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Michelle L. Maley

Profile photo for Michelle L. Maley Myers
Profile photo for Michelle L. Maley Myers
Counsel

Michelle L. Maley

As part of the firm's Product Liability practice, Michelle represents some of the world's leading aerospace, large-equipment, and product manufacturers, wholesalers, and retailers in contract and product liability disputes.

Michelle Maley advises and defends a variety of additional clients across multiple industries, including consumer products, construction, forestry, and healthcare in both state and federal court.

Michelle serves clients in all stages of litigation, including through pre-litigation counseling, large-scale document review and production, written discovery, depositions, motions practice, and oral advocacy. Michelle's brief writing has clinched wins for clients in multimillion-dollar disputes, including reversal of a potentially case-ending discovery ruling in a $100-million dispute involving damage to "Big Bertha," a tunnel boring machine used for Seattle's SR-99 replacement project. As part of her alternative-dispute resolution practice, Michelle has negotiated favorable settlements for numerous clients. In all cases, Michelle prioritizes understanding her clients' needs and goals, identifying legal risks and opportunities, and, ultimately, developing a winning case strategy.

Michelle also maintains an active pro bono practice. Before the U.S. Court of Appeals for the Ninth Circuit, U.S. District Court for the Western District of Washington, and Washington state courts, Michelle has obtained favorable outcomes for asylum seekers, human trafficking survivors, and domestic violence survivors. Michelle is proud to represent Washington residents in these matters, as she herself grew up on her family's wheat farm in Eastern Washington, where she spent her summers hauling grain as a truck driver.

Education & Credentials

Education

  • Harvard Law School, J.D.
  • Washington State University, B.A.

Bar and Court Admissions

  • Washington
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the Eastern District of Washington
  • U.S. District Court for the Western District of Washington

Related Employment

  • Hon. Allison Burroughs, U.S. District Court for the District of Massachusetts, Judicial Intern, 2016
  • Perkins Coie, Seattle, WA, Summer Associate, 2015
  • Washington State Office of the Attorney General, Spokane, WA, Law Clerk, 2015
  • K&L Gates, Seattle, WA, Summer Associate, 2014

Clerkships

  • Michelle L. Maley > Clerkships, U.S. Court of Appeals for the Ninth Circuit

Impact

Professional Leadership

  • Perkins Coie Associates & Counsel Committee, Seattle Product Liability and Personal Planning Group Representative, 2023-2024
  • WSBA Rules Committee, Member, 2023-2024
  • Washington State University Honors College Advisory Board, Member

Community Involvement

  • Volunteer Judge, Emerald City Open, 2021

Professional Experience

Litigation

State Route 99 Bored Tunnel Dispute

Superior Court of Washington, King County and Thurston County
Representing major equipment manufacturer in contract and insurance coverage litigation arising out of damage to “Bertha,” the 57-foot diameter tunnel boring machine used to bore a 9,270-foot highway tunnel beneath downtown Seattle. The disputes arising out of this multibillion-dollar project, which was recognized by Engineering News-Record as the Pacific Northwest “Project of the Year,” exceed $700 million in claims and counterclaims.

Smartwings v. The Boeing Company

U.S. District Court for the Western District of Washington
Represented aviation manufacturer in litigation brought by airline customer asserting claims arising from grounding of airplane model. The case resolved favorably for the client.

Wilmington Trust Co. v. The Boeing Company

U.S. District Court for the Western District of Washington
Represented aviation manufacturer in litigation brought by airline customer asserting claims arising from grounding of airplane model. The case resolved favorably for the client.

Leonardo, S.P.A. v. The Boeing Company

U.S. District Court for the Western District of Washington
Represented aviation manufacturer in dispute with supplier of leading-edge slats. The case resolved favorably for the client.

Lorentson v. Amazon

U.S. District Court for the Western District of Washington
Obtained settlement on behalf of Amazon in dispute with purchaser of lithium-ion batteries.

McCarthy, et al. v. Amazon

U.S. District Court for the Western District of Washington
Representing Amazon in wrongful death case. Obtained complete dismissal of case on Rule 12 motion. Currently pending before the U.S. Court of Appeals for the Ninth Circuit.

Picciano v. NaphCare, Inc., et al.

U.S. District Court for the Western District of Washington
Defending healthcare services provider in case involving negligence, constitutional, and civil rights claims.

Estate of Cindy Hill v. NaphCare, Inc., et al.

U.S. District Court for the Eastern District of Washington; U.S. Court of Appeals for the Ninth Circuit
Defending healthcare services provider in case involving negligence, constitutional, and civil rights claims.

Project Stewart, LLC v. Metal Yapi A.S.

Superior Court of Washington, King County
Representing curtainwall subcontractor in pursuing claims for wrongful termination and failure to pay against contractor and owner on local Seattle construction project.

Appeals

State Route 99 Bored Tunnel Dispute

Court of Appeals for Washington, Division 1
Obtained reversal of potentially case-ending discovery ruling. Obtained discretionary review on additional insurance policy interpretation and evidence issues. On discretionary review, the appeals court adopted our client’s and other insureds’ policy interpretation and reversed the trial court’s grant of summary judgment to insurers.

Scott, et al. v. Amazon

Court of Appeals for Washington, Division 1; Washington Supreme Court
Representing Amazon in wrongful death cases. Obtained discretionary review of orders denying motions to dismiss.

Stalwart Capital, LLC v. iCap Pacific Northwest Opportunity and Income Fund, LLC, et al.

U.S. Court of Appeals for the Ninth Circuit
Represented defendants on appeal seeking to set aside jury verdict in favor of the client. The U.S. Court of Appeals for the Ninth Circuit affirmed.

Petitions for Review of Removal Orders

U.S. Court of Appeals for the Ninth Circuit
Obtained favorable outcomes on appeal for multiple clients seeking asylum in the United States.

Alternative Dispute Resolution

Wholesaler Defense

Private Arbitration (Seattle, Washington)
Obtained favorable settlement on behalf of Costco Wholesale Corporation in dispute with vendor of photo services.

Aviation Manufacturer Defense

Private Arbitration (Seattle, Washington)
Developed successful theory of causation underlying award in major supplier dispute.

Aviation Supplier Dispute

Private Mediation (Seattle, Washington)
Represented aviation manufacturer in resolving dispute arising out of aircraft parts supply contract.

COVID-19 Insurance Recovery

Private Mediation (Washington, D.C.)
Assisted in obtaining one of the world’s largest COVID-19 insurance recoveries for WorldStrides, an educational travel company that lost hundreds of millions of dollars in revenue during the pandemic.

Seattle Hotel Dispute

Private Mediation (Seattle, Washington)
Represented a Seattle-based hotel developer in resolving major claims involving hotel properties in Bellevue and Seattle’s University District.

Private Development Dispute

Private Mediation (Seattle, Washington)
Represented Seattle-based developer in seeking recovery from contractor for delay, fraud, and related claims arising out of a residential development project.

Client Counseling and Transactions

Aviation Manufacturer Counseling

Seattle, Washington
Advising aviation manufacturer regarding supply and other contracts issues.

Lumber Manufacturer Counseling

Seattle, Washington
Advised major lumber manufacturer regarding product liability issues.

Solar Farm Dispute Counseling

Encino, Texas
Advised contractor in dispute arising from damage to solar arrays following a hurricane.

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