Kevin Baumgardner

Kevin is one of the founding partners of Corr Cronin. He was formerly the Chair of Bogle & Gates’ Product Liability/Personal Injury Practice Group, and was a member of that firm’s Executive Committee. Kevin has been named a “Super Lawyer” by Washington Law & Politics magazine numerous times, has been designated one of Seattle’s “Top Lawyers” by Seattle Magazine and has been recognized as a Seattle “Litigation Star” by Benchmark, America’s Leading Litigation Firms and Attorneys. Kevin is also included in the 2009 edition of The Best Lawyers in America and in the 2nd edition Guide to the World’s Leading Product Liability Lawyers.

Kevin has tried cases in the state and federal courts of Washington and Alaska, and has appeared before an international sports law tribunal in Lausanne, Switzerland. He has also handled labor arbitrations, administrative trials, and civil case arbitrations. Kevin has represented dozens of Fortune 500 companies in complex litigation. Among the many individuals he has represented are a Nobel Prize winner and an Olympic medalist, both in matters concerning their professional standing. His broad-ranging litigation practice focuses on product liability, labor and employment, commercial, toxic tort and personal injury cases, as well as international sports law and the defense of alleged whistleblower litigation.

Featured Cases

Tamosaitis v. Bechtel National, Inc. – Successful defense of federal administrative and state court proceedings relating to “whistleblower” allegations against Hanford contractor. All claims either dismissed voluntarily or by a judge on summary judgment, with contested dismissal affirmed by Washington Court of Appeals.

Kirby v. Allergan – Successful defense of claim alleging violation of the ADA. Defense verdict.

In re: Asbestos Litigation – Partner in charge for diverse group of defendants in Washington State asbestos cases. Obtained numerous summary judgments and negotiated favorable settlements.

In re: Le Samurai – Defense of an Olympic medalist athlete against disciplinary charges; hearing before Federation Equestre Internationale tribunal in Lausanne, Switzerland.

More Representative Cases

Aviation Law

Airline Industry “Whistleblower” cases – Mr. Baumgardner has successfully defended multiple claims brought by ex-airline employees under federal and state whistleblower provisions. In Smith v. Alaska, a case brought in King County (Washington) Superior Court, Mr. Baumgardner obtained summary judgment in favor of the airline in March, 2004.

Bradford, et al. v. Alaska Airlines, Inc., et al. – Defense of airline against alleged “air quality” case brought by group of twenty-six flight attendants. Claims in excess of $2 million. Also successfully defended related grievance arbitration.

KAL Litigation – Defense of major airline operator against multifarious claims brought in connection with DC-10 crash at Anchorage International Airport. Claims in excess of $20 million; multi-week jury trial (on cargo claims) resulting in defense verdict.

Business Litigation

Palmer G. Lewis, et al. v. ARCO Chemical Company – Defense of implied indemnity claim regarding flammability characteristics of polystyrene beads used in rigid foam insulation, arising from school fire in Barrow, Alaska. Claims in excess of $3 million; plaintiff agreed to dismiss claim and take nothing after fact and expert deposition discovery by ARCO Chemical team headed by Mr. Baumgardner.

Seattle P-I v. Seattle Times

Class Action/Mass Tort

Jugum, et al. v. Blue Bird Body Company, et al. – Defense of multi-plaintiff case involving claims of “multiple chemical sensitivities” allegedly associated with diesel school buses. Claims in excess of $10 million; plaintiffs agreed to settlement highly favorable to defense in face of Daubert “junk science” summary judgment motion.

Anfinson v. FedEx Ground

 

Employment Law

Tamosaitis v. Bechtel National, Inc.

Busche v. Bechtel National, Inc.

Insurance Coverage Litigation

In re M/V ST. PATRICK – Defense of bad faith/malpractice claims arising from maritime disaster resulting in nine deaths and severe injuries. Claims in excess of $13 million. Multi-week jury trial resulted in finding of 65% comparative negligence in bad faith claim.

Personal Injury

In re M/V ST. PATRICK – Defense of bad faith/malpractice claims arising from maritime disaster resulting in nine deaths and severe injuries. Claims in excess of $13 million. Multi-week jury trial resulted in finding of 65% comparative negligence in bad faith claim.

Jugum, et al. v. Blue Bird Body Company, et al. – Defense of multi-plaintiff case involving claims of “multiple chemical sensitivities” allegedly associated with diesel school buses. Claims in excess of $10 million; plaintiffs agreed to settlement highly favorable to defense in face of Daubert “junk science” summary judgment motion.

Bradford, et al. v. Alaska Airlines, Inc., et al. – Defense of airline against alleged “air quality” case brought by group of twenty-six flight attendants. Claims in excess of $2 million. Also successfully defended related grievance arbitration.

In re: Asbestos Litigation – Partner in charge for diverse group of defendants in Washington State asbestos cases. Obtained numerous summary judgments and negotiated favorable settlements.

Ashurst v. Schwartz, et al. – Defense of construction contractor and employee, who was exiting company work site in his pickup truck when he collided with a motorcycle driven by a Seattle police officer. Police officer, who was severely injured in the crash, brought claims in excess of $1.2 million. Multi-week arbitration resulted in finding of 75% contributory negligence and judgment highly favorable to defense.

Products Liability

In re M/V ST. PATRICK – Defense of bad faith/malpractice claims arising from maritime disaster resulting in nine deaths and severe injuries. Claims in excess of $13 million. Multi-week jury trial resulted in finding of 65% comparative negligence in bad faith claim.

In re: Asbestos Litigation – Partner in charge for diverse group of defendants in Washington State asbestos cases. Obtained numerous summary judgments and negotiated favorable settlements.

Palmer G. Lewis, et al. v. ARCO Chemical Company – Defense of implied indemnity claim regarding flammability characteristics of polystyrene beads used in rigid foam insulation, arising from school fire in Barrow, Alaska. Claims in excess of $3 million; plaintiff agreed to dismiss claim and take nothing after fact and expert deposition discovery by ARCO Chemical team headed by Mr. Baumgardner.

Pollock v. Fisons Corporation – Defense of pharmaceutical manufacturer in product liability action brought by parents of severely brain damaged child and treating physician stemming from an overdose of a prescription medication used in the treatment of severe asthma. Claims in excess of $20 million; multi-week jury trial.

Professional Liability

In re: Le Samurai – Defense of an Olympic medalist athlete against disciplinary charges; hearing before Federation Equestre Internationale tribunal in Lausanne, Switzerland.

Real Estate & Environmental Litigation

Jugum, et al. v. Blue Bird Body Company, et al. – Defense of multi-plaintiff case involving claims of “multiple chemical sensitivities” allegedly associated with diesel school buses. Claims in excess of $10 million; plaintiffs agreed to settlement highly favorable to defense in face of Daubert “junk science” summary judgment motion.

Bradford, et al. v. Alaska Airlines, Inc., et al. – Defense of airline against alleged “air quality” case brought by group of twenty-six flight attendants. Claims in excess of $2 million. Also successfully defended related grievance arbitration.

Bedrossian, et al. v. Stipek – Representation of individual investors in plaintiffs’ securities/real estate fraud action, with accompanying infliction of emotional distress claims. Multi-week trial garnered judgment of nearly $1 million.

Securities Litigation

Bedrossian, et al. v. Stipek – Representation of individual investors in plaintiffs’ securities/real estate fraud action, with accompanying infliction of emotional distress claims. Multi-week trial garnered judgment of nearly $1 million.

Other

Defense of “Whistleblower” Claims

Tamosaitis v. Bechtel National, Inc. – Successful defense of federal administrative and state court proceedings relating to “whistleblower” allegations against Hanford contractor. All claims either dismissed voluntarily or by a judge on summary judgment, with contested dismissal affirmed by Washington Court of Appeals.

Busche v. Bechtel National, Inc.

Airline Industry “Whistleblower” cases – Mr. Baumgardner has successfully defended multiple claims brought by ex-airline employees under federal and state whistleblower provisions. In Smith v. Alaska, a case brought in King County (Washington) Superior Court, Mr. Baumgardner obtained summary judgment in favor of the airline in March, 2004.

Sports Law

In re: Le Samurai – Defense of an Olympic medalist athlete against disciplinary charges; hearing before Federation Equestre Internationale tribunal in Lausanne, Switzerland.

Education / Background
J.D., Columbia University School of Law

B.A., with high honors, English, Michigan State University

Bogle & Gates, 1984-1999

Professional Associations
Washington State Bar Association, Trial Practice Section

Seattle-King County Bar Association

American Bar Association, Litigation Section

Network of Trial Law Firms

Federal Bar Association, W.D. WA

President, United States Eventing Association (Olympic equestrian sport)

1001 Fourth Avenue, Suite 3900
Seattle, WA 98154

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