Diane M. Meyers

Attorney

phone: 206.340.9679 | fax: 206.340.9599

dmeyers@grahamdunn.com

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Diane is a shareholder with over a decade of commercial litigation experience. She has particular experience in insurance coverage and environmental and natural resources matters. In addition to significant experience in a variety of complex commercial matters, Diane handles numerous environmental litigation and claims involving hazardous site investigations, cleanups, cost recovery, natural resource damages, including sites in Washington and Idaho on behalf of petroleum companies, refineries, distributors, and landowners in MTCA and CERCLA actions. Diane's clients come from a variety of industries and include ports and municipal agencies, petroleum and chemical companies, public transit authorities, and national and community banking institutions.

Diane handles the litigation process from start to finish, including pre-litigation investigation, assessment, and counseling, trial work, and appellate briefing. She has represented clients before the United States Supreme Court, United States Courts of Appeals, United States District Courts, as well as Washington's trial, appellate and Supreme Courts. She has been selected as a Rising Star for business law in Washington for the past three years.

Diane serves on Graham & Dunn's Board of Directors.

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    Representative Matters/Transactions


    Environmental, Natural Resources, and Land Use

    • Represent major petroleum manufacturer in Model Toxics Control Act actions for recovery of costs to clean up environmental contamination and in connection with CERCLA removal and remedial actions and natural resource damage claims by state and federal trustees.
    • Advise petroleum company in connection with EPA inspection of Risk Management Program under the Clean Air Act.
    • Advise and defend petroleum company in connection with Clean Air Act enforcement actions.
    • Counsel for intervenor in suit seeking to invalidate DNR timber sales, including successful defense of plaintiffs’ attempt to enjoin timber harvest.
    • Insurance defense counsel representing owners/operators of retail gas stations in defense of claims related to releases of petroleum products.
    • Advise businesses and property owners in environmental compliance and permitting issues.
    • Represent petroleum distributor in insurance coverage litigation arising out of costs to clean up environmental contamination.
    • Conduct environmental due diligence for clients in transactional matters. 
    • Represent landowners in challenge to shoreline permit based on various environmental claims.


    Insurance Coverage

    • Counsel for municipal port in insurance coverage dispute arising out of multiple environmental cleanup matters, including contaminated sediments, groundwater and soil sites.
    • Represent international oil and chemical company in insurance coverage litigation arising out of CERCLA matter.
    • Advised health care insurer on insurance and risk management issues that arose during sale of business.
    • Advise policyholders in coverage disputes related to property damage, business interruption and other first party claims, third party claims under commercial general liability, errors and omissions/professional liability, employment practices liability and directors and officers policies, and unfair claims handling.
    • Assist policyholders in filing and pursuing insurance claims.
    • Counsel clients on risk management programs, insurance coverage, and terms of indemnity agreements and provisions in standard agreements.


    Commercial Litigation

    • Obtained dismissal of two securities class actions filed against investment advisor in California.
    • Prevailed on a motion to dismiss in $3.4M breach of contract, fraud, and Consumer Protection Act case for Columbia State Bank. 
    • Prevailed on summary judgment in quiet title and ejectment claim on behalf of Sound Transit in a railroad right of way case that impacts ability to construct commuter passenger rail line.
    • Obtained partial dismissal of contract and fraud claims brought against call center in the Central District of California and ultimately resolved the case with favorable settlement.
    • Represented plaintiff in antitrust and unfair competition case in the Western District of Washington.
    • Counsel for district energy provider in commercial disputes.
    • Prevailed on motion to dismiss a $27M commercial claim brought against Columbia State Bank in the Eastern District of Washington.
    • Successfully defended Columbia State Bank in a $20M commercial claim brought in the District of Minnesota. Obtained a preliminary dismissal of claim and ultimately resolved the case with favorable settlement pending defendant's motion for summary judgment.
    • Prevailed on summary judgment in $10M breach of contract case for national bank.
    • Prevailed on summary judgment in $2M breach of contract and judicial foreclosure case for national bank.
    • Successfully defended agent in FINRA arbitration proceeding, obtaining complete dismissal of claims.
    • Represent bank directors and officers in FDIC litigation.


    Intellectual Property

    • Defended biotechnology company in federal jury trial in patent infringement case.
    • Counsel for a marketer of organic skin care in intellectual property matters.
    • Represented companies in trademark disputes before the Trademark Trial and Appeal Board.

    Publications

    • Co-Editor, Environmental and Land Use Law, WSBA Environmental and Land Use Law Section Newsletter
    • Washington and Arizona excerpts for inclusion in ABA's Update to Consumer Protection Law Developments, 2012 (pending publication)
    • Washington, Oregon, Alaska, and Arizona excerpts for inclusion in ABA's Update to Consumer Protection Law Developments, 2011
    • Recent Developments In Aviation Law, published in Tort Trial & Insurance Practice Law Journal, 2010
    • Counsel for the Indigent Accused in Death Penalty Cases, The Defender, 2006
    • The Erosion of the Great Writ, Judicature, September 2005 (unsigned editorial) 

    Presentations

    • "Mastering the Deposition: Witness Preparation," Pincus Professional Education, Mastering the Deposition: A Critical Skills Workshop, 2012

    Recognition & Honors

    • Selected to Washington Rising Stars list, Environmental, 2012-2014
    • Washington Leadership Institute, 2011
    • Arizona Attorneys for Criminal Justice - 2008 President's Commendation for Outstanding Service
    • Board of Directors of the Criminal Defense Bar Association of San Diego - 2008 Special Directors' Award

    Professional & Community Activities

    • Graham & Dunn PC Board of Directors, 2013-present
    • Vice President, Pronto Cycle Share Board of Directors, 2014-present
    • Pro Bono General Counsel to Pronto Cycle Share, 2012-present
    • Ninth Judicial Circuit Historical Society Advisory Council, 2013-present
    • American Bar Association
    • Federal Bar Association
    • Former Board Member, Integrity of Justice Project
    • Former Member, State Bar of Arizona, Indigent Defense Task Force
    • Pro Bono Committee Member, Graham & Dunn

    When I am not practicing law, I like to ...

     I like to relax with my family, score baseball games, and compete for my women’s cycling team, Team Group Health.