David W. Howenstine
Attorney
howenstined@lanepowell.com
206.223.7035
Areas of Practice
David Howenstine focuses his practice on aviation, tort defense, insurance coverage, products
liability and general commercial disputes. David regularly defends aviation clients in state
and federal court in cases alleging negligence, wrongful death, premises liability and disability
discrimination. He also routinely analyzes complex insurance coverage issues and represents parties
in state and federal court in cases involving coverage disputes and bad faith claims handling.
As a Law Clerk for two district court judges in federal courts and through a clerkship in the Ninth
Circuit Court of Appeals, David handled dozens of ERISA and non-ERISA life, health and disability
cases. His experience is invaluable when assessing and litigating life, health and disability matters.
Professional Experience
Mills Meyers Swartling, Attorney (2010-2014)
U.S. District Court for the Western District of Washington, Law Clerk to the Honorable James L. Robart (2008-2010)
U.S. Bankruptcy Court for the Central District of California, Law Clerk to the Honorable Ernest M. Robles (2007-2008)
Admitted to Practice
Washington
California (inactive)
U.S. District Court, Eastern District of Washington
U.S. District Court, Western District of Washington
Ninth Circuit Court of Appeals
Academics
University of Washington (J.D., with high honors, 2007)
Washington Law Review, Executive Notes and Comments Editor (2006, 2007)
Order of the Coif
Reed College (B.A., English, 2003)
Practice Group and Specialty Team Memberships
Aviation
Diversity Committee
Insurance
Life, Health, Disability and ERISA
Litigation
London
Products Liability and Mass Torts Litigation
Representative Matters and Clients
Aviation Matters
Brown v. Alaska Air Group, Inc., 2011 2746251 (E.D. Wash. July 14, 2011) (Defended commercial airline against negligence, discrimination and premises liability claim; successfully removed action to federal court on the basis of complete preemption under the Air Carrier Access Act)
Heinemann v. United Airlines, Inc., 2011 WL 2144603 (W.D. Wash. May 31, 2011) (Defended commercial airline in action by passenger alleging miscellaneous tort claims and prevailed on summary judgment under the Montreal Convention)
Insurance Matters
Ongoing representation of ERISA plans and ERISA plan administrators, including self-insured and insured claims
Defended insurance underwriters in maritime insurance action involving coverage for Longshore and Harbor Workers’ Compensation Act claims and alleged misrepresentation in insurance application
Represented insured in coverage dispute with multiple insurers under professional liability and directors and officers liability insurance policies
Commercial Disputes, Labor and Employment, and General Litigation Matters
Represented plaintiff in employment discrimination action involving discrimination, harassment and retaliation on the basis of race and gender
Represented financial institution in federal interpleader action
Defended healthcare professional in action alleging claims for negligence and product liability, and successfully obtained a dismissal of all claims on summary judgment
Publications
“Obtaining Attorneys’ Fees in Insurance Coverage Disputes,” Litigation News, Volume 25, No. 2 (Spring 2013)
“Short & Sweet: Tips for Effective Discovery Motions Practice,” Litigation News, Volume 23, No. 2 (Summer 2011) “Beyond Rational Relations: The Constitutional Infirmities of Anti-Gay Partnership Laws Under the Equal Protection Clause,” Washington Law Review, 81 Wash. L. Rev. 417 (May 2006)
Awards and Honors
Named as a “Washington Rising Star,” Super Lawyers® magazine, Personal Injury — General: Defense (2013-2015), Civil Litigation: Defense (2016)
Recipient of the Paul Ashley Memorial Scholarship for Public Interest Work (2006-2007)
Recipient of the Public Interest Law Association Grant (2006)
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Professional and Community Activities
King County Bar Association
Member, Appellate Law Section (2012-Present)
Member, Aviation Law Section (2011-Present)
QLaw Bar Association
Board Member (2012-Present)
Treasurer (2012-Present)
Washington State Bar Association
Member (2009-Present)
Fellow, Leadership Institute (2012)
Litigation Section (2010-Present)
Commissioner, Seattle LGBT Commission (2011-2014)
Member, Northwest Aviation Insurance Association
American Bar Association
Member, Section of Litigation
Member, Young Lawyers Division
Member, Federal Bar Association of the Western District of Washington
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