Michelle Maley is a partner in Morrison Foerster’s Complex Litigation + Advisement Group. In numerous commercial disputes across the country, Michelle has represented leading product, large equipment, and aerospace manufacturers, as well as wholesalers and retailers. Michelle has successfully guided her clients through all stages of litigation, including pre-litigation counseling, mediation, arbitration, trial, and appeal.

Across all matters, Michelle prioritizes understanding her clients’ business objectives, identifying legal and strategic risks, and developing practical, results-oriented litigation strategies. She deploys these strategies—and her expertise in negotiation, large-scale discovery, brief writing, and oral argument—to secure decisive wins for her clients. In one of the largest construction disputes in the history of the Pacific Northwest, Michelle and her trial team obtained a highly favorable resolution for the manufacturer of the “Big Bertha” tunnel boring machine on the SR-99 viaduct replacement project. Michelle clinched multiple, additional victories in the lead-up to trial, including the reversal of a potentially dispositive discovery ruling.

Michelle also maintains an active pro bono practice. She has represented asylum seekers, human trafficking survivors, and domestic violence survivors before the U.S. Court of Appeals for the Ninth Circuit, the U.S. District Court for the Western District of Washington, and Washington state courts.

Representative Experience

• Major Equipment Manufacturer. Represented a major equipment manufacturer in contract, insurance coverage, and discovery disputes arising from damage to “Bertha,” the tunnel boring machine used in Seattle’s SR-99 project, involving more than $700 million in claims and counterclaims. On appeal, obtained reversal of a potentially case-ending discovery ruling and secured favorable rulings on insurance coverage issues in Washington state courts.
  
• Aviation Manufacturers. Represented leading aviation manufacturers in litigation brought by airline customers and suppliers arising from aircraft grounding and component supply disputes, resolving matters favorably for the clients.
  

• Multinational Technology Company. Represented client in wrongful death and product-related litigation, including obtaining complete dismissal on a Rule 12 motion and securing discretionary appellate review.
  

• Healthcare Service Providers. Defending healthcare services providers in negligence, constitutional, and civil rights litigation in federal courts.
  
• Multinational Corporation. Represented multinational corporation in arbitration with a vendor, achieving a favorable settlement.
  
• Educational Travel Company. Assisted in obtaining one of the world’s largest COVID-19 insurance recoveries for an educational travel company following pandemic-related revenue losses.
  
• Developers and Contractors. Represented developers and contractors in construction and real estate disputes involving delay, termination, fraud, and payment claims.
  
• Aviation, Lumber, and Renewable Energy Clients. Advised aviation, lumber, and energy clients in resolving contract and product liability issues.