Carney Badley Spellman, P.S. is a Pacific Northwest law firm located in Seattle, Washington. Our clients will tell you we are known for providing exceptional value in legal services by recognizing case objectives early and obtaining cost-effective results. The Carney firm provides legal services in business, litigation, construction, government affairs and insurance to individuals and to privately-held and publicly-traded companies.

Emilia L. Sweeney, principal, joined Carney Badley Spellman in July 2008. Ms. Sweeney was previously a shareholder at Lane Powell in Seattle, Washington. She has extensive experience in complex litigation involving insurance matters and deceptive and unfair business practices, and has litigated a broad array of product and products liability suits. She has represented small businesses and large institutions alike in individual suits, mass tort and class actions. She has obtained a successful result at trial in more than 80% of all cases tried.

Ms. Sweeney also advises clients who manufacture or sell consumer products in the U.S. on compliance with rules and regulations governed by the Consumer Product Safety Commission, the Federal Trade Commission and the Food and Drug Administration. She assists manufacturers and retailers in pre-launch product audits, product recalls and in developing risk management strategies to ensure compliance with federal regulations.

Ms. Sweeney was recently elected President of the Washington Defense Trial Lawyers, a statewide organization committed to justice and balance in civil courts.

Ms. Sweeney regularly provides industry-specific training seminars for insurance, retail and manufacturing clients, and has testifed before the Washington House and Senate subcommittees on matters affecting the insurance industry and civil judgments. She has appeared on local television news to speak about regulations affecting consumer products, the food industry and tort litigation, and has been quoted in the Puget Sound Business Journal.

Ms. Sweeney was recognized by Seattle Metropolitan Magazine as one of "King County's Top Lawyers 2010." Seattle Metropolitan Magazine culled their list using the Martindale-Hubbell ratings. Ms. Sweeney has been awarded an "AV" Preeminent rating by Martindale-Hubbell®. This rating is given to attorneys that demonstrate the highest ethical standards and professional ability.

Representative Matters

Saved half a million dollars in interest for an insurer in a single matter based on a novel interpretation of a new statute, affirmed on appeal
Obtained defense verdict while defending a local business against a complaint of product disparagement, defamation and interference with contractual relations
Obtained favorable verdict for U.S. subsidiary of international manufacturer of machinery and equipment for the marine and offshore oil industries in a product liability suit
Successfully defended former officer of local business against claims of breach of fiduciary duty, and obtained favorable verdict for that same officer in a breach of contract counter-claim against the company
Obtained reversal for domestic insurer in an insurance bad faith suit at the intermediate appellate court level following jury trial
Regularly advises manufacturers, retailers and promotional merchandisers regarding compliance with the Consumer Product Safety Improvement Act of 2008
Regularly advised publicly traded Fortune 500 retailer on compliance with the Consumer Product Safety Act and Food, Drug and Cosmetic Act
Advised publicly traded online and catalog retailer on compliance with the Textile and Wool Acts and the Consumer Product Safety Act
Advised start-up company on labeling, promotion of consumer device to ensure compliance with the Fair Packaging and Labeling Act, the Food, Drug and Cosmetic Act and decisional law regarding false advertising
Advised local business exporting goods overseas on compliance with the European Union directive Restriction on Hazardous Substances, or RoHS

Representative Publications

Author, "Update on New Product Requirements for Children's Products," Multi-Channel Merchant, December 12, 2008
Author, "Are You Compliant With the New Product Safety Act?" Multi-Channel Merchant, November 6, 2008
Author, "Breaking Up is Hard to Do: The Fiduciary Duties that Bind Corporate Directors Through Resignation, Termination or Dissolution," American Bar Association Annual Meeting, August 4-19, 2007
Author, "Don't Let Others Tattle On You: Report Your Unsafe Products To The Consumer Product Safety Commission," first printed in Multi-channel Merchant, February 6, 2007, reprinted in Industry Week, February 14, 2007
Co-Author, "Managing the RoHS Risk," Advanced Packaging Online Article (PennWell), May 2006
Author, Washington chapter, "Unfair Trade Practices: A Compendium of State Law," Defense Research Institute, 2005
Author, "Drug, Device and Biotech: Reporting Noncompliance with the Poison Prevention Packaging Act," International Association of Defense Counsel (IADC) Newsletter, September 2005
Co-Author, "The Class Action Fairness Act's Impact on State Consumer Protection Laws," Defense Counsel Journal, July 2005

Representative Speaking Engagements

Panelist, "Consumer Product Safety Improvement Act of 2008; Reporting, Tracking and Labeling Requirements: Compliance and Practical Application for Retailers and Manufacturers," International Association of Defense Counsel Webinar, December 2009
Panelist, "Consumer Product Safety Improvement Act Jeopardy!" International Association of Defense Counsel Annual Meeting, July 2009
Panelist, "Wild, Wild West: Coverage Analysis and Claims Handling in Washington State," New York, New York, May 2009
Panelist, "The Insurance Fairness (sic) Conduct Act," Professional Insurance Agents of Washington/Alaska, Annual Conference, June 2008
Panelist, "R-67 (Insurance Fair Conduct Act) CLE," Snohomish County Bar Association, May 2008
Panelist, "Broad REACH – Navigating the Complex Seas of International Chemical Regulation," Northwest Environmental Conference, December 2007
Panelist, "Business Divorce: Ending the Relationship and Getting the House," American Bar Association Annual Meeting, August 2007
Panelist, "Toxic Tort and Environmental Litigation: Legal Developments of Significance During the Last Year and Trend Predictions for the Next Year," International Association of Defense Counsel Annual Meeting, July 2007
Speaker, "Woo vs. Fireman's Fund Ins. Co.," Washington Defense Trial Lawyers' Annual Insurance Law Update, April 2006
Speaker, "Managing the Risk and Building the Defense in the RoHS/WEE World," seminar hosted by Washington Manufacturing Services, December 2005
Speaker, 1999 Litigation and Insurance Law Seminar, "Cans of Worms and the Products Liability Update"
Speaker, 1997 Washington Defense Trial Lawyers Seminar, "Can You Keep Skeletons in the Closet? When You Produce Similar Claims How do You Prevent Their Use at Trial?"
Speaker, 1994 Litigation and Insurance Law Seminar, "How to Split the Pie Without Getting Creamed: Contribution Under the Tort Reform Act"

Professional and Community Activities

Big Brothers Big Sisters, Former Big Sister
Washington Biotechnology and Biomedical Association, Education/Work Force/Public Understanding Task Force, Former Member
International Association of Defense Counsel, Business Litigation Committee, Vice-Chair; Toxic and Hazardous Substances Litigation Committee, Vice-Chair
Junior Achievement Program, Lectured Junior High students
King County Mandatory Arbitration Program, Arbitrator
Parent Trust for Washington Children, Former Member Board of Directors
Seattle Audubon Society, Member, Urban Habitat Committee

Distinctions

Washington Defense Trial Lawyers, President
Washington State Bar Association, Pro Bono Publico Service Commendation
Rated "AV Preeminent" by Martindale Hubbell
Named a Top Lawyer by Seattle Metropolitan Magazine, 2010

Admitted to Practice

Washington state, California, Quileute Tribal Bar.

Education

University of California Hastings College of the Law (JD, 1988); University of Puget Sound (BA, 1979).