

Burgess Fitzer believes there are many avenues to dispute resolution
that do not necessarily follow the traditional
(and often times expensive) route of trial.
The firm believes that its clients—and
all litigants—deserve individual evaluation
to determine the best avenue for resolution
depending on the parties and claims involved.
Such an evaluation makes for a faster
and more efficient
resolution. In addition, several of
the firm’s shareholders are often called
to serve as arbitrators in MAR or UIM arbitrations.
These shareholders strive to maintain
a reasoned and fair approach to liability
determinations and damage awards.
Contact: Robert
W. Novasky ; Jill
Haavig Stone
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Appellate practice is a unique discipline that requires experienced
attorneys and the highest quality of analysis,
research, and writing. Burgess Fitzer
has briefed and argued a wide range of issues
before nearly all appellate courts across
the country, including all divisions of
the Washington Courts of Appeals, the Washington
Supreme Court, and the Ninth Circuit Court
of Appeals. The firm has also prepared amicus briefs on
behalf of individuals, corporate entities
and insurers, so that their voice may be
heard on matters of individual importance.
A list of some of the firm’s reported
appellate opinions may be found here.
Contact: Timothy
R. Gosselin
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Commercial and residential construction litigation has increased significantly
over the past several years. The firm
is equipped with both the expertise and
staffing necessary to defend any corporate
or business entity against claims of construction
defect. Burgess Fitzer has represented
contractors at all levels, from developers
and general contractors to sub-tier subcontractors.
Construction defect cases can be complex,
as well as document- and discovery-intensive.
It is Burgess Fitzer’s goal to provide
a comprehensive and complete defense to
our construction clients while maintaining
a focus on efficiency, effective use of expert
consultants, and litigation cost management.
Contact: John
T. Kugler; Robert W.
Novasky
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Decisions involving the protection of assets, retirement benefits
and family members can be difficult and
challenging. Often, individuals
are best served by independent advice to
facilitate planning for future contingencies.
Burgess Fitzer is experienced in assisting
its clients with areas of estate planning
including wills, trusts, community property
agreements, living wills, and powers of
attorney.
Contact: Robert W.
Novasky
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Burgess Fitzer has a long and successful history of providing our clients
with vigorous, high-quality representation
in varied types of disputes, including automobile
accidents, property disputes, worksite injuries,
and premises liability. Several members
of the firm regularly defend a large number
of such cases through all stages of litigation,
including settlement, arbitration, and trial.
Where appropriate, our attorneys achieve dispute
resolution for our clients through alternative
means such as mediation. The firm
also has experience in non-traditional, complex
claims, such as defamation, malicious prosecution,
and fire loss. For Burgess Fitzer’s
insurer clients, the firm has significant
experience in defending insurers in all
types of first-party litigation, including
bad faith claims, declaratory actions, and
UIM and PIP arbitrations.
Contact: Jill
Haavig Stone; Robert W.
Novasky
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Burgess Fitzer’s coverage attorneys are experienced in providing efficient
and high quality coverage advice to many
insurers on issues of defense, indemnity,
and liability. Coverage issues can
be complex, sometimes requiring quick, but
thorough, analysis. Burgess Fitzer
is equipped to meet that challenge through
all stages of coverage, including coverage
opinions, reservation of rights issues,
and coverage denials. The firm has
also assisted self-insureds and risk pool
members in evaluating defense and indemnity
requirements presented by various types
of claims.
Contact: Timothy
R. Gosselin; Melanie
T. Stella
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Few firms in Western Washington have had as much involvement or success
in the defense of professional and medical
malpractice litigation as Burgess Fitzer.
The firm regularly defends doctors,
health care organizations, and
fellow attorneys against all types of professional
liability claims. The firm also provides
such professionals with exceptional support
throughout the litigation process and beyond,
including risk management evaluation, representation
in administrative inquiries, and corporate
liability issues.
Contact:
Steven
F. Fitzer; Sally
B. Leighton
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The defense of cities, counties, and other municipal entities often
requires exceptional skill to understand
the unique issues surrounding tort liability
of municipalities. Burgess Fitzer
has demonstrated such skill for many years
through its defense of such entities as
the City of Tacoma, Pierce County, and public
utility districts, often in complex, high-profile
litigation. The firm also regularly
defends municipalities against allegations
of civil rights violations and Section 1983
claims of police misconduct.
Contact: Timothy
R. Gosselin ; John
T. Kugler
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Burgess Fitzer has experience in defending
individual and corporate clients against
claims of manufacturing and design defects.
The firm represents such clients
in all aspects of product liability litigation,
including asbestos and pharmaceutical claims.
Contact: Robert W.
Novasky
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