Cynthia Ducey

Cynthia Ducey has more than 33 years’ legal experience in Alaska, including 27 years providing legal advice to employers and as a civil litigator. Cynthia has a wealth of experience in employment law, representing employers in state and federal court, as lead counsel in wage and hour class actions and she has obtained successful jury verdicts in wrongful termination actions, has secured summary dismissals in state and federal agency actions before the ASHRC, EEOC, DOL, NLRB and OSHA. Cynthia has served as an arbitrator in personal injury actions and has presented cases to arbitration panels. Cynthia regularly writes or audits personnel handbooks and provides personalized training to employers in discrimination and harassment law. Cynthia has defended all types of personal injury and property damage claims, including wrongful deaths, products liability, premises liability, business torts, construction claims, and all manner of employment actions, often obtaining partial or complete summary judgment. Cynthia assists businesses in their transactions, including medical practices, advising them on health law.

Cynthia graduated from the University of California, Santa Barbara in 1978, earned her Juris Doctor from Arizona State University in 1982, served a student externship on the Alaska Supreme Court in 1981 for six months, served as a law clerk on the Superior Court from 1982-83, worked as an Assistant District Attorney from 1984-1989, was a shareholder at Guess and Rudd from 1990-1994 and was a shareholder at Delaney Wiles Inc. from 1995-2016, before opening Ducey & Associates LLC.

Admissions

  • Alaska Bar Association, 1983
  • California Bar Association, 1983
  • Ninth Circuit Court of Appeals
  • U.S. District Court, Alaska

Professional Associations

  • Defense Research Institute, Employment Law Section
  • American Bar Association, Employment Law Section

Representative Cases

  • Miller v Safeway, 102 P.3d 2004 (Alaska 2004); 170 P.3d 655 (Alaska 2007) (held: company grooming policy for at-will employees, which required males to keep hair above collar did not constitute gender, race, religious discrimination, did not violate constitutional right to privacy and did not violate the breach of the implied covenant of good faith.
  • Domke v Ebasco Services, Inc., Champion Technology Inc., 137 P.3d 295 (Alaska 2006); (Court affirmed denial of motion for new trial, in which plaintiff obtained a net verdict of approximately $5000 and the defense thus prevailed on an offer of judgment and obtained a judgment against plaintiff totaling in excess of $185,000.
  • Charles v Stout, 308 P.3d 1138 (Alaska 2013), (held: passenger injured in accident was not intended third party beneficiary who could sue to enforce contract rights between auto lender/lienholder and driver/debtor in order to obtain insurance benefits.
  • O’Leary v Superior Court, Third Judicial District, 816 P.2d 163 (Alaska 1991) (Successful litigation on behalf of local newspaper under the state’s Public Records Act to secure disclosure of additional portions of grand jury report).
  • Obtained summary judgment in wrongful termination for local retailer in wrongful termination in U.S. district court, affirmed on appeal, in case alleging race/gender discrimination, certiorari to U.S. Supreme Court denied.
  • Obtained summary judgment in wrongful death case involving infant who died at child care facility after discovery revealed that child died from bacterial infection.
  • Obtained summary judgment in wrongful termination case for Alaska Native contractor on the basis of sovereign immunity.
  • Obtained partial summary judgment in wrongful termination case, defending municipal police department alleging gender discrimination; case then settled for less than $5000.
  • Obtained partial summary judgment in wrongful termination case defending local community college alleging FMLA violation; case then settled for less than $5000.
  • Obtained a favorable settlement for a plaintiff homeowner in residential construction litigation, alleging construction defects involving cementitious siding panels, negligence and Unfair Trade Practices by general contractor.
  • Obtained agreement from plaintiff to dismiss premises liability lawsuit in the middle of plaintiff’s deposition testimony; plaintiff’s damages included hip replacement.