Bush, Strout & Kornfeld LLP
David Strout, Partner
VCard for David Strout
206 521-3855
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Representative Cases

Professional Malpractice Litigation David prosecuted a legal malpractice claim against his client’s former attorney and defended a coverage dispute with his client’s insurer. David negotiated a seven-figure settlement with the insurer, which included a partial assignment of the proceeds of the legal malpractice claim and the insurer’s covenant to fund the malpractice litigation. Next, he negotiated a settlement with the negligent attorney’s insurer, which then retained David to prosecute its subrogated interest and its insured’s third party legal malpractice claims against substitute counsel. Finally, David negotiated a settlement with the substitute counsel and prevailed in coverage litigation with the substitute counsel’s carrier when it denied coverage. Total recoveries exceeded $2 million.

In 2010, after trial began, David negotiated a $7.2 million settlement of a corporate client’s legal malpractice claim against its former attorneys.

Personal Injury Litigation David represented a minor and his mother in litigation against a franchisor when the minor contracted E. Coli after consuming food at one of the franchise outlets. The case involved complex medical issues including the franchisor’s legal responsibility for exacerbating a preexisting medical condition. David negotiated a seven-figure settlement of both claims.

Construction Litigation David represented a developer of a luxury high-rise, mixed-use condominium project in defending claims brought by the homeowners association and prosecuting claims against the project’s architect and certain subcontractors, resulting in a seven-figure settlement of all claims.

Commercial Litigation David represented an inventor in litigation with his former employer concerning ownership of technology the inventor created. The employer had agreed to pay a seven-figure bonus to the inventor in exchange for an assignment of the inventor’s rights in the technology, but repudiated, attempting to gain ownership of the technology through litigation. David negotiated a settlement that acknowledged the inventor’s exclusive rights to the technology, which he has since patented.

Professional Activities

  • Law Clerk to Judge Jack E. Tanner, U.S. District Court, Western District of Washington, 1979-1981
  • King County Bar Association Judicial Screening Committee, Co-Chair
  • Member, Washington State Bar Association
  • Member, King County Bar Association
  • Member, Washington State Association for Justice

Honors

  • Martindale Hubble AV-rated
  • Lead Articles Editor, Seattle University Law Review, 1978–1979
  • Author, “Unlawful Securities Transactions and Scienter: An Emasculating Requirement,” 1 Seattle University Law Review 366, 1978

Presentations

  • Washington State Bar Association: Trial Skills Training Course
  • Washington State Bar Association: Motion Practice Skills Training Course
  • National Institute for Trial Advocacy: Northwest Regional Program
  • Washington State Trial Lawyers Association: You Be The Judge

Education

  • Bachelor of Arts, Colby College, 1967
  • Juris Doctor, Seattle University, cum laude, 1979
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