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Averil Rothrock - Appellate Attorney - Seattle, WA

Averil Rothrock


206-689-8121 Direct

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Professional Experience
Averil Rothrock focuses her practice on appellate law. She provides excellent client service in all aspects of appellate practice, including motion practice, appellate brief writing and oral advocacy. She assists trial lawyers to position their case for appeal. She also enjoys assisting clients to appear in appellate proceedings as friends of the court through amicus curiae briefing. Additionally, Ms. Rothrock serves as a practice group leader for the firm's general litigation attorneys and oversees appellate practice in the firm's Seattle office.

Ms. Rothrock's trial litigation background strengthens her appellate advocacy. As a commercial litigation associate at the firm, she represented financial institutions, creditors, small businesses, homeowners associations, manufacturers, employers and individuals, counseling them on the litigation process and appropriate strategies. Ms. Rothrock has a broad range of experience in litigation, including arbitrations, mediations, dispositive motions, trials, and appeals.

Professional & Community Activities

Ms. Rothrock served as chair of the Appellate Section of the King County Bar Association in 2012-2013 and continues as a member of this group. She also is a member of the Federal Bar Association and the Washington State Bar Association. Ms. Rothrock performs pro bono legal work for Grandmothers Against Gun Violence and the ACLU of Washington. Prior to this service, she served as a volunteer attorney with Volunteer Advocates for Immigrant Justice. Ms. Rothrock is a room parent at her children's school and volunteers for the Seattle Humane Society.

Representative Appellate Decisions
Piris v. Kitching, 186 Wn.App.265, 345 P.3d13 (2015) (affirming summary judgment based on application of Washington's "actual innocence" requirement) (review pending)
Outsource Services Management, LLC v. Nooksack Business Corp., 181 Wn. 2d. 272, 333 P. 3d 380 (2014) (challenging subject matter jurisdiction in contract dispute involving Indian tribe)
FutureSelect Portfolio Mgmt., Inc. v. Tremont Grp. Holdings, Inc., 180 Wn.2d 954, 331 P.3d 29 (2014) (challenging choice of law issues in security dispute with named foreign defendants)
Kelly v. Allianz, 178 Wn. App. 395, 314 P.3d 755 (2013) (affirming summary judgment in annuity contract dispute)
Digitalis Educ. Solutions, Inc. v. United States, 664 F.3d 1380 (Fed. Cir. 2012) (involving challenge to government contract bid award)
Unruh v. Cacchiotti, 172 Wn.2d 98, 257 P.3d 631 (2011) (involving complex statute of limitations and statute of repose issues)
Knight v. City of Yelm, 173 Wn.2d 325, 267 P.3d 973 (2011) (Land Use Petition Act (LUPA) appeal involving standing issues)
Woodall v. Avalon Care Ctr. - Fed. Way, 155 Wn. App. 919; 231 P.3d 1252 (2010) (involving arbitrability issues)
Freestone Capital Partners, LP v. MKA Real Estate Opportunity Fund I, LLC, 155 Wn. App. 643, 230 P.3d 625 (2010) (overturning and remanding $25 million judgment based on choice of law issues)
Amy v. Kmart of Wash., LLC, 153 Wn. App. 846, 223 P.3d 1247, 2009 Wash. App. LEXIS 3162 (2009) (unpublished portion reversing trial court's grant of a new trial)
Vancouver Radiologists, P.C. v. The Vancouver Clinic, Inc., P.S
., 2009 Wash. App. LEXIS 909 (2009) (achieving dismissal of Consumer Protection Act claims for mootness)

Recent Amicus Curiae Filings in Washington Courts
For the Washington Public Ports Association in Filo Foods v. City of SeaTac, (2014) (amicus briefs in Superior and Supreme Courts). Reported decision at 183 Wn.2d 770 (2015).
For Barclay Court Homeowners Association in Filmore v. Unit Owners Association of Centre Point Condominiums (2014) (memorandum supporting review and amicus brief to Supreme Court). Reported decision at 184 Wn.2d 170 (2015).
For MUFG Union Bank N.A. in Washington Federal v. Harvey (2013-2014) (amicus brief in Court of Appeals and memorandum supporting review by Supreme Court). Reported decision at 182 Wn.2d 335 (2015).

Speaker, Seattle University School of Law CLE, "Appeals in Washington: Judges & Lawyers in Conversation," April 2015. Speaking topic: ethics
Speaker, OSB/WBS CLE, "Any Port in a Storm: Stays of Agency Orders Pending Judicial Review," pages 203-258, September 2014
Speaker and Co-Chair, WSBA CLE, "Washington Civil Procedure: Let's Do It Right! How to Navigate Washington's Civil Rules for Your Client's Benefit", May 2010
Speaking topic: "Concluding Your Case: Post-Trial Motions That Hold Water"

Admitted to Practice
Washington State Courts
United States District Court, Eastern District of Washington
United States District Court, Western District of Washington
United States Court of Appeals, Ninth Circuit
Court of Appeals, Federal Circuit
United States Court of Federal Claims


Co-Author, Washington Real Property Deskbook, Reformation, Rescission and Lost Instruments (WSBA 3rd ed. 1997).
Author, "Oregon's Goal Five: Is Ecologically Sustainable Development Reflected?" 31 Willamette L. Rev. 449 (1995).

Conversant in French

Personal Activities
Ms. Rothrock enjoys adventurous travel with her husband and two teenagers, recently having sailed the Cyclades, Greece, and explored amazing National Parks including Arches, Zion, Bryce, Grand Canyon North Rim, and Canyonlands. She likes to catch fat bass on a small lake in Pennsylvania, but will settle for skinny pickerel. A native Seattleite, she enjoys skiing locally (when there is snow) and relaxing at home in the Madrona neighborhood with her family and pets. Recent law biographies she has enjoyed include My Beloved World authored by Justice Sotomayor and Becoming Justice Blackmun.

Willamette University College of Law, Juris Doctor degree, cum laude (1994); Associate Editor, Willamette Law Review
Colorado College, Bachelor of Arts degree, cum laude (1991)

Sanctions for Sexist Remarks, NWLawyer, March 1, 2016
Supersedeas Motion Practice: It's Not Super Difficult, KCBA Bar Bulletin, May 7, 2015
Going to the Top of the Jungle Gym: The Premise and Promise of Women ‘Leaning In'‎, KCBA Bar Bulletin, June 1, 2013
Sally Phillips Pasette: Determined Lawyer, Mother, Jurist and Fighter, KCBA Bar Bulletin, January 16, 2013
Court Changes Afoot, KCBA Bar Bulletin, January 16, 2013
Have You Heard About the Responsible Corporate Officer Doctrine?, WSBA Bar News, November 9, 2012
Judicial Seats Contested on August 7 Ballot, KCBA Bar Bulletin, June 7, 2012
Opportunity for Women: Who Can Succeed on Your Firm's Pitch?, KCBA Bar Bulletin, November 7, 2011
Making Your Fee Award Appeal Proof, KCBA Bar Bulletin, October 1, 2010
Reconsideration: The Rules and Relevant Strategies, KCBA Bar Bulletin, August 1, 2010
The Year in Review: 2009's Top Cases, KCBA Bar Bulletin, January 4, 2010

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