Emmelyn’s practice is primarily civil appeals in both state and federal courts. As an appellate practitioner, she handles appeals involving a variety of legal disciplines, including family law, torts, contracts, attorney fees, real property, and constitutional law. She also actively supports trial counsel in complex litigation. Emmelyn served as Acting/Associate General Counsel for a medical and recreational adult-use cannabis retailer with locations throughout the U.S.
Emmelyn has practiced before all the Washington appellate courts, the United States District Court for the Western District of Washington, the United States Court of Appeals for the Ninth Circuit, and the United States Supreme Court. Before entering private practice, she was a law clerk for the Honorable Philip A. Talmadge of the Washington State Supreme Court. Her clerkship offered valuable insight into the judicial decision-making process, which she uses to offer a unique perspective to her clients.
Emmelyn graduated from the University of Washington with a B.A. in Sociology and a concentration in Society and Justice. She received her J.D. from Seattle University School of Law, where she was a member and officer of the Moot Court Board and an invited member of the Order of Barristers. Emmelyn was named to Rising Stars by Washington Law & Politics magazine multiple times, beginning in 2002. She has also been recognized numerous times by her peers as a Washington Super Lawyer and ranked as one of the Top Women Attorneys in Washington by Seattle Met Magazine. She is an invited member of the Washington Appellate Lawyers Association. In 2006, Emmelyn was honored by the National Society Daughters of the American Revolution as the National Winner of the Outstanding Junior Contest for her vital contributions to her community.
Seattle University School of Law, Seattle, WA; Summer Practice Academy
- Intellectual Property Certificate Program, Fundamentals to Enforcement
Seattle University School of Law, Seattle, WA; Juris Doctorate; 1998
- Summer Institute in Transnational Law at Université Libre de Bruxelles, Brussels, Belgium
- Emphasis on international business, business transactions, and public laws
- Rule 9 Licensed Legal Intern
- The Order of Barristers, Invited Member
- Moot Court Board Golden Gavel Award, 2-time recipient
- Moot Court Board, Member
- Team Member of Pacific Region Champions, Mock Trial and Appellate Law Competitions
University of Washington, Seattle, WA; B.A. in Sociology with concentration in Society & Justice; 1992
- University Symphonic Band – Principal Clarinetist
- Intern, The Defender Association, King County Dep’t of Public Defender
- Interviewed and obtained witness statements for public defender’s office
ADMITTED TO PRACTICE
- Washington State Supreme Court, 1999
- U.S. District Court, Western District of Washington, 2000
- U.S. Court of Appeals for the Ninth Circuit, 2004
- U.S. Supreme Court, 2004
PROFESSIONAL MEMBERSHIPS & ACTIVITIES
- Whatcom County Bar Ass’n, 2020-present
- Washington State Association for Justice, Member, 2020-present
- Washington State Bar Association, Member, 1999 to present
- Cannabis Section, Member
- King County Bar Association, Member
- Appellate Practice Section, Member and former Executive Board member
- Kwasniewski v. Sanofi-Aventis U.S., LLC, 637 Fed. App’x 405 (9th Cir. 2016) (unpublished) (wrongful death, negligence, torts; denied interlocutory appeal of order dismissing non-diverse defendants upon finding of fraudulent joinder)
- Perez-Crisantos v. State Farm Fire and Casualty Co., 187 Wn.2d 669, 389 P.2d 476 (2017) (IFCA, direct review granted; affirmed summary judgment holding IFCA did not create independent cause of action absent any unreasonable denial of coverage or benefits)
- Eubanks v. Brown, 180 Wn.2d 590, 596 n.1, 327 P.3d 635 (2014) (sexual harassment suit; affirmed venue in nearest judicial district rather than where defendant worked because his acts were not done in virtue of his public office)
- Seattle Shrimp & Seafood Company, Inc. v. Stilno, Inc., Court of Appeals, Division I, Cause No. 68428-1-I (2013) (unpublished) (contract dispute; affirmed summary judgment dismissal of individuals in absence of personal guarantee)
- Seidel v. Harding, Court of Appeals, Division II, Cause No. 43035-5-II (2013) (unpublished) (unjust enrichment claim; reversed order awarding prejudgment interest and remanded for trial court to amend judgment)
- John F. Buchan Const., Inc. v. Austin, Court of Appeals, Division I, Cause No. 67155-3-I (2012) (unpublished) (contract dispute; reversed default judgment based on lack of personal jurisdiction)
- Espinosa v. Project Servs. Corp., Court of Appeals, Division I, Cause No. 65664-3-I (2012) (unpublished) (contract dispute; affirmed specific performance under vacant land purchase and sale agreement and award of attorney fees to purchasers, but reversed imposition of attorney fees against individual defendant).
- Moore v. Flateau, 154 Wn. App. 210, 225 P.3d 361 (2010) (decided without oral argument) (contract dispute; reversed order refusing to transfer venue to county where defendant resided).
- Payne v. Saberhagen Holdings, Inc., 147 Wn. App. 17, 190 P.3d 102 (2008) (products liability action; reversed ruling that corporate defendant was corporate successor).
- West v. Port of Olympia, 146 Wn. App. 108, 192 P.3d 926 (2008) (Public Records Act; reversed order finding deliberative process exemption applied; affirmed order imposing $60 per day penalty.
- In re Parentage of Q.A.L., 146 Wn. App. 631, 191 P.3d 934 (2008) (paternity action; remanded for appointment of GAL to make recommendations on child’s best interests; awarding attorney fees to purported father)
- Kitsap County v. Mattress Outlet/Kevin Gould, 153 Wn.2d 506, 104 P.3d 1280 (2005) (commercial speech; reversed order prohibiting use of raincoat-clad workers as offsite advertisements as unconstitutional restriction on commercial speech)
Contributing Writer, Washington Appellate Practice Deskbook, § 25, Costs. Wash. State Bar Ass’n. (3d ed. 2005 and Supp. 2011).
Co-Author, When Counsel Screws Up: The Imposition of Attorney Fees as Sanctions. 33 Seattle U. Law Rev. 437 (Winter 2010).
Co-Author, Ethical Issues Involved in Attorney Fee Agreements. Wash. State Bar Ass’n Litigation News, Vol. 23, No. 1, Spring 2009.
Contributing Writer, Survey of Washington Search and Seizure Law: 1998 Update. 22 Seattle U. Law Rev. 337 (1998). Chapter Four: Seizure of the Person: Arrests and Stop-and-Frisks.
AWARDS & RECOGNITION
- Washington Super Lawyer – Washington Super Lawyers Magazine (2014-16)
- Top Women Attorneys in Washington – Seattle Met magazine (2014-16)
- Washington Appellate Lawyers Ass’n – Invited Member (2013)
- Rising Star – Washington Law & Politics Magazine (2002, 2008)
- National Outstanding Junior – Daughters of the American Revolution (2006)
- State Outstanding Junior Member – Daughters of the American Revolution (1996, 2006)
- Chapter Outstanding Junior – Daughters of the American Revolution (1993, 1995, 2005)
SPEAKING ACTIVITIES (Not a complete list of speaking activities)
- Guest, Sirius XM Radio’s Road Dog Trucking News with Mark Willis (2013)
- Appeals: Writing, Editing
- The 2010 Environmental & Land Use Seminar, Environmental & Land Use Law Section, State and Federal Constitutional Considerations Related to Affordable Housing (2010)
- An Ounce of Prevention . . . How Acting to Preserve the Record for Appeal Can Help You Win (at Trial Too)
- Tips from Behind the Bench
- Appellate Basics, Young Lawyers Section, Tacoma/Pierce County Bar Ass’n
- Antioch University Seattle – Community & Alumni Engagement Council – Former Ex Officio Board member
- Seattle University School of Law – Alumni Ambassador & Law Alumni Board Outreach Committee
- National Society Daughters of the American Revolution – National, State, and Chapter Offices; State Executive Board Member
- French American School of Puget Sound – 2008 Annual Auction & Gala Co-Chair