Paul J. Killion: Lawyer with Duane Morris LLP

Paul J. Killion

Partner
San Francisco,  CA  U.S.A.
Phone415 957 3141

Peer Rating
 5.0/5.0
AV® Preeminent

Client Rating

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Practice Areas

  • Insurance
  • Appellate
  • Trial Practice
  • Energy Facility Siting
  • Nuclear Energy
  • Reinsurance
 
Contact InfoTelephone: 415 957 3141
Fax: 415 520 0421
http://www.duanemorris.com/attorneys/pauljkillion.html
 
University University of California, Berkeley, B.A., 1980 Phi Beta Kappa
 
Law SchoolUniversity of San Francisco School of Law, J.D., 1986
 
Admitted1986, California; Supreme Court of the United States; U.S. Court of Appeals for the Ninth Circuit; U.S. Court of Appeals for the Tenth Circuit; U.S. District Court for the Northern District of California; U.S. District Court for the Central District of California; U.S. District Court for the Eastern District of California; U.S. District Court for the Southern District of California
 
Memberships 

Professional Activities

•Certified Appellate Specialist by the State Bar of California Board of Legal Specialization
•Appointed to the California State Bar Appellate Committee, 2011-2014
•American Bar Association
•Bar Association of San Francisco
- Appellate Practice Committee
•Defense Research Institute
- Appellate Practice Committee
•Bar Associations of Los Angeles, Sacramento, Santa Clara and Marin Counties
•Member of the California Supreme Court Historical Society

Board Memberships

•Legal Aid of Marin

 
Born1958
 
Biography

Paul J. Killionis a Certified Appellate Specialist and practices in the area of complex civil litigation. Mr. Killion has argued or briefed over 100 appellate matters, including appeals, writs, petitions for review, merits briefing and amicus curiae briefing. He has handled a variety of litigation and appeals, including significant national experience in asbestos, pollution, toxic tort insurance coverage litigation and large personal injury claims. He has a broad range of appellate experience, with a particular focus on appeals from complex jury trials. He has appeared before all Districts of the California Courts of Appeal and before the California Supreme Court, as well as the Ninth and Tenth Circuits and the Supreme Courts of Washington and Oregon. He also regularly represents clients as amici counsel in the California Supreme Court and Courts of Appeal.

Mr. Killion currently serves on the California State Bar's Appellate Courts Committee. He is a co-author of the DRI national publication,A Defense Lawyer's Guide to Appellate Practice(DRI 2004). He has spoken and published on a number of appellate and insurance issues. Since 2003, he has served on the Jury Instruction Committee of the State Bar Litigation Section, providing comments on the California Approved Civil Instructions. He is a member of the Appellate Committees of the Bar Association of San Francisco and the Defense Research Institute. He is also a member of the American Bar Association and the Forum for Environmental and Toxic Tort Issues (FETTI). He currently serves on the board of directors of Legal Aid of Marin. Mr. Killion was selected as 2014 Distinguished Legal Writing Award Winner by the Burton Awards.

Mr. Killion served as a special Deputy District Attorney in Contra Costa County in 1989. While in law school, he externed for the Honorable William W Schwarzer, Judge of the U.S. District Court for the Northern District of California.

Mr. Killion is a 1986 graduate of the University of San Francisco School of Law and a graduate of the University of California at Berkeley, where he was elected to Phi Beta Kappa.

Experience

•Duane Morris LLP
- Partner, 2006-present
•Hancock Rothert & Bunshoft LLP
- Partner, 1993-2005
- Associate, 1986-1993
•Contra Costa County, California
- Deputy District Attorney, 1989

Accolades

•Selected as 2014 Distinguished Legal Writing Award Winner by the Burton Awards
•Named as one of California's Super Lawyers for 2004 and 2005
•AV Preeminent Peer Review Rated by Martindale-Hubbell

Selected Publications

•Author, Warning: The Internet May Contain Traces of Nuts (Or, When and How to Cite to Internet Sources),California Litigation, Vol. 26, No. 1, 2013
•Co-author, Do You Need to Read the Warranty First?Los Angeles Daily Journal, July 22, 2010
•Co-Author, Correcting a Boghos Analysis: The California Supreme Court Holds That Service of Suit Clauses Do Not Conflict with Arbitration Clauses,Mealey's Litigation Report: California Insurance, August 2005
•Co-Author, A Defense Lawyer's Guide to Appellate Practice, Defense Research Institute, 2004
•Co-Author, The First Look: Recognizing the Chances for Success on Appeal,:California Litigation, Vol. 16, No. 2, 2003
•Co-Author, Tales from the Corporate Trail: The California Supreme Court Clarifies Insurance Rules for Policy Assignment between Corporate Successors,Mealey's Litigation Report: Insurance, March 11, 2003
•Co-Author, The Dart Not Thrown: A Response to the California Supreme Court's Invitation to Establish an Evidentiary Standard for Proof of Lost Insurance Policies,Mealey's Litigation Report: Insurance, October 1, 2002
•Purpose and Limits: Consider the Goals of the Appellate Brief When Drafting,San Francisco Daily Journal, July 30, 2001
•Guessing Games: The Ninth Circuit Takes a Stab at California Insurance Law,The Recorder, November 8, 2000
•Co-Author, A Toxic Turn for Policyholders,Insurance Litigation, San Francisco Recorder, September/October 1998
•Co-Author, The Top Ten Reasons Insurance Coverage Lawyers Should UnderstandFMC v. Plaisted and Companies,Mealey's Litigation Reports: Insurance, July 21, 1998
•Reply Briefs,Certworthy, Fall 1998 (DRI - Appellate Advocacy)
•Co-Author, The 'Expected or Intended' Provision and California Insurance Code Section 533 - The Rest of the Picture,Mealey's Litigation Reports: Insurance, August 27, 1996
•Co-Author, Once A Wicked Sister: The Continuing Role of Assumption of Risk Under Comparative Fault in California,20 USF Law Review 225, Winter 1986

Selected Speaking Engagements

•Speaker, Advocate In Style for Better Results, State Bar of California's 85th Annual Meeting, Monterey, CA, October 2012
•Speaker, Update on Asbestos Coverage Issues, Forum for Environmental and Toxic Torts Issues Nineteenth Annual Conference, Chicago, September 2012
•Preserving and Presenting Appellate Issues in California, West-Thomson webinar, September 2012
•What's Hot in Asbestos, Program Forum on Environmental and Toxic Tort Issues, October 2006
•Publication and Depublication of California Appellate Court Opinions, Program for Bar Association of San Francisco, June 1999

 
Reported CasesRepresentative Matters; Significant Litigation. Obtained summary judgment in the Central District of California on behalf of an insurance company client in an insurance coverage case involving allegations of breach of contract and bad faith. The case involved issues of law relating to whether a third party can tender for an insured, whether notice of a suit makes a difference and/or whether an insurer has obligations to continue investigating after being tendered a Potentially Responsible Party notice letter. On behalf of a Long Beach trucking company, set aside a $2.3 million default judgment in Los Angeles Superior Court and then defeated a renewed effort by the plaintiff to establish alter ego liability. Deere and Co. v. Certain Underwriters, et al.(San Francisco asbestos coverage litigation) (current); Thorpe Asbestos Coverage Cases(Los Angeles Coordinated Proceeding involving asbestos non-products coverage issues) (current); St.Paul Fire and Marine Ins. Co. v. A.P.I. Inc.(Minn. state court asbestos coverage litigation involving non-products issues and 524(g) federal bankruptcy proceedings)(2002-05); Kaiser Aluminum and Chemical Corp. v. Certain Underwriters at Lloyd's, London, et al.(San Francisco asbestos coverage litigation involving products issues and 524(g) federal bankruptcy proceedings)(2000-05); Four Star Oil & Gas Company, et al. v. Allianz Insurance Co., et al.(Los Angeles coverage litigation involving all Texaco's environmental sites in United States and Canada)(1992-95); FMC Corporation v. Plaisted and Companies, et al.(Santa Clara County, CA multi-phase environmental coverage litigation involving 60 sites, seven separate jury trials and seven separate appeals)(1987-98); Shell Oil Company v. Aetna Casualty and Surety Co., et al.(San Francisco and Illinois coverage litigation involving polybutylene pipe property damage claims)(1993-96); Shell Oil Company v. Accident and Casualty, et al. and related actions(San Mateo and San Francisco CA environmental coverage litigation involving Rocky mountain Arsenal and other Shell pollution sites)(1986-96); Counsel for insurers in connection with the application of the standard nuclear exclusion in liability insurance policies to pollution sites. Represented London market insurance companies in a pollution coverage litigation, worth approximately $10 million, against a major oil company that involved a yellow-cake uranium processing plant in Wyoming. Represented a pro bono client in performing a constitutional analysis in the City of Monterey Park, California showing the unconstitutionality of a proposed ordinance which sought to require that business signs have modern Latin Alphabet (e.g. English) on their signs.Significant Appeals. Obtained on behalf of Capital One Bank, N. A., and its predecessor in interest, ING Bank, FSB, a dismissal of an appeal before the California Court of Appeal, First Appellate District, Division Five, upholding a judgment for ING in a dispute that included issues related to the Home Owners Loan Act and the Dodd-Frank Act. The dismissal also left intact a second judgment in favor of ING from the Sonoma County Superior Court. Affirmance by California Court of Appeal of ground-breaking rulings limiting rights to Cumis counsel, as well as of money judgment against policyholder for reimbursement of Cumis fees that had been paid by insurer.Federal Ins. Co., et al. v. MBL, Inc.(2013) 219 Cal.App.4th 29; Reversed $49 million total judgment against client in personal injury and wrongful death action arising out of a distracted driver running off the road and killing a motorist and crippling a CHP officer.Pedeferri, et al. v. White, et al.(2013) 216 Cal.App.4th 359; Obtained a decision from the Court of Appeal of the State of California that affirmed a $1 million judgment entered in favor of an excess insurer in a subrogation and indemnity action.Employers Ins. Co. of Wausau v. California Capital Ins. Co.(Court of Appeal, Second District, Div. 6, No. B226545) (unpublished); In an age discrimination suit brought against Google on behalf of a former director of operations and engineering, obtained an order from the California Supreme Court that affirmed a lower court's decision rejecting most of Google's objections to the suit.Reid v. Google, Inc.,(2013) 50 Cal.4th 512; Aerojet-General Corporation v. Commercial Universal Insurance Company, 155 Cal.App.4th 132 (2007) (environmental insurance coverage); Catholic Mutual Relief Society et al. v. Superior Court, 42 Cal.4th 358 (2007) (reinsurance discovery;amicusbrief) (one of Mealey's 10 most significant insurance coverage cases for 2007); Schnitzer Investment Corp. v. Certain Underwriters, et al., 341 Ore. 128 (2006 Oregon SC) (environmental coverage); Holloway v. Republic Indemnity Co., 341 Ore. 642 (2006 Oregon SC) (sexual harassment coverage); Buell-Wilson v. Ford Motor Co., 141 Cal.App.4th 525 (2006) (Explorer rollover); Souza v. Squaw Valley Ski Corp., 138 Cal.App.4th 262 (2006) (ski injury); Boghos v. Certain Underwriters, et al., 36 Cal.4th 495 (2005) (arbitration dispute;amicusbrief); Kahn v. East Side Union HS Dist., et al., 31 Cal.4th 990 (2003) (diving accident;amicusbrief); London Market Insurers v. Safety Nationalunpublished (First Dist. 2004) (arbitration dispute); Vine v. Bear Valley118 Cal.App.4th 577 (2004) (snowboarding injury); Lambert v. General Motorsunpublished (Fourth Dist. 2003) (Blazer rollover); Henkel Corp. v. Hartford Acc. And Indem., 29 Cal.4th 934 (2003) (assignment issue;amicusbrief) (one of Mealey's 10 most significant insurance coverage cases for 2003); Squaw Valley v. Superior Courtunpublished (2nd Dist. 2002) (venue writ); Dart Industries v. Commercial Union Insurance Co.28 Cal. 4th 1059 (2002) (missing insurance contract;amicusbrief) (one of Mealey's 10 most significant insurance coverage cases in 2002); Raimondi v. Ford Motor Co.unpublished (First Dist. 2001) (Bronco II rollover); Sparks v. Calif. Restaurant Assoc.unpublished (Third Dist. 2001) (employment discrimination); Golden Eagle Ins. Co. v. Southwire Co.(Fifth Dist. 2001) (construction defect); Palmer v. Truck Ins. Exch., 21 Cal.4th 1109 (1999) (advertising liability; amicus brief); Syntex v. Lowsley-Williams and Cos.(1998) 67 Cal.App.4th 871 (environmental insurance coverage); FMC v. Plaisted and Companies(1998) 61 Cal.App.4th 1132 (environmental insurance coverage); Armstrong World Industries v. Aetna Cas. & Ins. Co.(1996) 45 Cal. App. 4th 1 (asbestos coverage); Shell Oil Company v. Winterthur Swiss Ins. Co.(1993) 12 Cal.App.4th 715 (environmental insurance coverage).
 
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Office Information

Paul J. Killion

One Market Plaza, Suite 2200
San FranciscoCA 94105-1127




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