Weir v. Capers
Successfully defended Capers Café & Catering Co. from a proposed FLSA collective action and a FRCP 23 class action that alleged federal and state wage and hour violations. Capers Café and DWT prevailed on summary judgment on the majority of claims and then resolved the case by a small settlement, without class action or collective action certification. (D. Ore. 2012)
Belknap et al. v. U.S. Bank
Successfully obtained ruling of class action decertification, of wage claim, following five years of litigation. On appeal, obtained affirmance of trial court’s decertification order and obtained reversal of trial court’s attorney fee award to named plaintiffs. 235 Or. App. 658 (2010), rev den 349 Or. 654 (2011)
Thomas et al. v. U.S. Bank
Successfully petitioned Court of Appeals for interlocutory appeal and then successfully obtained reversal of trial court’s denial of motion to dismiss class claims. 244 Or. App. 457, rev. den. 357 Or. 401, 268 P.3d 152 (2011)
McElmurry et al. v. U.S. Bank
Defeated multiple collective action certification motions under the Fair Labor Standards Act seeking certification of claims alleging misclassification of management-level employees and alleging off-the-clock work. Court twice denied certification on each claim. (2004 WL 1675925 D. Or. 2004; 2005 WL 2494932 D. Or. 2005; 2005 WL 249 2932 D. Or. 2005; 2006 WL 3908536 D. Or. 2006). Before the Ninth Circuit on appeal, successfully obtained dismissal of appeal and denial of petition for writ of mandamus. 495 F.2d. 1136. (D. Or. 2007)
Rivera et al. v. U.S. Bank
Obtained summary judgment dismissing all class action claims in wage and hour class action. Before Oregon Supreme Court, successfully obtained denial of petition for writ of mandamus.(Multnomah Cnty. (Or.) Cir. Ct. 2006) Read more
Tate et al. v. U.S. Bank
Successfully obtained dismissal of class action claims alleging misclassification of management-level employees. (Multnomah Cnty. (Or.) Cir. Ct. 2008)
Capps, et al., v. U.S. Bank National Association
Defeated class certification of late pay claim. (D. Or. 2010)
Lowdermilk v. U.S. Bank
Successfully defeated class action certification and obtained dismissal of class claims with prejudice. (Multnomah Cnty. (Or.) Cir. Ct. 2007)
In re Consolidated Hyundai Plant Litigation
Represented construction contractor Kinetics Systems in a $21 million breach of contract arising out of the construction of a computer chip manufacturing facility. Case settled.
Louisiana Pacific Co. v. Aetna Casualty & Surety, et al.
Represented Travelers Insurance Companies against claims seeking insurance coverage for defective LP exterior siding.
Viacom Inc. v. Hollywood Entertainment Corp.
Represented plaintiff in a multimillion-dollar misappropriation of trade secrets (real estate acquisition methods and targets) and unfair competition case. Defended antitrust counterclaims brought against Viacom Inc. and Blockbuster Entertainment. The counterclaims sought damages of $1 million as well as various forms of injunctive relief including divestiture. The case settled after the filing of summary judgment motions prior to trial. Civil No. 95-115-MA (D. Or. 1995)
Premier Technologies v. State of Oregon
Represented plaintiff in an $18 million breach of contract and administrative action brought against the State of Oregon. The case settled during appeal after a three-week jury trial. 92C10520 (Marion Cnty. (Or.) Cir. Ct.)