CARNEY BADLEY SPELLMAN

Transcription

1 Estate Planning and Probate CARNEY BADLEY SPELLMAN Seattle Office 701 Fifth Avenue, Suite 3600 Seattle, Washington Tel: (206) Committed to exceptional client service and professional excellence, the lawyers of Carney Badley Spellman, P.S. strive to provide the best legal counsel to our clients. The diverse backgrounds of our attorneys provide our clients with a team of experienced legal counselors, skilled at developing effective and efficient solutions to a wide variety of legal issues in a multitude of industries and settings. With a focus on the Pacific Northwest, we serve individuals and businesses of all types and sizes, from closely-held companies to Fortune 500 corporations. Peers and industry press recognize Carney Badley Spellman lawyers as among the Best Lawyers in America, Super Lawyers and Top Attorneys in a variety of lists and publications. Carney Badley Spellman is also recognized as one of Puget Sound s Best Places to Work. Appellate Advocacy Carney Badley Spellman s Appellate Advocacy attorneys have more than seventy-five years of combined experience arguing appeals in the state and federal appeals courts. They have won groundbreaking victories in the Washington Supreme Court and the United States Court of Appeals for the Ninth Circuit. Victories for our clients have been earned in the Pacific Northwest, and from Alaska to Florida. Directory of Appellate Advocacy Attorneys Jason W. Anderson [email protected] Linda B. Clapham [email protected] Michael B. King [email protected] James E. Lobsenz [email protected] George C. Mastrodonato [email protected] Gregory M. Miller [email protected]

2 Page 2 Appellate Advocacy Our Experience The principal attorneys in Carney Badley Spellman s Appellate Advocacy Group have more than seventy-five years combined experience arguing appeals in the state and federal appeals courts. Our attorneys have won groundbreaking victories in the Washington Supreme Court and the United States Court of Appeals for the Ninth Circuit. We are familiar with the judges, the internal procedures and the personalities of these courts. We apply this in-depth experience earned in the Pacific Northwest to win victories for clients in state and federal courts from Alaska to Florida, and from California to New York. Knowledge of Diverse Area of the Law Carney Badley Spellman attorneys have experience handling complex appeals in many different areas of the law, including constitutional law, labor and employment, insurance, products liability, personal injury, wrongful death, real property, contracts, taxation, consumer protection, civil rights, defamation, family law, wills and trusts, criminal law, professional negligence, professional discipline and disbarment, education, administrative proceedings, civil and criminal contempt, evidence, civil procedure, discovery sanctions, class actions and many other subjects. Post Trial Appellate Stages When a case enters the post-trial and appellate stages, significant changes occur that may cause a client to consider employing a new attorney to handle an appeal. Representation at the next level with attorneys who understand and are experienced at appellate litigation can be vital to the outcome of a case. Even if a party s trial attorney is also an experienced appellate attorney, it is often a good idea to get a new attorney in order to get a fresh view of the case. A new attorney may well see issues that the trial attorney did not. While the predominant skills required of a trial attorney are the ability to examine and cross-examine witnesses and to make persuasive arguments to a jury, the skills of an appellate attorney are quite different. A good appellate attorney is a skilled brief writer who knows how to condense a lengthy trial with hundreds or thousands of pages of transcript into a written brief that generally may not exceed fifty pages. Arguments that might be expected to persuade a jury have no place in the context of an appeal. In general, arguments regarding factual matters and credibility issues are no longer fruitful. Rather, the focus shifts to highly legal arguments regarding the rulings made by the trial judge, the jury instructions and other questions of law. Consulting an appellate attorney before or during a trial may be advantageous if an appeal can be anticipated. An appellate advocate can help preserve errors so that an appellate court will be able to review them. If issues have not properly been preserved, appellate attorneys can help prepare post-trial motions for the trial court. These motions may either be successful in themselves or may at least insure that the issues are preserved for appellate court consideration. Appellate Advocacy Blog An appellate law blog is written by Jason W. Anderson, an appellate lawyer and principal at Carney Badley Spellman, P.S., in Seattle, Washington. Representative Cases For a detailed list of appellate representative cases, please see enclosed.

3 Attorney Bio JASON W. ANDERSON Jason W. Anderson, a principal, devotes the majority of his practice to civil appeals, which he has handled in all levels of Washington s appellate courts and the United States Court of Appeals for the Ninth Circuit. Jason s appellate experience includes dozens of cases in various fields, including personal injury, products liability, insurance, health care, employee benefits, commercial disputes, dissolution/divorce, and more. Jason came to practice after more than two years as a clerk for judges at the Washington State Court of Appeals, where he analyzed more than 100 appeals. Page 3 Mr. Anderson authors an appellate blog Besides appeals, Jason remains active in personal injury, insurance bad faith, class action, and insurance regulation matters at the trial court level. He has first-chair jury trial and arbitration experience. He has represented individuals, businesses, and life, health, property and casualty and other insurers in bad faith litigation and class actions, including cases brought under consumer protection laws. He also represents insurance carriers and producers in administrative proceedings before the Office of the Insurance Commissioner of the State of Washington, addressing matters including license revocation, approval of transactions, market conduct, and financial condition and reserves. Professional Associations Washington State Bar Association; Appellate Law Section, King County Bar Association; Judicial Screening Committee, King County Bar Association; Washington Defense Trial Lawyers Association; Northwest Insurance Coverage Association. Washington State, U.S. District Court - Western District of Washington, U.S. Court of Appeals-Ninth Circuit. Seattle University School of Law (JD, magna cum laude, 2000); Seattle University, Matteo Ricci College (BA, 1997). Phone: [email protected] CARNEY BADLEY SPELLMAN CMYK COLORS C: 0 M: 0 Y RGB COLORS R: 255 G: 25 TYPEFACE Logotype: Fournier

4 Page 4 Attorney Bio LINDA B. CLAPHAM Linda B.Clapham, a principal, re-joined Carney Badley Spellman in Ms. Clapham has extensive insurance coverage and litigation experience, on behalf of both domestic and London Market Insurers. For the last fifteen years she has expanded her expertise for insurance company clients by focusing on appellate litigation, including handling appeals from notice to mandate, and advising those clients on a wide variety of issues facing insurance companies in the everdynamic state and federal appellate courts of the Northwest, including the Alaska Supreme Court. Although raised in Seattle, Ms. Clapham has lived in Cologne, Germany; New York City; Washington D.C.; and Sun Valley, Idaho. Seminars/Speaking Engagements Preserving Your Case for Appeal: Tips for the Non-Appellate Attorney, Washington State Bar Association CLE (July 2009) Building Your Trial Record and Successfully Handling an Appeal, Washington State Bar Association CLE (July 2008) Procedural Steps for Obtaining Review of Private Arbitration Award, CLE for Rubric, LLC (November 2010) Professional Associations Washington Appellate Lawyers Association King County Bar Association, Appellate Law Section Washington Defense Trial Lawyers, Amicus Committee Defense Research Institute, Appellate Advocacy Committee Northwest Insurance Coverage Association National Association of Professional Women (NAPW) University of Washington BA Political Science 1982 Willamette University College of Law JD 1986 Associate Editor Willamette Law Review Washington Oregon U.S. District Court, Western District of Washington U.S. District Court, Eastern District of Washington U.S. District Court, District of Oregon Ninth Circuit Court of Appeals Phone: [email protected]

5 Attorney Bio MICHAEL B. KING Michael B. King, a principal, came to the firm in 2008 with Greg Miller to join Jim Lobsenz and Jason Anderson in forming the firm s uniquely experienced appellate group. Mr. King has focused exclusively on appellate litigation for over twenty years, and his practice is national in scope. He has represented clients before the Alaska, California, Illinois, Mississippi, Tennessee and Washington Supreme Courts, the Second, Ninth and Eleventh Circuits, and the United States Supreme Court, as well as all divisions of the Washington Court of Appeals and he has presented over 140 arguments to full merits panels. He is a former partner in the firm of Lane Powell, where for ten years he co-chaired the firm s appellate practice group. Page 5 Honors and Recognitions Mr. King is a Fellow of the American Academy of Appellate Lawyers. He has been named by Washington Super Lawyers magazine as one of the top attorneys in the state in the area of appellate law every year since 2001 and one of the top 100 attorneys in the state every year since He has been selected by Best Lawyers in America as one of the best appellate lawyers in Washington State every year since the inaugural listing in Mr. King was recognized by Seattle Metropolitan Magazine as one of King County s Top Lawyers Seattle Metropolitan Magazine culls their list using the Martindale-Hubbell ratings. He has been awarded an AV Preeminent rating by Martindale-Hubbell. University of Washington School of Law (JD, high honors); Harvard University (BA, cum laude, government). Washington State, U.S. Supreme Court, U.S. District Court - Western District of Washington, U.S. District Court - Eastern District of Washington; U.S. Court of Appeals - Second, Ninth and Eleventh Circuit. Phone: [email protected]

6 Page 6 Attorney Bio JAMES E. LOBSENZ James E. Lobsenz, a principal, joined the firm in 1989 through the merger of his firm, Wolfe & Lobsenz, P.S., with the Carney firm. Mr. Lobsenz has an extensive appellate practice in both the state and federal appellate courts. His substantive areas of experience are constitutional law, freedom of speech, police misconduct, civil rights, criminal defense law, employment law and evidence. After clerking for the Honorable Mathew O. Tobriner, Associate Justice of the California Supreme Court, and the Honorable Vincent L. McKusick, Chief Justice of the Supreme Judicial Court of Maine, Mr. Lobsenz came to Seattle and served as a deputy prosecuting attorney in King County for three years. Later he served as a public defender before going into private practice. Mr. Lobsenz is the author of several law review articles, and he is an Adjunct Professor of Law at Seattle University, where he teaches courses on constitutional law, the First Amendment and civil rights litigation. Mr. Lobsenz is the author of the website Seattle Criminal Appeals, where he publishes information on the criminal appeals process and representative cases. Honors and Recognitions Mr. Lobsenz received the William O. Douglas Award from the Washington Association of Criminal Defense Lawyers (2009). He also has received the 2010 Community Leadership Award from Washington s GLBT Bar Association; the 1991 Civil Libertarian Award from the Washington ACLU; and the 1985 Human Rights Day Award from the Seattle Chapter of the United Nations Association. He has been named by Washington Super Lawyers magazine as one of the top attorneys in the state for the last sixteen years, and a Top Lawyer by Seattle Magazine for multiple years. Mr. Lobsenz was recognized by Seattle Metropolitan Magazine as one of King County s Top Lawyers UC Berkeley School of Law (JD, 1976); Stanford University (MA, 1975); Stanford University (BA, political science, 1974). Washington State, U.S. Supreme Court, U.S. District Court - Western District of Washington, U.S. Court of Appeals - Ninth Circuit, U.S. Court of Claims, U.S. Court of Appeals for the Armed Forces, Army Court of Criminal Appeals. Phone: [email protected]

7 Attorney Bio GEORGE C. MASTRODONATO carneylaw.com Page 7 George C. Mastrodonato, a principal, joined Carney Badley Spellman in April Mr. Mastrodonato was previously a partner in the Seattle office of Dorsey & Whitney LLP, and a shareholder in both the Olympia and Seattle offices of Lane Powell PC. His practice focuses on Washington state and local taxes. He represents a diverse group of clients in a wide variety of industries, including forest products, utilities, manufacturing and refining, wholesale trade and transportation. His clients include large and small businesses, individuals, and municipal corporations. He has handled state and local tax issues before administrative agencies (Washington Department of Revenue, county boards of equalization, State Board of Tax Appeals) and the courts (Superior Court, Court of Appeals, Supreme Court). He was previously employed for more than eleven years by the Department of Revenue, working in tax appeals, legislation, rules and taxpayer information and education. Honors and Recognitions Mr. Mastrodonato has been named by Washington Super Lawyers magazine as one of the top attorneys in the state for each of the years and is listed in Best Lawyers in America. J.D., Gonzaga University School of Law, 1976 B.A., Syracuse University, 1972 A.S., Monroe Community College, 1970 Washington State Phone: [email protected]

8 Page 8 Attorney Bio GREGORY M. MILLER Gregory M. Miller, a principal, came to the firm in 2008 with Mike King to join Jim Lobsenz and Ken Kagan in forming the firm s uniquely experienced Appellate Group. Mr. Miller has argued more than sixty cases on the merits before the Washington appellate courts and the Ninth Circuit in civil, family, constitutional and criminal law. He is a founding member of the Washington Appellate Lawyers Association, and chaired the WALA Appellate Judges CJE presentations in 2003 and 2006 and the KCBA Appellate Practice Section in Mr. Miller clerked for Judge C. Kenneth Grosse at the Washington Court of Appeals from January 1985 to August 1986, then worked in private practice before and after serving as staff counsel to the Senate Health and Long Term Care Committee for the 1990 legislative session. For ten years beginning in 1996, he operated his own firm and fully developed his appellate practice. His twenty-four years of practice give him deep experience in health law, general litigation, municipal law, and labor and employment law and negotiations. He has represented physicians, lawyers, business owners, employees, house cleaners, parents, students, school districts, cities and towns, including as a city prosecutor, prisoners, companies, management and labor. Honors and Recognitions Mr. Miller was recognized in The American Lawyer, Corporate Counsel and The National Law Journal as one of the 2013 Top Rated Lawyers in Health Care and in the American Lawyer Media as a Top Rated Lawyer in Labor & Employment. He was recognized by Seattle Metropolitan Magazine as one of King County s Top Lawyers Seattle Metropolitan Magazine culled their list using the Martindale-Hubbell ratings. Mr. Miller has been awarded an AV Preeminent rating by Martindale-Hubbell. This rating is given to attorneys who demonstrate the highest ethical standards and professional ability. Northeastern University School of Law (JD, 1984); Harvard University (BA, 1976). Washington State, U.S. Supreme Court, U.S. District Court - Western District of Washington, U.S. Circuit Court of Appeals - Ninth Circuit. Phone: [email protected]