Barbara J. Duffy

Shareholder | Seattle | 206.223.7944 | duffyb@lanepowell.com

Areas of Practice

Barb Duffy focuses her trial practice on complex, commercial, health care and regulatory disputes.  She is “AV” rated by Martindale-Hubbell.  Barb is the director of the Lane Powell Litigation Department firm-wide.  She chairs one of the Lane Powell Litigation practice groups, and is also chair of the Lane Powell Long Term Care and Seniors Housing Client Service Team.

Professional Experience

• Member, American Health Care Association, Legal Sub Committee
• Chair, American Health Lawyers Association, Long Term Care, Senior Housing, In-Home Care, and Rehabilitation Practice Group

Admitted to Practice

• Washington
• U.S. District Court, Western District of Washington
• U.S. District Court, Eastern District of Washington
• Ninth Circuit Court of Appeals

Academics

• University of Minnesota (J.D., cum laude, 1989; B.A. 1985)
  • Phi Beta Kappa
  • Phi Kappa Phi
  • Golden Key National Honor Society

Practice Groups and Specialty Team Memberships

• Director, Litigation Department
• Chair, Long Term Care and Seniors Housing Client Service Team
• Chair, Litigation Practice Group
• Class Action Defense
• Wage and Hour

Representative Matters/Clients

• WHCA vs. Dreyfus, 2009 WL 2432005 (W.D.Wash.) (Order granting motion for temporary restraining order enjoining Medicaid rate cuts by the state of Washington)
• Steele vs. Extendicare, 607 F.Supp.2d 1226 (W.D. WA 2009) (Order dismissing class action claims under the Washington Consumer Protection Act in the context of long term care)
• Bernstein vs. Extendicare, 607 F.Supp.2d 1027 (D. Minn 2009) (Order dismissing class action claims under Minnesota consumer protection act claims)
• WHCA vs. Arnold-Williams, 601 F.Supp.2d 1224, Med & Med GD (CCH) P 302,740, (W.D. WA 2009) (Order invalidating legislation requiring assisted living providers to retain Medicaid residents after termination of their Medicaid contracts in violation of the Contracts Clause of the United States Constitution)
• Olson, v. Alterra, 2008 WL 4379056 (W.D.Wash.) (Order enforcing Arbitration Agreement in context of assisted living)
• Naylor et al. v. Sunwest Management Inc. et al. (Class action litigation under Oregon Unfair Trade Practices Act)
• Residents Council et al. v. HHS (Lane Powell represented the American Health Care Association as Intervenor in class action challenge to regulation)
• Seelhoff v. Welch (Plaintiff’s antitrust action trial to judgment)

Publications

• “Innovators Expand Senior Housing Even in a Downturn,” Puget Sound Business Journal, Quoted (September 9, 2011)
  
• Feeding Assistants in Class Action, Co-author (2004)
• National Trends in Admission Contract Arbitration Agreement Enforcement, Co-author (2004)
• Skilled Nursing Facility Consolidated Billing: Services Furnished Under An Arrangement With an Outside Entity, Co-author (2004)

Speaking Engagements

• “Resolving Government Self-Disclosures: What LTC Providers Should Consider,” Health Care Compliance Association’s 16th Annual Compliance Institute (April 29-May 2, 2012)
• “Risks and Issues Involved with Aging in Place,” National Center for Assisted Living In-House General Counsel Roundtable (February 27, 2012)
• “View From the Bench: The Judicial Perspective on Litigating a Long Term Care Case,” Second Annual Preventing and Defending Long Term Care Litigation Seminar (February 1, 2012)
• “Hot Topics in Long Term Care,” American Health Lawyers Association’s Annual Meeting (June 27, 2011)
• “Medicaid Rate Litigation Update,” American Health Lawyers Association’s Long Term Care and the Law Seminar (February 21, 2011)
• “Smart Document Management in an Evolving World of Information and Legal Exposure” and “Understanding the Interactions Between Federal and State Integrity Recovery Programs in the Post-Acute Healthcare Setting,” Health Care Compliance Association’s 14th Annual Compliance Institute (April 18-21, 2010)
• American Health Lawyers Association (Various topics in 2006-2011)
• Washington Health Care Association (Frequent speaker at various member conventions on various topics affecting long term care)
• Oregon Association of Medical Staff Services (Fair hearing process and procedure)

Awards and Honors

• Peer Review Rated “AV” in Martindale-Hubbell
• Named as one of The Best Lawyers in America®, Long Term Care and Seniors Housing (aka Elder Law) (2010-2012)
• Named as a “Washington Super Lawyer,” Super Lawyers magazine, Business Litigation, Multiple years (“Top 50 Women Attorneys in Washington,” (2008 and 2011))
• Selected “Local Litigation Star” by Benchmark Litigation, Commercial Litigation (2011 and 2012)

Professional and Community Activities

• Member, American Health Lawyers Association
  • Chair, Long Term Care, Senior Housing, In-Home Care, and Rehabilitation Practice Group
• Member, American Health Care Association Legal Subcommittee
• Fellow, Litigation Counsel of America, Trial Lawyer Honorary Society (2009)
• Former President, Friends of Seattle Public Library Board
• Member, Federal Bar Association Health Law Section Editorial Board
• Member, Oregon Health Care Association