Bert W. Markovich
Bert Markovich has defended his clients in more than 100 trials through verdict, obtaining favorable results in over 90%. He focuses his practice on maritime law, the defense of complex and high-stakes litigation (including class action and mass tort), and product liability litigation. He represents several manufacturers, including Atlas Copco, Coloplast, NACCO and Trident Seafoods. In more than 30 years of practice, Bert has been involved in many of the most complex and high-profile trials in the region, including obtaining a defense verdict as lead counsel in a class action trial involving a product manufacturer, and serving as lead trial counsel in high-stakes maritime and pharmaceutical cases.
A force in the courtroom
Bert tried over 10 criminal jury cases while still in law school, and his first civil trial was within 3 months of entering the practice of law. He has had an active trial practice ever since. In the last 10 to 15 years, his cases have involved complex commercial disputes, wrongful death and catastrophic personal injury. Helping maritime and manufacturing clients resolve thorny disputes is the aspect of his practice that he finds most intriguing. A varsity football player in college, Bert enjoys competition, and his trial practice allows him to continue competing in the defense of his clients.
- Achieved a defense verdict against class representatives in a lengthy class action trial involving the manufacturer of power tools. Boos v. Chicago Pneumatic.
- Represented Bayer in a product liability case involving the anti-cholesterol drug Baycol where the plaintiff sought millions of dollars in actual and punitive damages. The case settled for a very favorable amount one week before trial; if it had gone to trial, it would have been the third case tried in the Baycol litigation. Jennings v. Bayer, Corp.
- Achieved a defense verdict in a case involving the double amputation of a young child’s fingers. Wiest v. Toys "R" Us.
- Represented Wal-Mart in a four-week trial in which the plaintiff alleged she sustained complex regional pain syndrome and requested $2.4 million in damages. The jury awarded her $6,000. Hicock-Knight v. Wal-Mart Stores, Inc.
- Defended Fred Meyer in an alleged discrimination case. The plaintiff was dismissed with prejudice after three days of trial. Lee v. Fred Meyer, Inc.
- Won a defense verdict in an admiralty case filed in federal court in Tacoma, Washington. Johns v. F/V MISTY BLUE.
- Won a defense verdict in a case involving a claim of reflex sympathetic dystrophy where the plaintiff asked the jury for $1-2 million. Sanford v. Kroger, Co.
- Represented the defense in an admiralty case in which the seaman claimed he sustained a severe organic brain injury. The federal judge in Seattle ruled that the plaintiff's problems were not the result of the incident in question. Kilic v. Mattsen Fisheries.
- Achieved a defense verdict in a tort case in which a store employee dropped a large case of merchandise on the plaintiff. Benfield v. Fred Meyer, Inc.
- Won a defense verdict despite the fact that liability was admitted; the jury found no proximate cause. Buholm v. Loomis Fargo & Co.
- Achieved a defense verdict in which the plaintiff claimed a loss of eyesight as a result of a consumer product. Earle v. Toys "R" Us.
- Represented Sound Diagnostics in a case involving ultrasound equipment and a child who was born with one defective arm and no legs. Our client paid nothing while a co-defendant paid $2,000,000. Wheeler v. Sound Diagnostics.
- Represented Hyster in a case in which a near amputee claimed a product was defective; the plaintiff non-suited the case after one week of trial. O'Neal v. Hyster.
- Represented the defense in a product liability case involving a child who sustained severe burns over much of his body with over $500,000 in specials; settled for $575,000. Thrasher v. Division Sales.
- Represented the defense in a product liability case in which the plaintiff sustained burns over 80% of her body and had medical expenses over $400,000; case settled for $100,000. Dawley v. K-Mart.
Memberships & Awards
- American Bar Association
- Washington State Bar Association
- Oregon State Bar Association
- King County Bar Association
- Maritime Law Association
- International Association of Defense Counsel
- Defense Research Institute, Drug and Medical Device Section
- Washington Defense Trial Lawyers Association
- Washington Super Lawyers, Class Action/Mass Torts (2016)
Resources & Ideas
- 14 of Schwabe’s Washington attorneys recognized as being in the top 5 percent of their fieldJune 16, 2016
- August 24, 2012
- February 1, 2012
- CHOICES Education Group, Board of Directors
- Montana State UniversityBachelor of Arts degree
- University of Oregon School of LawJuris Doctor degree
Oregon State Courts
Washington State Courts
United States District Court, Western District of Washington
United States Court of Appeals, Ninth Circuit
Outside The Office
- Cycling, mountain climbing, skiing, golfing, traveling and reading—and starting each day with a cardio/weight lifting workout.