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Admitted to Practice

  • Oregon, 2010
  • Washington, 2016
  • U.S. District Court District of Oregon, 2011
  • U.S. Court of Appeals 9th Circuit, 2011

Tim Cunningham

Cuningham CunninghamTim Cuningham

Tim Cunningham focuses on appellate, insurance, and commercial disputes in state and federal courts. His clients include health care providers, telecommunications companies, media companies, and financial institutions. Tim counsels his clients on matters such as contract disputes, public records disputes, insurance coverage, and tort liability.

Representative Experience

Medina v. Letsis et al.

Representing plaintiff in a Section 1983 complaint against an individual officer, the City of Portland, the City of Gresham, and the Tri-County Metropolitan Transit District (Tri-Met) in a claim stemming from an officer’s interruption of a live broadcast while plaintiff was filming an arrest. (D. Or. Ongoing)

Greenwood Products, Inc. v. Greenwood Forest Products, Inc.

Obtained affirmance in the Oregon Supreme Court of trial court ruling denying directed verdict motions in a complex commercial dispute, reversing the Court of Appeals decision. 351 Or. 604, 273 P.3d 116 (Or. 2012). Obtained second affirmance in the Oregon Supreme Court of the trial court ruling denying a motion for new trial, again reversing the Court of Appeals decision following prior remand. 357 Or. 665, 359 P.3d 219 (2015). Obtained final affirmance in the Oregon Court of Appeals on remand of remaining issues for decision. 275 Or. App. 1020, 365 P.3d 153 (2015)

Penguin Random House v. American Buddha

Obtained summary judgment for Penguin Random House in its copyright infringement claims against a nonprofit placing publisher’s works online and claiming fair use because of transformative searchability. (D. Ariz. 2015)

State v. Babson

Cooperated with the ACLU representing defendants against trespass charges for engaging in a vigil on the Oregon Capitol Steps, resulting in overturning convictions at the Oregon Court of Appeals and the Oregon Supreme Court. (2008-2015)

Christenson v. FLTI, et al.

Successfully defended publisher, Campus Crusade for Christ, in copyright action against claims of substantial similarity infringement. (D. Or. 2013)

Gap Funding v. Oak Hill Roofing Co.

Represented plaintiff in breach of contract action, leading to advantageous settlement. (2012)

Major long term care provider

Represented parent company in dispute with subsidiary regarding parent’s ability to control the board of the subsidiary. (2012)

Witt Co. v. Collaborative Community Education

Represented plaintiff in contract dispute. Successfully defended motion to dismiss and obtained judgment for plaintiff. (2012)

Additional Qualifications

  • Law Clerk, Hon. Noel Anketell Kramer, District of Columbia Court of Appeals, Washington, D.C., 2010-2011
  • Summer Clerk, Davis Wright Tremaine, Portland, Ore., 2008 and 2009
  • Legal Intern, WaterWatch of Oregon, Portland, Ore., 2007

Professional & Community Activities

  • Campaign for Equal Justice Associate Committee, 2012-2013
  • Attorney Volunteer, Oregon Appellate Pro Bono Project, 2012
  • Multnomah Bar association Young Lawyers Pro Bono Committee, 2012-2013
  • Volunteer Attorney, Outside In Legal Clinic, 2011-2013

Professional Recognition

  • Selected to "Oregon Rising Stars," Thomson Reuters, 2014-2018