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Averil Rothrock - Appellate Attorney - Seattle, WA

Averil Rothrock

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206-689-8121 Direct
arothrock@schwabe.com

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Professional Experience
Averil Rothrock focuses her practice on appellate law. She is responsible for the Appellate Practice Group in the firm's Seattle Office. 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 the assistant practice group leader for the firm's general litigation attorneys.

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 was 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 is a room parent at her children's school and volunteers for The Seattle Humane Society. 

Representative Appellate Decisions
Perry v. Hooker Creek Asphalt and Paving, LLC (9th Cir. 2014) (addressing pleading standards for claims under the False Claims Act against construction contractors)
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), Wash. LEXIS 559 (Wash. July 17, 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)
Roats v. Blakely Island Maint. Comm'n, Inc., 169 Wn. App. 263, 279 P.3d 943 (2012) (affirming judgment in favor of homeowner's association)
Samson v. City of Bainbridge Island, 683 F.3d 1051 (9th Cir. Wash. 2012) (involving landowner's claim for damages under 42 U.S.C.S. Section 1983)
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)
Palmer Coking Coal Company v. King County, 2010 Wash. App. LEXIS 1911 (Wash. Ct. App. August 23, 2010) (legal lot recognition)
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)
Nguyen v. Port of Seattle, 2009 Wash. App. LEXIS 129 (2009) (premises liability)
Powell v. ACA
, 146 Wn. App. 242, 191 P.3d 896 (2008) (affirming defense judgment in attorney malpractice claim)

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)
For Barclay Court Homeowners Association in Filmore v. Unit Owners Association of Centre Point Condominiums (2014) (memorandum supporting review by Supreme Court)
For MUFG Union Bank N.A. in Washington Federal v. Gentry (2013-2014) (amicus brief in Court of Appeals and memorandum supporting review by Supreme Court)

Presentations
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

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

Languages
Conversant in French

Education
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)

Articles
Going to the Top of the Jungle Gym: The Premise and Promise of Women ‘Leaning In'‎, June 1, 2013
Sally Phillips Pasette: Determined Lawyer, Mother, Jurist and Fighter, January 16, 2013
Court Changes Afoot, January 16, 2013
Have You Heard About the Responsible Corporate Officer Doctrine? , November 9, 2012
Judicial Seats Contested on August 7 Ballot, June 7, 2012
Opportunity for Women: Who Can Succeed on Your Firm's Pitch?, November 7, 2011
The Effective Amicus Curiae Brief: Making an Impact as a Friend of the Court, Vol. 13, Issue 1, January 1, 2011
Making Your Fee Award Appeal Proof, October 1, 2010
Reconsideration: The Rules and Relevant Strategies, August 1, 2010
The Year in Review: 2009's Top Cases, January 4, 2010


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