Mr. Rosenberg is a shareholder at Lee Smart, and he is currently licensed to practice law in the State of Washington, the United States District Court in the Western District and Eastern District of Washington, the Ninth Circuit Court of Appeals, and in the United States Supreme Court. Mr. Rosenberg is a member of the American Bar Association, the Washington State Bar Association, and the King County Bar Association. Mr. Rosenberg’s current practice includes defense of professional malpractice claims, defense of municipal government entities, labor law, general civil defense claims, construction defect, and insurance subrogation. Mr. Rosenberg graduated summa cum laude from Arizona State University in 1996, he graduated cum laude from the University of Miami School of Law in December 2000, and has worked at Lee Smart since 2001. Mr. Rosenberg has authored the published articles The Chinese Legal System Made Easy, 9 U. Miami Int. & Comp. L. Rev. 225 (2000), and How a Taxing Problem Has Taken Its Toll: A Common Person's Guide to International Tax Dispute, 20 B.U. I.L.J. 1 (2001).  Mr. Rosenberg has been named a Rising Star several times by Washington Law & Politics magazine, and served on the Washington State Bar Diversity Committee in 2002.

Representative Cases

State Court

• Ang v. Martin - Assisted in defense of attorney in legal malpractice action by a criminal defendant / malpractice plaintiff. Claims against the client were dismissed at trial in Pierce County Superior Court. The dismissal was affirmed, 118 Wn. App. 553, 76 P.3d 787, and affirmed by the Washington Supreme Court in 154 Wn.2d 477; 114 P.3d 637 (creating new law regarding the burden of proof in a criminal malpractice case.
• Brown v. TCI - Defense of negligence claim against a telecommunications company. Employee of contractor sued TCI and Puget Sound Energy when shocked by power line while repairing cable. TCI dismissed on summary judgment in Pierce County Superior Court cause no. 02-2-04331-9. No appeal was filed.
• Hamann v. Williams - Lewis County Superior Court, cause no. 07-2-01269-7. Defense of attorney and law firm in a legal malpractice claim. Plaintiff alleged failure to properly serve a party, improperly advising settlement with another party, and failure to appeal a judgment against the plaintiff. The court agreed that the plaintiff had not offered evidence sufficient to show that the attorney breached the standard of care on two of the claims or that the damages that plaintiff alleged were proximately caused by an act or omission by the attorney or firm. The case is currently on appeal.
• Hanson v. Anderson Hunter - Assisted in defense of escrow agent in professional malpractice action. Escrow agent was attorney for buyer of property. Seller of property refused to finalize sale and was sued for specific performance. After losing the underlying lawsuit, seller sued escrow agent. Dismissed on summary judgment in Snohomish County Superior Court, cause no 02-2-04472-5, on grounds of collateral estoppel and failure to show damages. No appeal filed .
• Henley v. Archdiocese of Seattle - Defense of negligence claim against school by student who sustained an injury during a ball game. Student alleged negligent supervision and failure to provide appropriate equipment. Dismissed on summary judgment from King County Superior Court, cause no. 02-2-17530-9SEA. Affirmed in the Court of Appeals.
• Johnson v. Horizons West Development, Inc., - Pierce County Superior Court, cause no. 07-2-09490-9. Defense of a negligence claim against a general contractor and property owner for a trip and fall on a clubhouse pool patio by a resident of the community. The claims against our client, the general contractor, were dismissed on summary judgment for lack of duty where the patio was built by an independent contractor and for failure to present sufficient expert testimony to show breach of the standard of care. Claims against the co-defendant property owner remained due to issues of fact as to the premises liability.
• Kehres v. Ursich - King County Superior Court cause no. 08-2-13428-8 SEA. Defense of attorneys and firm legal malpractice action. Plaintiffs represented themselves pro se in a dispute regarding the sale of property, during which time several key orders were entered. Plaintiffs then retained and soon replaced the firm. The court agreed that the plaintiffs had neither shown that the attorneys breached the standard of care during their few months of representation, nor that the damages that plaintiffs were alleging were proximately caused by act or omission by the firm. The former clients have appealed, and the matter is currently before Division I of the Court of Appeals, cause no. 62952-2-I.
• Lyons v. Harrell & Roesch - Defense of attorney and law firm in legal malpractice action. Plaintiff retained attorneys in action against Pacific County in federal court. Plaintiff sued his attorneys when his lawsuit against the County was dismissed on summary judgment. The legal malpractice action was dismissed on summary judgment in Pacific County Superior Court, cause no. 01-2-00374-9. No appeal filed.
• McSydnic v. Blank - Snohomish County Superior Court 06-2-13526-0. Plaintiff purchased an eight unit apartment building from the client and, several years later, allegedly discovered widespread problems with mold and the plumbing system. Plaintiff sued under a number of theories, including fraud, negligence, misrepresentation, and breach of contract. Defendants moved for summary judgment on grounds there was no evidence of fraud, tort claims were beyond the statute of limitations, and that no provisions of the contract could be shown breached. Plaintiff failed to present evidence to raise an issue of fact as to whether the client had actual knowledge of the alleged defects, and it had accepted the risk of loss based on the "As Is" provision of the contract. All claims were dismissed on summary judgment.
• Milam v. Pioneer Human Services - King County Superior Court 07-2-32745-2 SEA. Plaintiff was the Estate of a resident of a halfway house. The resident snuck out of a halfway house at night and was found shot to death the next morning. Plaintiff sued the halfway house for negligent supervision and the shooter for assault and battery. Defendants moved for dismissal on the elements of duty and proximate cause. The court found that there was no evidence or authority to establish that Pioneer had a duty to make absconding impossible nor a duty to keep plaintiff from absconding from the facility and being killed by a third party not in the control of Pioneer. The court also found that there was no evidence of foreseeability, either as to plaintiff absconding from the facility nor being killed by a third party not in the control of Pioneer. So the court dismissed plaintiff's claims against Pioneer on summary judgmemt, but claims against the shooter remained for trial.
• Mullen v. Campbell v. Zylstra - Assisted in defense of legal malpractice action on behalf of a lawyer who defended Dr. Zylstra in a medical malpractice case. The verdict reached was in excess of the doctor's policy limits. The doctor assigned his bad faith claim and malpractice claims to patient Mullen. The legal malpractice action was dismissed on summary judgment in Snohomish County Superior Court, cause no. 00-2-00986-9.
• Sanborn v. Anchor Bay Ins. Co. - Defense of negligence claim by an individual not included as an additional insurance policy against an insurance company. The negligence claim was dismissed on summary judgment in King County Superior Court, cause no. 04-2-36814-6SEA.
• Timson v. Pierce County FPD - Assisted in defense of a fire protection district against claims of negligence during a rescue operation following an motor vehicle accident. The negligence claim was dismissed on summary judgment in Pierce County Superior Court, cause no. 04-2-11574-0. The dismissal was affirmed, 136 Wn. App. 149 P.3d 427 (2006).
• Weaver v . Paras - Spokane County Superior Court 06-2-04295-1. Plaintiff was a delivery person injured when an electric bay door at a factory came down on her back when she was loading her truck. Plaintiff brought claims against the property owner, general contractor, and electric subcontractor. Claims against the contractor were dismissed on summary judgment on the grounds that: (1) it had already completed the work and relinquished control to the property owner so that there was no worksite liability, and (2) installation of the door had been performed by an independent contractor, not an agent, so that the contractor was not liable for alleged defects in the work under the theory of respondeat superior. Claims against the property owner and electric subcontractor remained for trial .

Federal Court :

• Brees v. Casa - Assisted in defense of claim by individual of violation of due process and defamation, where he was denied a position as a guardial ad litem. The claim was dismissed on summary judgment by the U.S. District Court for the Western District of Washington, cause no. C 03-5335 RBL.
• CNA v. Cadet - Subrogation action on behalf of insurance carrier. Insurance carrier brought action against Cadet Manufacturing Company after company’s heater caused fire in shopping center causing damage to carrier’s insured tenants. Judgment was entered against Cadet in the amount of approximately $260,000 in United States District Court for the Western District of Washington in Seattle, cause no. C-01-1184 C.
• Johnson v. Clallam County - Assisted in defense of Clallam County and County employee in civil rights action. Plaintiff claims his civil rights were violated when he was arrested and incarcerated when he refused to stop videotaping sheriff in his vehicle during communications. Dismissed on summary judgment in United States District Court for the Western District of Washington in Tacoma, cause no. C00-5354 JKA. Dismissal on summary judgment affirmed in the Ninth Circuit Court of Appeals, cause no. 03-35057.
• Moore v. King County Fire Protection District No. 26, et al – Assisted in defense of fire district, its fire commissioners, and fire chiefs in the United States District Court for the Western District of Washington, cause no. 05-0442. Plaintiffs alleged federal claims of violations of due process and state claims of disability discrimination, retaliation, and defamation. All federal claims were dismissed on summary judgment. Defamation claims were dismissed on directed verdict. Claims of discrimination and retaliation were dismissed after a seven-day jury trial, when the jury returned a defense verdict. After the matter was appealed to the Ninth Circuit Court of Appeals, the Washington legislature changed the definition of disability, and the case has since been remanded back to the trial court.
• Morta v. Camas Sch. Dist. No. 117 - Defense of claims of discrimination by a teacher against a school district. All claims were dismissed on summary judgment in the United States District Court for the Western District of Washington in Seattle, cause no. C05-5261RBL. No appeal was filed.
• Tanzi v. Shulkin - Assisted in the defense of a bankruptcy attorney sued by a debtor/client for professional negligence in the United States Bankruptcy Court for the Western District of Washington in Tacoma, cause no. 04-04166 PBS. Claims of professional negligence were dismissed after a four-day bench trial. The decision was affirmed on appeal.