Insurance Coverage

Doe v. Insurance Company – Kelly brought suit against a specialty environmental insurance carrier to obtain coverage for several large-scale class actions brought against a Puget Sound composting company, obtaining a highly favorable confidential settlement that included payment of all remaining policy limits and the firm’s attorney’s fees and costs.

Telecommunications Carrier v. Insurance Company – Kelly brought suit against a specialty professional liability provider to obtain coverage and indemnity for an eight-figure regulatory fine imposed by the FCC. Obtained a very favorable confidential settlement.

G.W. Williams v. Cascade Roof & Gutter – Kelly represented a commercial general liability insurer in connection with coverage and bad faith claims arising out of an underlying seven-figure judgment, obtaining a confidential settlement for a fraction of the total claim.

Personal Injury

Doe v. Medical Device Manufacturer – Kelly served as local counsel for an international medical device manufacturer in a high-stakes infant wrongful death suit. Kelly took depositions, drafted motions, and prepared trial materials that enabled the client to settle matter favorably less than one month before trial.

Hauge v. Ash Grove Cement Co., et al. – Kelly was part of the trial team in a lawsuit brought by a worker who had been “buried alive” in industrial accident at a Seattle cement plant. Kelly drafted motions and trial materials that enabled the client to reach a favorable settlement on the eve of anticipated five-week trial.

M.E. v. National Daycare Chain – Kelly represented a chain of national daycare centers in connection with claims brought by the parents of a minor plaintiff alleging permanent scarring injuries as a result of injuries the child suffered at the center, resulting in a favorable confidential settlement.

Product Liability

Burke v. Jefferson Healthcare et al. – In the fall of 2019, Kelly served as lead trial counsel for an international medical device manufacturer over the course of a seven-week trial in Kitsap County, Washington. The firm’s client was dismissed on a motion for directed verdict at the close of evidence. The plaintiffs went on to recover in excess of $23 million against the remaining defendant.

Doe v. Medical Device Manufacturer – Kelly served as local counsel for an international medical device manufacturer in a high-stakes infant wrongful death suit. Kelly took depositions, drafted motions, and prepared trial materials that enabled the client to settle matter favorably less than one month before trial.

Godfrey v. Ste. Michelle Wine Estates Ltd. et al. – Kelly was part of a trial team that successfully defended product liability action in Washington state court, resulting in a complete defense verdict after a four-week trial.

Mowry v. Greenshields Industrial Supply et al. – Kelly defended a manufacturer of high-strength industrial slings from claims by an injured worker that suffered a severe crush injury. Kelly’s vigorous pursuit of a misuse defense enabled the manufacturer to obtain an extremely favorable confidential settlement.

Professional Liability

Wuth v. Laboratory Corp. of America, et al. – Kelly was part of trial team that defended a unique and controversial “wrongful life” action in King County Superior Court over an eight week trial in the fall of 2013.

Real Estate & Environmental Litigation

Merriman v. Winners 3, LLC, et al. – Kelly obtained summary judgment dismissal of a premises liability action involving allegations of permanent disability. The third-party indemnification claim against Kelly’s client was dismissed with prejudice and the client was awarded its attorneys’ fees and costs incurred in defending the entire matter.

Other

Public Records Act

Utility Contractor v. Mason County PUD No. 3, et al. – Kelly brought suit on behalf of public utility contractor seeking to enjoin the release of proprietary and confidential bid on Automated Metering Infrastructure contract under the Washington Public Records Act. Kelly obtained a temporary restraining order and negotiated the complete withdrawal of records request on expedited basis.

Top ESI Mistakes in Mass Tort Disputes, Thompson Reuters Law & Forensics Webinar, September 14, 2017

Legal News: Data Breaches Pressure Companies to Protect Personal Information, Puget Sound Business Journal, August 23, 2013 (co-authored with Todd Williams)

Ninth Circuit Case Law Update, Eastern District of Washington Federal Bar CLE, Richland, Washington, May 11, 2012

Staying Neutral: How Washington State Courts Should Approach Negligent Supervision Claims Against Religious Organizations, Washington Law Review, August 2010

Leavenworth Bouldering, Sharp End Books, 2014

Der Klettergarten: A Northwest Bouldering Renaissance in Leavenworth, Washington, Climbing Magazine, October 2009

Central Washington Bouldering: Leavenworth and Gold Bar, Sharp End Books, 2007