CARNEY BADLEY SPELLMAN

Estate Planning and Probate

Appellate Advocacy

CARNEY

BADLEY

SPELLMAN

701 Fifth Avenue, Suite 3600 Seattle, Washington 98104 Tel: (206) 622-8020

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. Th e diverse backgrounds of our attorneys provide our clients with a team of experienced legal counselors, skilled at developing eff ective and effi cient solutions to a wide variety of legal issues in a multitude of industries and settings. With a focus on the Pacifi c 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.”

Carney Badley Spellman’s Appellate Advocacy attorneys have more than seventy-fi ve years of combined experience arguing appeals in the state and federal appeals courts. Th ey 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 Pacifi c Northwest, and from Alaska to Florida.

Directory of Appellate Advocacy Attorneys

Jason W. Anderson [email protected] 206 607-4114

Linda B. Clapham [email protected] 206-607-4119 Michael B. King [email protected] 206 607-4142

James E. Lobsenz [email protected] 206 607-4121 George C. Mastrodonato [email protected] 206 607-4110 Gregory M. Miller [email protected] 206 607-4176

Our Experience

Th e principal attorneys in Carney Badley Spellman’s Appellate Advocacy Group have more than seventy-fi ve 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 Pacifi c 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 diff erent 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, signifi cant 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 diff erent. 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 fi fty 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. Th ese 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 www.waappellatelaw.com 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.

Appellate Advocacy

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JASON W. ANDERSON

Principal

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 fi elds, including personal injury, products liability,

insurance, health care, employee benefi ts, 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.

Mr. Anderson authors an appellate blog www.waappellatelaw.com.

Besides appeals, Jason remains active in personal injury, insurance

bad faith, class action, and insurance regulation matters at the trial

court level. He has fi rst-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 Offi

ce of the Insurance

Commissioner of the State of Washington, addressing matters

including license revocation, approval of transactions, market

conduct, and fi nancial 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.

Education

Seattle University School of Law (JD, magna cum

laude, 2000); Seattle University, Matteo Ricci College

(BA, 1997).

Admitted to Practice

Washington State, U.S. District Court - Western District of Washington, U.S. Court of Appeals-Ninth Circuit.

Contact Info

Attorney Bio

LINDA B. CLAPHAM

Principal

Linda B.Clapham, a principal, re-joined Carney Badley

Spellman in 2013. Ms. Clapham has extensive insurance

coverage and litigation experience, on behalf of both domestic

and London Market Insurers. For the last fi fteen 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

ever-dynamic 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)

Education

University of Washington—BA Political Science 1982 Willamette University College of Law—JD 1986 Associate Editor Willamette Law Review— 1984-1986

Admitted to Practice

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

Contact Info

Attorney Bio

MICHAEL B. KING

Principal

Michael B. King, a principal, came to the fi rm in

2008 with Greg Miller to join Jim Lobsenz and Jason

Anderson in forming the fi rm’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 fi rm of Lane Powell, where for ten years

he co-chaired the fi rm’s appellate practice group.

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 2009. 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 2007. Mr. King was recognized by Seattle Metropolitan

Magazine as one of King County’s “Top Lawyers 2010.” Seattle Metropolitan Magazine culls their list using the

Martindale-Hubbell® ratings. He has been awarded an “AV” Preeminent rating by Martindale-Hubbell®.

Education

University of Washington School of Law (JD, high honors); Harvard University (BA, cum laude, government).

Admitted to Practice

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.

Contact Info

Attorney Bio

JAMES E. LOBSENZ

Principal

James E. Lobsenz, a principal, joined the fi rm in 1989 through

the merger of his fi rm, Wolfe & Lobsenz, P.S., with the Carney

fi rm.

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.

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Attorney Bio

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 2010.”

Education

UC Berkeley School of Law (JD, 1976); Stanford University (MA, 1975); Stanford University (BA, political science, 1974).

Admitted to Practice

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.

Contact Info

Phone: 206 607-4121

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GEORGE C. MASTRODONATO

Principal

George C. Mastrodonato, a principal, joined Carney Badley

Spellman in April 2010. Mr. Mastrodonato was previously a

partner in the Seattle offi

ce of Dorsey & Whitney LLP, and a

shareholder in both the Olympia and Seattle offi

ces 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 refi ning, 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 2008 - 2016 and is listed in Best Lawyers in America.

Education

J.D., Gonzaga University School of Law, 1976 B.A., Syracuse University, 1972

A.S., Monroe Community College, 1970

Admitted to Practice

Contact Info

Attorney Bio

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Attorney Bio

GREGORY M. MILLER

Principal

Gregory M. Miller, a principal, came to the fi rm in 2008 with

Mike King to join Jim Lobsenz and Ken Kagan in forming

the fi rm’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 2006-07.

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 fi rm 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 Th e 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 2010.” Seattle Metropolitan Magazine culled their list using the Martindale-Hubbell® ratings. Mr. Miller has been awarded an “AV” Preeminent rating by Martindale-Hubbell®. Th is rating is given to attorneys who demonstrate the highest ethical standards and professional ability.

Education

Northeastern University School of Law (JD, 1984); Harvard University (BA, 1976).

Admitted to Practice

Washington State, U.S. Supreme Court, U.S. District Court - Western District of Washington, U.S. Circuit Court of Appeals - Ninth Circuit.

Contact Info

Phone: 206 607-4176 Email: [email protected]