Al Donohue’s current practice focuses on commercial litigation, insurance extra-contractual claims and coverage, construction defect, and product liability. He also represents clients in complex litigation involving employment, personal injury, and premises liability matters.  Al is licensed to practice in the state and federal courts of Washington and Oregon.
Before law school, Al worked for Windermere Real Estate and served with the Marine Corps in the Gulf during Operation Desert Storm.  During law school, Al worked in the unemployment and criminal law clinics, handling administrative hearings and conducting several successful criminal jury trials.  After graduating from law school, he served as a judicial clerk to the Honorable William Baker on the Washington Court of Appeals.
Mr. Donohue has successfully represented clients in complex product liability and medical device litigation; multi-million dollar construction defect claims; employment matters involving wrongful discharge, discrimination, and retaliation claims; and appellate matters concerning personal injury, asbestos, and construction defects. He has tried cases on behalf of plaintiffs and defendants concerning the Washington Product Liability Act, Washington Consumer Protection Act, breach of contract, trademark infringement, and negligence.  Recent results include:

Premises Liability

• 2011—Summary Judgment dismissing all claims against mechanical contractor at food processing plant in tri-cities arising from fall at jobsite.
• 2010—Represented tenant in subrogation lawsuit arising from commercial fire loss. On motion for summary judgment, Court dismissed the lawsuit ruling that plaintiffs did not have admissible evidence that tenant’s negligence had caused the fire.
• 2007—Summary Judgment dismissing all claims against electrical contractor at Olympic College for premises liability arising from fall.
• 2007—Summary Judgment dismissing all claims against landscape maintenance company for premises liability arising from fall into trench where alleged injuries exceeded $1 million.
• 2006—Appeal affirming Summary Judgment dismissing premises liability claims arising from fall at SeaTac Airport, Shirey v. Port of Seattle, 133 Wn. App. 1038 (2006)

Commercial Claims

• 2009—Represented Plaintiff in trademark lawsuit. Following court ruling in favor of client finding that defendant had infringed their trademarks, obtained summary judgment and $3.2 million judgment.
• 2009—Defended franchisee against lawsuit by franchisor seeking $1 million for alleged wrongful termination of franchise agreement. Obtained dismissal of suit without settlement.
• 2006—Summary Judgment dismissing all claims by Clear Channel and requiring removal of its Billboard and payment of costs.
• 2006—Favorable settlement on behalf of developer for construction defect claims involving 23 unit condominium project where alleged structural and water intrusion damages exceeded $3 million.
• 2005—Appeal affirming Summary Judgment dismissing intentional misrepresentation, negligent misrepresentation and construction defect claims arising from EIFS siding installation, review denied, Hansen v. Residential Development, Ltd., 128 Wn. App. 1066 (2005); review denied, 156 Wn.2d 1028, (2006).
• 2005—Appeal affirming Summary Judgment dismissing alleged construction defect against synthetic stucco installer, Warner v. Design and Build Homes, Inc., 128 Wn. App. 34 (2005).

Product Liability

• 2011—Defense verdict following federal jury trial in suit alleging design defect in rifle trigger mechanism.
• 2007—Dismissal of all claims against sealant manufacturing client without settlement in lawsuit alleging wrongful death from benzene exposure
• 2006—Summary judgment dismissing vicarious liability claims in wrongful death where alleged damages exceeded $750,000.

Extra Contractual and Consumer Protection Act Claims

• 2009—Represented insurance company in suit alleging violations of the Consumer Protection Act and bad faith and seeking benefits under underinsured motorist policy. The trial court dismissed the lawsuit holding that although he resided with the policy holder, the decedent was not an insured under the policy.
• 2008—Represented Plaintiffs for CPA violations and negligent misrepresentation against yacht broker for failing to disclose prior known damage to boat. Settlement during trial for full value of suit.
• 2007—Represented insurer in extra-contractual suit alleging wrongful denial of benefits. Obtained dismissal of claims without settlement.
• 2007—Purchaser of automobile alleged she was not informed that vehicle had been totaled. She brought claims against insurer for failure to disclose prior damage. Obtained summary judgment dismissing all claims–including consumer protection act claims–against automobile insurer

Trust and Estate Claims

• 2010—Represented Multiple Trusts defending claims by beneficiary seeking to undo trusts based on alleged marital-like relationship. Summary Judgment dismissing suit affirmed by Court of Appeals and petition for review denied by Supreme Court.

Employment Claims

• 2009—Represented Defendant medical clinic in wrongful termination and FMLA suit. Obtained dismissal of claims without settlement.
• 2006—Favorable settlement of wrongful discharge claims by former CEO of medical device company.

Commercial Claims

• 2009—Represented Plaintiff in trademark lawsuit.  Following court ruling in favor of client finding that defendant had infringed their trademarks, obtained summary judgment and $3.2 million judgment.
• 2009—Defended franchisee against lawsuit by franchisor seeking $1 million for alleged wrongful termination of franchise agreement.  Obtained dismissal of suit without settlement.
• 2006—Summary Judgment dismissing all claims by Clear Channel and requiring removal of its Billboard and payment of costs.
• 2006—Favorable settlement on behalf of developer for construction defect claims involving 23 unit condominium project where alleged structural and water intrusion damages exceeded $3 million.
• 2005—Appeal affirming Summary Judgment dismissing intentional misrepresentation, negligent misrepresentation and construction defect claims arising from EIFS siding installation, review denied, Hansen v. Residential Development, Ltd., 128 Wn. App. 1066 (2005); review denied, 156 Wn.2d 1028, (2006).
• 2005—Appeal affirming Summary Judgment dismissing alleged construction defect against synthetic stucco installer, Warner v. Design and Build Homes, Inc., 128 Wn. App. 34 (2005).

Education

• University of Washington, BA History/English 1999
• University of Washington, J. D. 2002 Managing Editor, Washington Law Review

Bar Admission

• Supreme Court of Washington
• Oregon Supreme Court
• US District Courts, Eastern and Western Districts of Washington
• US District Court of Oregon
• US Court of Appeals, Ninth Circuit

Professional Publications and Lectures

Al regularly presents at seminars on insurance law, legal ethics, and litigation techniques.  Recent Lectures, Seminars and Publications include:

• Insurance Law 2011—Bad Faith and the New Insurance Fair Conduct Act and Damages, National Business Institute, upcoming July 2011
• Construction Defect Litigation—Insurance Coverage and Indemnity Provisions, National Business Institute, November 2010
• The Mechanics of Washington Civil Procedure—Motions, Notices, and Hearings; and Purpose, Procedure, and Strategy for Discovery, National Business Institute, October 2009
• Real Life Resolution Strategies of Bad Faith Claims, National Business Institute, June 2009
• Ethical Issues and Considerations for Paralegals, National Business Institute, December 2008
• Effective Settlement Drafting, National Business Institute, October 2008
• Using Evidence to Build Your Case, National Business Institute, September 2008
• Ethical Considerations for Insurance Defense Counsel; and Insurance Coverage Defense Practice Update, National Business Institute, June 2008
• Ethical Considerations in Personal Injury Litigation—Defending Depositions; and Conflicts of Interest, National Business Institute, December, 2007
• Washington’s New Insurance Fair Conduct Act; and Cause of Action for Bad Faith, National Business Institute, November 2007
• Ethics, Evidence, and Experts, National Business Institute, November 2007
• Ethics for Insurance Defense Counsel—Avoiding Conflicts of Interest, National Business Institute, June 2007
• Bad Faith Practice—Elements, Trends, and Tips, National Business Institute, June 2007

Personal Interests and Activities

• Hiking, golf, model trains with son, UW basketball
• Kiwanis Club of Seattle, current board member and past president
• Franklin High School Key Club Advisor