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Anne Ellington

Hon. Anne L. Ellington (Ret.)

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Michelle Nemeth
T: 206-292-0441
F: 206-292-9082
1420 Fifth Ave. , Suite 1650 , Seattle , WA 98101

Judge Anne L. Ellington (Ret.) served on the Washington State Court of Appeals (Division One) from May of 1995 until November of 2012, after almost 11 years on the King County Superior Court. She tried hundreds of cases and authored hundreds of opinions. She has also served as a Pro Tem Justice on the State Supreme Court.

She has been a frequent speaker on topics including trial and appellate practice, employment, tort, and contract law. She was also instrumental in improving access to justice, both as Presiding Judge of the Superior Court and as a member of the Access to Justice. Judge Ellington has a stellar reputation for being an exceptional listener and for her fairness.

ADR Experience and Qualifications

  • Conducted dozens of judicial settlement conferences while on the superior court bench
  • In private practice handled employment, family law, and personal injury matters
  • Has received numerous awards during her judicial career, including Judge of the Year from the National Association of Women Lawyers and Outstanding Judge by the King County Bar Association as well as Washington Women Lawyers and the Washington State Trial Lawyers Association

Representative Matters

  • Business and Commercial Disputes
    • Mediated matter involving dispute between partners of an IT company
    • Dixon v. Crawford, McGilliard, Peterson & Yelish, 163 Wash.App. 912, 262 P.3d 108, 2011, valuation of law partnership
    • State v. R.J. Reynolds Tobacco Co., 151 Wash.App. 775, 211 P.3d 448, 2009, whether Rolling Stone ad violated master settlement agreement
    • U.S. Oil & Refining Co. v. Lee & Eastes Tank Lines, Inc., 104 Wash.App. 823, 16 P.3d 1278, 2001, indemnification under loan receipt agreement
    • Hearst Communications, Inc. v. Seattle Times Co., 120 Wash.App. 784, 86 P.3d 1194, 2004, interpretation of Joint Operating Agreement
    • Architechtonics Const. Management, Inc. v. Khorram, 111 Wash.App. 725, 45 P.3d 1142, 2002, discovery rule applies to contract disputes, subject to statute of repose in construction cases
    • 1000 Virginia L.P. v. Vertecs, 127 Wash.App 899, 112 P.3d 1276, 2005, recognizing legislative rejection of discovery rule for construction contracts
    • Williamson, Inc. v. Calibre Homes, Inc., 106 Wash.App. 558, 23 P.3d 1118, 2001, breach of contract
    • In private practice and on the trial court bench handled many business and contract matters
  • Class Actions
    • Sitton v. State Farm Mut. Auto. Ins. Co., 116 Wash.App. 245, 63 P.3d 198, 2003; class action procedure
    • While on the bench heard contentious matter involving class action brought by private community members over views blocked by trees
  • Construction Disputes
    • 1000 Virginia L.P. v. Vertecs Corp., 127 Wash.App. 899, 112 P.3d 1276, 2005, construction defects
    • Park Avenue Condominium Owners Ass'n v. Buchan Developments, L.L.C., 117 Wash.App. 369, 71 P.3d 692, 2003, implied warranties and disclaimers, construction defects
  • Employment
    • Mediated employment matters involving issues such as age discrimination, hostile work environment, failure to accommodate disability, constructive discharge and negligent infliction of emotional distress
    • Mediated wage and commission issues, entitlement to bonus
    • Mediated Fair Labor Standards Act (FLSA) case
    • Mediated employment matters involving state and city entities
    • Awana v. Port of Seattle, 121 Wash.App. 429, 89 P.3d 291, 2004, wrongful discharge in violation of public policy
    • Robinson v. City of Seattle, 102 Wash.App. 795, 10 P.3d 452, 2000, city preemployment drug test policy
    • While in private practice specialized in employment matters. Heard many of these matters on the trial court.
  • Estates/Trusts
    • While on the bench heard cases involving estates, including will challenges and trust disputes
  • Family Law
    • Mediated matters involving parenting issues, including for same sex parents of a teenager
    • In re Marriage of Stewart, 133 Wash.App. 545, 137 P.3d 25, 2006, protective order under chapter 26.50 RCW
    • Fox v. Fox, 87 Wash.App. 782, 942 P.2d 1084, 1997, family law: sale of medical practice
    • Heard trials and conducted settlement conferences in many family law matters
    • In private practice handled family law matter
  • Government/Public Agencies
    • Mediated matters including cases involving Public Records Act and the Fair Labor Standards Act (FLSA)
  • Insurance
    • Mediated Insurance Fair Conduct Act (IFCA) claims against insurance company
    • Mediated matter involving coverage for a surgery
    • Ledcor Industries v. Mutual of Enumclaw, 150 Wash.App. 1, 206 P.3d 1255, 2009, violation of duty to investigate and defend
    • American States Ins. Co. v. Bolin, 122 Wash.App. 717, 94 P.3d 1010, 2004, snowmobile exclusion from UIM coverage
    • Griffin v. Allstate Ins. Co., 108 Wash.App. 133, 29 P.3d 777, 2001, duty to defend
  • Personal Injury/Torts
    • Mediated matter involving premises liability at a restaurant
    • Mediated case regarding injuries obtained in a ski slope collision
    • Rollins v. King County Metro Transit, 148 Wash.App. 370, 199 P.3d 499, 2009, injuries by unknown assailants on bus
    • Borromeo v. Shea, 138 Wash.App. 290, 156 P.3d 946, 2007, bicyclist v. driver
    • Pudmaroff v. Allen, 89 Wash.App. 928, 951 P.2d 335, 1998, bicyclist in crosswalk
    • While on the trial court bench heard many matters involving torts, products liability, and medical malpractice
  • Real Estate
    • Mediated dispute between neighbors regarding boundary lines, HOA disputes, and easement issues regarding an abandoned railway line
    • While in private practice and on the trial court handled many real estate cases
  • Other
    • Paul v. All Alaskan Seafoods, Inc., 106 Wash.App. 406, 24 P.3d 447, 2001, maritime law preemption
    • Olympic Pipeline Co., 104 Wash.App. 338, 16 P.3d 45, 2000, discovery where principals are subject to criminal investigation
    • Chuckanut Conservancy v. Washington State Dept. of Natural Resources, sh.App. 274, 232 P.3d 1154, 2010, challenge to DNS for recreation in Blanchard Forest
  • Charles A. Goldmark Distinguished Service Award, 2013
  • Judicial Leadership Award, Access to Justice Board, 2006
  • White Ribbon Award, Citizens for People with Disabilities, 2006
  • UW Law School Law Women’s Caucus Distinguished Alumna Award, 2006
  • Judge of the Year, National Association of Women Lawyers, 2003
  • UW Law School Alumni Recognition Award, 1999
  • Outstanding Judge, King County Bar Association, 1994
  • Outstanding Judge, Washington Women Lawyers, 1994
  • Judge of the Year, Washington State Trial Lawyers Association, 1992
  • Publication: “In Washington State, Open Courts Jurisprudence Consists Mainly of Open Questions,” (co-authored with Jeannine Lutzenheiser) Washington Law Review Vol 88 No.2, June 2013
  • Adjunct Faculty, Appellate Practice, University of Washington School of Law, 2012-2013
  • Judge, Washington State Court of Appeals, 1995-2012
  • Elected Presiding Judge, King County Superior Court, 1994-1995
  • Judge, King County Superior Court, 1984-1995
  • Founding Partner, Ellington and Johansen, 1978-1984
  • Assistant Attorney General, Washington State, 1975-1978
  • Clerk, Justice Orris Hamilton, Washington State Supreme Court, 1974-1975
  • J.D., University of Washington, 1974
  • B.A. in English, University of Colorado (Boulder), 1969

Counsel Comments

    “Judge Ellington is smart, thoughtful and genuinely open-minded.”
    -Washington State attorney

    “[She has the..] ability to see underneath or through the rhetoric to what was actually going on between the parties…”
    -Washington State attorney

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    Specialties

    • Appellate
    • Arbitration
    • Business/Commercial
    • Civil Rights
    • Class Action/Mass Torts
    • Employment
    • Governmental/Public Agency
    • Insurance
    • Personal Injury/Torts
    • Professional Liability
    • Real Property
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