Litigation
About
The Litigation Group represents clients in complex business and civil litigation, including contract disputes, environmental law, real property disputes, construction disputes, estate and trust litigation, and state and federal court appeals. The lawyers are admitted to practice in the state and federal courts in Oregon and Washington, as well as the Ninth Circuit Court of Appeals.
The Litigation Group’s regular services include:
Business & Commercial Litigation
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The lawyers in the Litigation Group are experienced in a broad range of business and commercial cases. They vigorously represent our clients who are engaged in disputes. They believe that thorough analysis of the facts and law of each case and its economics will allow clients to achieve their litigation goals.
The lawyers have represented clients in state courts throughout Oregon and Washington, including the Oregon Court of Appeals and the Oregon Supreme Court. They have appeared in federal trial courts, bankruptcy courts and the Ninth Circuit Court of Appeals. They have represented clients in AAA arbitration, ASP arbitration and in various mediations. They have handled numerous commercial disputes, including:
- Representing a business buyer to enforce a noncompetition agreement against the seller who opened a competitive company
- Representing a farmer in a complex breach of warranty action against a supplier whose product destroyed the farmer’s crop
- Defending a newly formed company against a competitor and former employer that sued for unfair competition and breach of nondisclosure and noncompetition agreements
- Defending shareholders and partners in suits brought by minority owners for breach of fiduciary duty and dissolution of entities
- Defending employers in federal and state courts for sexual discrimination, sexual harassment and wrongful discharge
- Representing timber owners against a major timber products company in a breach of contract and timber trespass case
- Defending franchisor against former franchisee’s claims of breach of contract and fraud
- Defending and prosecuting construction defects litigation for owners, contractors and subcontractors in both residential and commercial buildings
- Representing minority owner in a multi-entity family business in breach of fiduciary duty, dissolution and valuation action
Construction Litigation
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Our Construction Litigation Group provides advice in many areas of compliance and operations, including lien preparation and enforcement, construction and design contract preparation and enforcement, construction and design insurance disputes and coverage, Davis Bacon and prevailing wage matters, including fringe compliance and retirement and health plans, defined benefit retirement plans and union plans and environmental issues including stormwater management and environmental site assessments. We also represent our clients in disputes, including lien enforcement, construction defects, and disputes with the Construction Contractors Board.
Estate & Trust Litigation
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The lawyers in the Litigation Group have represented personal representatives, trustees, and family members in a number of estate and trust disputes. They have prosecuted and defended claims of incompetence and undue influence in the execution of a number of different estate planning documents. They lawyers have filed and defended petitions for instructions filed with circuit court challenging trustee’s administration of trusts, as well as various objections to accountings and distributions of probate estates.
Representative Transactions
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- Prosecuted claims for landowners against major forest products company for breach of contract and timber trespass.
- Defended real estate developers in action to limit construction of custom homes in residential subdivision.
- Before the Court of Appeals, saved a beachfront property that encroached on a historic easement from a judgment that would have required the destruction of the home. See reported Case: Vossen v. Forrester, 326 Or. App. 323 (1998).
- Represent shopping mall with collections, eviction and other lease enforcement issues.
- Prosecuted landowners claims against neighboring business and formers owners to recover costs of environmental clean up of site.
- Defended landowners in condemnation claim by DOT as part of its Kuebler Exchange Project.
- Defended landowners in various condemnation claims by local governments and state agencies.
- Defended landowners in condemnation claim by DOT as part of its Highway 97 Expansion Project.
- Defended property owners against breach of contract and fraud claims by neighbors concerning alleged violation of view corridor.
Real Property Litigation
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The lawyers in the Litigation Group represent clients in litigation involving disputes overuse, ownership, and security interests in real property. They represent commercial, agricultural, and private ownership interests. They handle a wide variety of cases, including real estate contract disputes, lease dispute and evictions, boundary disputes and adverse possession, foreclosures, environmental litigation, and condemnation. Their practical approach to litigation ensures that the client is always well informed and able to make thoughtful decisions regarding litigation and settlement strategy.
- Contract Disputes. They handle disputes between parties to land sale contracts and earnest money agreements.
- Lease Disputes and Evictions. They represent commercial and residential landlords and tenants in the enforcement of leases, either through collection of back rents or eviction.
- Boundary Disputes and Adverse Possession. They represent clients in establishing or defending against claims of title in land or easement interests by adverse possession.
- Foreclosures. They institute and maintain judicial and non-judicial foreclosure actions on behalf of commercial and private lenders.
- Environmental Litigation. The lawyers prosecute and defends cases under state and federal laws involving claims against potentially responsible parties for contribution of costs of investigation and remediation of environmental wastes.
- Condemnation. They represent land owners in condemnation and takings cases. Frequently, these cases concern a dispute over the property’s development potential in the reasonably foreseeable future. Their expertise in land use matters serves clients well in these disputes.