Michael B. King
Michael B. King, a principal, came to the firm in 2008 with Greg Miller to join Jim Lobsenz and Jason Anderson in forming the firm'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 has presented over 150 arguments to full merits panels. He is a former partner in the firm of Lane Powell, where for ten years he co-chaired the firm'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 for every year since 2001. 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. He has held an "AV" Preeminent rating by Martindale-Hubbell since 1998. This rating is given to attorneys who demonstrate the highest ethical standards and professional ability.

Education

  • JD, University of Washington School of Law (high honors)
  • BA in Government, Harvard University (cum laude)

Bar and Court Admissions

  • State of Washington
  • U.S. Supreme Court
  • U.S. Courts of Appeal, Second Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Western District of Washington
  • U.S. District Court, Eastern District of Washington

Representative Cases

For over two decades Mr. King has successfully represented clients on a wide variety of appellate matters including:

  • Baseball Club of Tacoma v. SDL Baseball Partners, LLC, ___ Wn. App.___, ___P.3d___, 2015 WL 2086152 (2015) (anti-SLAPP)
  • Department of Labor & Industries v. Tesoro Refining & Marketing Co., LLC, ___ Wn. App.___, 347 P.3d 63 (2015) (statutory writ requirements)
  • Bunch v. Nationwide Mutual Ins. Co., 180 Wn. App. 37, 321 P.3d 266 (2014) (Priority of Action rule)
  • Barabin v. AstenJohnson, 730 F.3d 457 (9th Cir. 2014) (en banc) (Daubert expert witness requirements)
  • City of Tacoma v. City of Bonney Lake, 173 Wn.2d 584, 269 P.3d 1017 (2012) (municipal indemnification obligations)
  • Angelo Property Co. v. Hafiz, 167 Wn. App. 789, 274 P.3d 1075 (2012) (unlawful detainer)
  • Tatham v. Rogers, 170 Wn. App. 76, 283 P.3d 583 (2012) (judicial recusal)
  • Cummings v. Budget Tank Removal & Env. Servs., 163 Wn. App. 379, 260 P.3d 220 (2011) (arbitration)
  • Hyundai Motor America v. Applewhite, 50 So.3d 749 (Miss. 2011) (multiple wrongful death)
  • In re K.R.P., 160 Wn. App. 215, 247 P.3d 49 (2011) (genetic testing to determine parentage)
  • Grays Harbor Energy, LLC v. Grays Harbor County, 151 Wn. App 550, 213 P.3d 609 (2009) (characterization of power plant equipment for property tax)
  • 16th Street Investors, LLC v. Morrison, 153 Wn. App 44, 223 P.3d 513 (2009) (agreement to agree)
  • Braaten v. Saberhagen Holdings, 165 Wn.2d 373, 198 P.3d 493 (2008) (duty to warn of hazards caused by another's product)
  • Bank of America v. Prestance Corp., 160 Wn.2d 560, 160 P.3d 17 (2007) (equitable subrogation of real estate refinancing lien)
  • Foxworth ex rel. Darden v. Kia Motors Corp, 2005 WL 2888216 (11th Cir. 2005) (multiple wrongful death)
  • Hamoui v. Ashcroft, 389 F.3d 821 (9th Cir. 2004) (immigration)
  • Lund v. San Joaquin Valley R.R., 1 Cal. Rptr. 3d 412, 71 P.3d 770 (2003) (FELA)
  • Seattle v. Burlington Northern Railway Co, 145 Wn.2d 661, 43 P.3d 1169 (2002) (federal preemption of local railroad regulations)
  • Hill v. BCTI, 144 Wn.2d 172, 23 P.3d 440 (2001) (employment discrimination)
  • Glasebrook v. Mutual of Omaha, 100 Wn. App. 538, 997 P.2d 981 (2000) (health care regulations)
  • Goeble v. Fred Hutchinson Cancer Research Ctr., 100 Wn. App. 609, 1 P.3d 579 (2000) (employment discrimination)
  • Miller v. Phillips, 959 P.2d 1247 (Alaska 1998) (medical malpractice)
  • Schwindt v. Underwriters at Lloyd's of London, 81 Wn. App. 293, 914 P.2d 119 (1996) (insurance coverage)
  • Sedwick v. Gwinn, 73 Wn. App. 873, 873 P.2d 528 (1994) (fraudulent transfers)

Professional Involvement

Mr. King is a Fellow of the American Academy of Appellate Lawyers, and a founding member and past president of the Washington Appellate Lawyers Association. From 2001 through 2003, he chaired the Appellate Advocacy Committee of the Chicago-based Defense Research Institute. He has co-chaired the Appellate Practice Committee of the Federal Bar Association of the Western District of Washington, and is a member of the Amicus Committee of the Washington Defense Trial Lawyers. In 2005-2006, he served as the first chair of the Appellate Law Section of the King County Bar Association, and in 2007 he received the Section's inaugural "Golden Podium Award" for outstanding contributions to appellate practice. From 2008 through 2010, he served on the Executive Committee of the American Bar Association's Council of Appellate Lawyers.

Mr. King regularly chairs and speaks at national and local appellate practice seminars. In October 2001, he chaired the third Appellate Advocacy Seminar of DRI's Appellate Advocacy Committee, held in San Francisco, the committee's faculty included Professor Alan Morrison (co-founder of the Public Citizen Litigation Group), Mr. Michael Carver (co-counsel for George W. Bush in the Bush v. Gore litigations), and Mr. Michael Wallace (personal counsel to Majority Leader Trent Lott during the Senate trial of President Clinton). In May 2003, Mr. King moderated a mock oral argument and panel presentation at the committee's fourth Appellate Advocacy Seminar, held in Chicago; advocates argued before Judge Danny Boggs of the U.S. Court of Appeals for the Sixth Circuit, Chief Justice Shirley Abrahmson of the Wisconsin Supreme Court, and Associate Justice Alan Page of the Minnesota Supreme Court. In 2003 and again in 2006, Mr. King was one of several members of the Washington Appellate Lawyers Association who made continuing judicial education presentations at the annual conference retreat of Washington State's appellate judges and justices. In February 2005, he King was a co-presenter of the oral argument program at the Washington State Bar Association's "Master Class on Appeals" CLE, which introduced the third edition of the Washington State Bar Association's Washington Appellate Practice Deskbook (for which he also served as a co-editor). In June 2007, he was one of two advocates selected to present a mock oral argument before an audience of over 100 state court appellate judges and justices from around the United States, at the third annual Judicial Symposium of the National Foundation for Judicial Excellence, in Chicago, Illinois. In May 2009, he co-chaired the 14th Appellate Practice Institute of the American Bar Association, held at Northwestern University Law School in Chicago, Illinois, the ABA's premier appellate CLE program the API's faculty includes leading appellate practitioners and judges from around the country.

Publications

Mr. King has authored numerous articles and papers on various aspects of appellate practice, and served as a co-editor for the third edition of the Washington Appellate Practice Deskbook. For his most recent article, please see Ten Points on Preservation of Error in the March 2016 issue of For the Defense.

Professional Associations

  • American Academy of Appellate Lawyers, fellow
  • Washington Appellate Lawyers Association, founding member and past president
  • Council of Appellate Lawyers, American Bar Association (Executive Committee, 2008-2010)
  • Appellate Advocacy Committee, Defense Research Institute (chair, 2001-2003)
  • Appellate Law Section, King County Bar Association, founding member and first chair
  • Appellate Practice Committee, Federal Bar Association of the Western District of Washington, former co-chair
  • Amicus Committee, Defense Research Institute (2008-2010)
  • Amicus Committee, Washington Defense Trial Lawyers

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