Kenneth Hobbs Stafford Frey Cooper, PC 3100 Two Union Square 601 Union Street Seattle, WA 98101-1374 206.667.8233 Direct 206.624.6885 Fax Email: Kenneth Hobbs Ken has spent his entire legal career with Stafford Frey Cooper. During those 20 plus years, Ken's practice has evolved to meet the demands of the firm's clients, as both the specific clients he assists and their legal needs have changed. A substantial portion of Ken's current practice involves representing policyholders against insurers in claims arising from building construction. Ken is admitted to practice in both Washington and Oregon, and regularly appears in state and federal courts throughout both states. He has been the lead attorney representing both plaintiffs and defendants in more than a dozen jury trials, countless bench trials and arbitrations, and numerous appeals. Ken lives in the Magnolia neighborhood of Seattle with his wife Terri and their teenage children, Zack and Natalie. His non-work activities include travel, golf, skiing, basketball, and being a Husky and Mariners fan. Education • University of Washington, J.D. 1985 • University of Washington, B.A. 1982 • Member of Sigma Alpha Epsilon social fraternity Recent Representative Cases • Christensen Shipyards, Ltd. v. St. Paul Ins. Co., (U.S. District Court, Western District of Washington, (2006-2007). Following a week of trial but before the jury began deliberating in a bad faith and insurance coverage lawsuit, the insurance company defendant capitulated to our client's demand and settled for a confidential amount. Our client had built a luxury yacht for golfer Tiger Woods. Mr. Woods filed a lawsuit against our client alleging invasion of his privacy and misappropriation of his publicity rights. Our client had been forced to settle the Woods lawsuit due to mishandling of the defense by the client's insurer, and then sought recovery of the settlement payment and other damages against the insurer. • St. Paul Ins. Co. v. Hebert Const., Inc., (U.S. District Court, Western District of Washington, (2006-2007). Recovered more than $4.8 million for our condominium association client through a combination of jury verdict award, pre-trial and post-trial rulings, and pre-trial settlement. In an underlying construction defect lawsuit, our client settled with the condominium developer and general contractor by accepting a judgment and covenant not to execute the judgment against any assets of the developer or contractor except through an assignment of those parties' claims against their insurers. In the ensuing insurance coverage litigation, we established there was insurance coverage for the developer's liability for property damage that occurred while policies were in force, for attorney fees the developer became liable to pay pursuant to the covenant judgment, for interest that accrued, and for attorney fees our client incurred to establish the extent of coverage. The amount recovered through trial against one non-settling party was approximately $1.5 million more than the highest amount that party had offered in settlement. • McFadden & Byrne v. Dryvit Systems (U.S. District of Oregon, 2004-2005). After all claims against our EIFS manufacturer client were dismissed under the applicable statute of limitations, the homeowners re-filed the same claims when the Oregon legislature amended its product liability statute to allow for revival of previously dismissed claims. In the second case, the federal trial court first asked the Oregon Supreme Court to rule on the validity of the legislature's action under the Separation of Powers Clause of the Oregon Constitution. After the Oregon Supreme Court ruled the amendment was valid under the Oregon Constitution, the federal court ruled the legislation nonetheless violated the Due Process Clause of the U.S. Constitution. • Irving Townhouses Maintenance Assoc. v. Aspen Irving LLC (Multnomah County, OR 2003-2004). Although characterized as a "target defendant," our EIFS manufacturer client paid only $10,000 toward a global settlement of $850,000 after a hearing but before a court ruling on the client's summary judgment motion. • ESA Management v. S.D. Deacon Construction (Multnomah County, OR 2002-2003). Obtained summary judgment dismissal of a hotel owner and operator's claims against our EIFS manufacturer client. The remaining contribution claims of a co-defendant were settled for a nominal sum just prior to trial. • Bellevue Pacific Center COA v. Bellevue Pacific Tower COA (King County, WA 2003). Successful settlement of a monetary dispute between a residential homeowners association and our condominium developer client. The residential association sought several hundred thousand dollars in claimed overcharges, but instead paid $80,000 in settlement of delinquent assessments. • Horluck Transportation Company (2002). Assisted our client in successful negotiations for the sale of its private passenger ferry business to a local transit agency. • Clackamas Community College District v. Barrantine (Clackamas County, OR. 1999-2001). A community college sued its architects, three general contractors, and two EIFS manufacturers seeking $8 million damages to repair four recently completed college buildings. The case eventually involved 15 separately represented parties. After more than a year of litigation, the college settled with all parties except the two EIFS manufacturers for $4 million. After another year of litigation, including five rounds of motion practice in which most of the college's claims were dismissed, the college dropped its demand from $1.6 million and accepted nominal settlement payments from our client and the other EIFS manufacturer. Other Significant Experience • Real estate litigation and transactions involving buyers, sellers, real estate brokers, escrow agents, title insurance companies, borrowers, lenders, landlords, tenants, developers of condominiums and plats, community and condominium associations, and government agencies, addressing issues including negotiation and enforcement of contracts, leases and loan documents, misrepresentation and non-disclosure, eminent domain, land use permitting and administrative appeals, adverse possession and boundary disputes, condominium creation, management and disputes, and timeshare regulation. • Construction litigation, including defense of construction defect claims, defense of sureties, prosecution and defense of delay impact claims, and defense of workplace personal injury claims. • Defense of product liability claims (EIFS, asbestos, silica, formaldehyde, medical devices). • Prosecution and defense of claims under Washington's Consumer Protection Act. • Prosecution and defense of class action litigation. • Prosecution and defense of patent and trademark litigation. • Prosecution and defense of creditors and debtors in commercial collection and litigation related to bankruptcies. • Prosecution and defense of employment and franchise litigation. • Prosecution of personal injury and wrongful death claims (maritime, auto, medical malpractice, product liability, premises liability). • Prosecution and defense of commercial maritime litigation. • Defense of claims alleging police misconduct. • Defense of personal injury claims (premises and auto liability). • Defense of property damage claims associated with flooding. • Regulatory litigation before the Washington Utilities and Transportation Commission. Appellate Decisions • Meadow Valley Condo Owners v. Meadow Valley, LLC,137 Wn. App. 810 (2007) • St. Paul Ins. Co. v. Hebert Const., Inc., 450 F.Supp.2d 1214 (W.D. Wa. 2006) • Harris v. Suniga, 209 Or. App. 410 (2006) (amicus) • McFadden v. Dryvit Systems, Inc., 2006 WL 696653 (D. Or. 2006) • McFadden v. Dryvit Systems, Inc., 388 Or. 528 (2005) • Mayer v. Sto Industries, Inc. 156 Wn.2d. 677 (2005) • Mortimore v. FDIC, 197 F.R.D. 432 (W.D. Wa. 2000) • Adams v. Rockmeadow Equestrian Center, Inc., 94 Wn. App. 1053 (1999) • E.P. Paup Co. v. Director, OWCP, 999 F.2d 1341 (9th Cir. 1993) • Estate of Telfer v. San Juan County Commissioners, 71 Wn. App 833 (1993) • McDaniel v. City of Seattle, 65 Wn. App. 360 (1992)   • Insurance Coverage & Bad Faith • Construction Law • Appellate Litigation • Business & Commercial Litigation • Real Estate, Escrow & Title Litigation • Real Estate Transactions • Employment Law • Special Trial Counsel     Washington (1985) Alaska (1987) (currently inactive membership) Oregon (2003) U.S. District Courts (Alaska, Oregon and Western District of Washington) U.S. Court of Appeals for the Ninth Circuit