recompense to nuclear test victims which to date has approved more than $1.4 Billion in reparations (1990-1993).
  • The Pharmaceutical Manufacturer’s Association, the National Research Defense Council and the U.S. Centers for Disease Control. Participation in the formulation of epidemiological research protocols for documenting and assessing possible risk assessment exposures to the Acanthamoeba Keratitis virus in contact lens disinfecting solutions, for anticipated worldwide litigation defense coordination (1989-1991).
  • Graham v. Wyeth Laboratories, et al. Pediatric Vaccine Litigation regarding Federal Preemption, Failure to Warn and Failure to Design issues.  Decision reported at 906 F. 2d 1399 (Tenth Circuit Court of Appeals, 1990).    
  • Rosanne Barr v. The National Enquirer. Prosecuted case under federal racketeering statutes (Racketeer Influenced and Corrupt Organizations Act 18 U.S.C. § 1961-1968 (“RICO”)) charging copyright infringement, conspiracy, invasion of privacy and intentional inflection of emotional distress (CD Cal 1990).  
  • In Re Malathion Litigation (Los Angeles Superior Court 1989). Coordinated research and investigation on exposure to Organophosphate Carbamate Pesticides and organophosphate compounds, in conjunction with the California State Department of Health.     
  • United States Department of Health and Human Services, U.S. Centers for Disease Control, United States Court of Federal Claims. Participation in The National Vaccine Injury Act (Public Law 99-660) for the creation of the National Vaccine Compensation Program to insure an adequate supply of vaccines, stabilize vaccine costs, and establish and maintain an accessible and efficient no-fault forum alternative to traditional tort system for resolving vaccine injury claims (1986-1990).
  • Geiser v. Wyeth Laboratories, et al. Pediatric Vaccine Litigation regarding Federal Preemption, Failure to Warn and Failure to Design issues.  Decision reported at 716 F. Supp. 520 (D. Kan. 1989).
  • Abbot v. American Cyanamid Co. Pediatric Vaccine Litigation regarding Federal Preemption, Failure to Warn and Failure to Design issues.  Decision reported at 844 F.2d 1108 (Fourth Circuit Court of Appeals, 1988).
  • MacGillivray v. Lederle Laboratories Division of American Cyanamid Co., Pediatric Vaccine Litigation regarding Federal Preemption, Failure to Warn and Failure to Design issues.  Decisions reported at 667 F.Supp. 743 (N.D.N.M. 1987) and 651 F.Supp. 993 (Fifth Circuit Court of Appeals, 1988).
  • Wack v. Lederle Laboratories, Pediatric Vaccine Litigation regarding Federal Preemption issues.  Decision reported at 666 F.Supp. 123 (N.D.Ohio 1987).
  • Graham v. Wyeth Laboratories, Vaccine Litigation regarding Federal Preemption issues.  Decision reported at 666 F.Supp. 1483 (D.Kan.1987).
  • Foyle v. Lederle Laboratories, Pediatric Vaccine Litigation regarding Federal Preemption issues.  Decision reported at 674 F.Supp. 530 (E.D.N.C.1987).
  • Percival v. American Cyanamid Co., Vaccine Litigation regarding Learned Intermediary Rule including successful summary jury trial.  Decision reported at 689 F. Supp. 1060 (W.D. Oklahoma (1987).
  • Hurley v. Lederle Laboratories Division of American Cyanamid Co. Pediatric Vaccine Litigation regarding Federal Preemption, Failure to Warn and Failure to Design issues.  Decision reported at 651 F. Supp 993 (E.D TX, Beaumont Div. 1986).
  • Milam v. Lederle Laboratories Division of American Cyanamid Co., Pediatric Vaccine Litigation regarding Federal Preemption issues.  No. CA-4-85-92-K, slip op. (N.D.Tex. Oct. 15, 1986).
  • Toner v. Lederle Laboratories, et al. Pediatric Vaccine Litigation regarding Federal Preemption, Failure to Warn and Failure to Design issues.  Decision reported at 779 F. 2d 1429 (Ninth Circuit Court of Appeals, 1986).
  • Morris v. Parke, Davis & Co., Vaccine Litigation regarding Learned Intermediary Rule and Federal Preemption issues.  Decision reported at 667 F. Supp. 1332 (C.D.Cal. 1986).
  • Patten v. Lederle Laboratories., Pediatric Vaccine Litigation regarding Federal Preemption issues. Decision reported at 655 F. Supp. 745 (1985).
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