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.
Steve has also handled a variety of telecommunications-related matters before the Washington Utilities and Transportation Commission, and the appeal or defense of administrative agency rulings in subsequent judicial proceedings, including the Washington Supreme Court.
Professional Experience
- Ater Wynne, Seattle, Washington, Shareholder-in-Charge, 2007 to present; Shareholder, 1994 to present; 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, 1986
- U.S. Court of Appeals for the Ninth Circuit, 1989
- U.S. District Court, W.D. Washington, 1986
- U.S. District Court, E.D. Washington, 1992
Professional Activities
- American Bar Association, Committee on Environmental Litigation; Committee of Litigation Management and Economics; Committee on Trial Practice; Forum on Communications Law
- Federal Bar Association
- Washington State Bar Association
- King County Bar Association, Professionalism Committee
Community Activities
- Big Brothers and Big Sisters of King County (five years as a “Big Brother”)
- Junior Achievement (7-8th Grade classroom volunteer)
- St. Joseph School Parents Association (board member)
Representative Matters
- 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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