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Contact Marie

3400 U.S. Bancorp Tower
111 S.W. Fifth Avenue
Portland, OR 97204
T: 503.205.2477

C. Marie Eckert

Partner
Defended franchisee against claims by state attorney general that it engaged in unlawful trade practices and failed to adequately disclose the costs and terms of its services and products. Engaged in extensive negotiations with the attorney general that ultimately resulted in resolution of claims without litigation and handled related insurance coverage issues.
Defended institutional trustee in trust litigation in which plaintiffs sought $3.7 million in compensatory damages and $74.6 million in punitive damages based on claims of breach of fiduciary duty, conversion, fraud, and unjust enrichment. Case settled favorably after one week of jury trial.
Successfully represented various financial institutions in actions by consumers alleging wrongful foreclosure, violations of the Truth in Lending Act, the Real Estate Settlement and Procedures Act, the Fair Housing Act, and claims related to the proper role of the Mortgage Electronic Registrations Systems, Inc. in real estate transactions.
Represented former owner of wood products facility in negotiating insurance coverage for environmental contamination and cost-sharing agreement with multiple insurers. Continue to represent client with respect to ongoing coverage issues related to defense and indemnity costs.
Successfully represented various financial institutions in judicial foreclosure actions and actions on personal guaranties arising from multi-million dollar real estate ventures, including defense of lender liability counterclaims.
Represented financial institution in federal-court action for breach of contract, fraud, and violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) and in adversary proceeding in related bankruptcy action against the perpetrators of a credit-card scam involving a merchant account. Succeeded in obtaining judgment against one defendant for $3.9 million and judgment against another defendant for $12.7 million, including treble damages for RICO violations.
Obtained summary judgment for credit union client on large loan collection claims and obtained summary judgment against defendants on lender liability counterclaims.
Defended franchisee against claims by state attorney general that it engaged in unlawful trade practices and failed to adequately disclose the costs and terms of its services and products. Engaged in extensive negotiations with the attorney general that ultimately resulted in resolution of claims without litigation and handled related insurance coverage issues.
Represented managing member of limited liability company in dispute with former member involving business valuation and claims for breach of contract and usurpation of corporate opportunity.
Represented various businesses in breach of contract and business tort claims.
Represented financial institution as local counsel in putative class action challenging enforceability of arbitration provision in consumer agreement. Case proceeded in multiple forums and ultimately resulted in ruling in favor of client.
Defended financial institution in “faithless bookkeeper” check case alleging approximately $800,000 in damages based on common-law conversion and Uniform Commercial Code claims with respect to 570 allegedly unauthorized checks. Case settled in advance of trial after grant of partial summary judgment in favor of client.
Defended financial institution in lender liability action alleging damages of $2.4 million based on claims of impairment of suretyship status, aiding conversion, and foreclosure of proceeds arising from a loan and letter of credit issued in conjunction with a logging operation. Handled two-day pretrial evidentiary hearing with ruling on key issue in favor of client. Case settled after jury selection at the commencement of four-week trial.
Represented former rail car manufacturer in obtaining insurance coverage for environmental contamination arising from Portland Harbor Superfund site. Case resolved favorably after filing of insurance coverage complaint. Continue to represent client with respect to ongoing coverage issues related to defense and indemnity costs.
Represented financial institution in petition for instructions regarding magnitude of appropriate discretionary distributions to lifetime beneficiary and issue of whether the trustee was required or permitted to take into account the other resources of the beneficiary. Case settled after favorable ruling for institutional trustee.
Defended family trustees in action for breach of fiduciary duty involving valuation and distribution of family-owned limited liability company and dispute regarding propriety of discounts for lack of marketability and control. Trustees prevailed on summary judgment after extensive discovery.
Represented various charitable organizations in a variety of contested probate and trust proceedings regarding bequests to the charities.