I have known Tim for more than 30 years. He was a friend and mentor. He taught me a lot about the practice of law, and we had a lot of fun together. When I worked with Tim in the Attorney General's Office, he was primarily an appellate lawyer, handling cases at the U.S. Supreme Court and the Washington Supreme Court. We handled a number of cases together, but the one that stands out is the National Can litigation. A bit of background. Washington's main business tax is a gross receipts tax—the B&O tax. West Virginia also imposed a B&O tax, and in 1984 the U.S. Supreme Court held that West Virginia's B&O tax violated the Commerce Clause of the U.S. Constitution. In December of 1984 the Department of Revenue received hundreds of refund claims based on the West Virginia case. Between 1985 and 1989 related National Can cases were argued once at the U.S. Supreme Court and three times at the Washington Supreme Court. The National Can Litigation was worth about One Billion dollars (that's Billion with a B). In the end we won and the state paid very little in tax refunds. Four lawyers worked on the case: Tim, Lee Johnson, Ed Mackie, and me. We joked that we were the A Team after a TV show from the 1970s. The team included a leader, a crazy man, a con man, and the enforcer—played by Mr. T, a large man with a Mohawk haircut, who beat the crap out of the bad guys. Of course in law its brain power not muscle power that counts. So Tim was our “Mr. T” (R. Malone). He was the intellectual leader of the group and he was an expert in the complex constitutional law that was involved. Tim had the ability to work his way down to the heart of a complex legal issue, and he also had the ability to think outside the box and come up with new and innovative arguments. In addition to his analytical skill, Tim was an excellent writer. Without Tim's skill and knowledge the state would have lost the National Can litigation, with disastrous consequences. Tim's legal skills were such that he could have made a fortune in private practice. Instead he spent his career as a public servant. And all the citizens of the state were better off for it. I will miss Tim.
Karen, We are so sadden to learn of Tim.
Our thoughts are with you at this time.
Bonnie and Konrad Muench
Ocean Park, Wa
Tim was a dear man, a brilliant legal mind, and a good friend for many years. We will miss him very much.
We still cherish memories of Karen and Tim's short visit to Malaysia. It was our great priviledge to have known him. Tim will be missed by many.
Our sincere condolences.
Zerina & Dragan Medarevic
(Kuala Lumpur, Malaysia)
My deepest sympathy to you Karen on the passing of Tim. I will keep you in my prayers.