Stephen Kennedy’s practice focuses on complex litigation and dispute resolution in both state and federal courts, and appellate work before the Washington Court of Appeals, the Washington Supreme Court, and the U.S. Court of Appeals for the Ninth Circuit. He has extensive experience as a litigator and trial lawyer in a wide variety of business disputes, including commercial contracts, real estate, construction, employment, and environmental issues.
Professional Experience
- Ater Wynne, Seattle, Washington, Senior Counsel 2013 to present, Partner, 2007 to 2012; Shareholder, 1994 to 2007; Associate, 1990 to 1994
- Garvey, Schubert & Barer, Seattle, Washington, Associate, 1986 to 1990
Education
- Harvard Law School, J.D., cum laude, 1986
- University of Virginia, B.A., with High Distinction, 1982
Admitted to Practice
- Washington
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court, E.D. Washington
- U.S. District Court, W.D. Washington
Professional Activities
- American Bar Association
- Federal Bar Association
- King County Bar Association
- Washington State Bar Association
Community Activities
- Big Brothers and Big Sisters of King County (five years as a “Big Brother”)
- Junior Achievement (7-8th Grade classroom volunteer)
Representative Matters
- Habeas Corpus action brought under the Indian Civil Rights Act (25 U.S.C. § 1303), seeking judgment overturning banishment of members of Indian tribe, for lack of due process. Final judgment in favor of our clients, the Petitioners; finding that their civil rights were violated in the banishment proceedings. Bill Sweet, et al., (Petitioners) v. Maryanne Hinzmann, et al. (Respondents), United States District Court for the Western District of Washington, Case No. C08-844 JLR
- Obtained a defense judgment, after trial, in favor of a large industrial plant in connection with a wrongful discharge claim brought by a former employee who had been fired after being accused of misconduct. Barker v. Advanced Silicon Materials, Superior Court of the State of Washington, for Grant County, Case No. 02-2-00262-1
- Secured a summary judgment dismissal, before trial, of all wrongful death claims brought by relatives of a worker killed in a tragic chemical accident at the same plant. Garibay, et al. v. Advanced Silicon Materials, Superior Court of the State of Washington, for Grant County, Case No. 01-2-01085-5
- On behalf of the Government of Mexico, recovered several hundred valuable artifacts that had been illegally smuggled out of the country. United States v. 934 Pieces of Pre Columbian Artifacts, et al., United States District Court for the Western District of Washington, Case No. C97-1609R
- Brought a successful action for declaratory judgment to terminate a land development project that had been stalled for several years due to the other party’s inaction. Woolley v. Zongas, Superior Court of the State of Washington, for Pierce County, Case No. 01-2-06480-6
- On behalf of a Seattle hotel developer, obtained a seven-figure settlement from a drywall contractor for substandard work. Superior Court of the State of Washington, for King County, Case No. 02-2-20764-2SEA
- Represented a major trust company in its role as successor trustee in a class action case involving a fraudulent and illegal $20 million municipal bond transaction. Trimble v. Holmes Harbor Sewer District, Superior Court of the State of Washington, for Island County, Case No. 01-2-00751-8
- Successfully defended Bank of America, N.A. in contribution action under Washington’s Model Toxics Control Act, relating to retail shopping center in downtown Seattle; obtained dismissal of all claims before trial, and an award of the Bank’s attorneys’ fees and expenses incurred in defending the claim. Pine Street Development, L.L.C. v. Marshall Field Stores, et al., Superior Court of the State of Washington, for King County, Case No. 97-2-24745-4 SEA
- Successfully argued that the Washington Utilities and Transportation Commission lacked statutory authority to implement a “community calling fund” program designed to benefit certain groups of telephone customers at the expense of others. Washington Independent Telephone Association v. Telecommunications Ratepayers Association for Cost-Based and Equitable Rates, 75 Wn. App. 356 (1994)
- Successfully defeated a $500,000 corporate successor and fraudulent transfer claim brought against an equipment manufacturer. Godoy, et al. v. Ryco, Inc., et al., United States District Court for the Western District of Washington, Case No. C94-557C
- Successfully defeated a $160 million “loss of the company” claim asserted against a major Norwegian equipment manufacturer. Kemp Pacific Fisheries, Inc. v. Kværner Eureka A/S, United States District Court for the Western District of Washington, Case No. C91-1650Z
- Represented Pedersen Oil, Inc. in connection with environmental claim arising out of service station operations. Obtained dismissal of all claims at the close of plaintiffs’ case during trial, and an award of Pedersen’s attorneys’ fees and costs incurred in defending the claim. Alyea v. ESE Corporation and Pedersen Oil, Inc., United States Bankruptcy Court for the Western District of Washington, Bankruptcy Case No. 92-07433, Adversary Proceeding No. A94-09497
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