State v. Lawrence
For more than six years, Tom worked on appeals raising constitutional challenges to the conviction of a young mentally ill Native American suffering from the effects of fetal alcohol spectrum disorder. The Washington Supreme Court referred the case back to the trial court for a hearing on the defendant’s competence to waive his right to counsel. After a two-day hearing involving lay and expert witness testimony, the court found in favor of the defendant. That led to an appellate court decision to vacate the conviction and remand the case for a new trial on the original charges, which, in turn, resulted in a new sentence reduced by more than 50 years.
Gary M. Klein, et al. v. West Coast Bancorp, et al.
Tom represented an acquired bank in a shareholder class action alleging breach of fiduciary duty in approving a merger. The case settled while our motion to dismiss was pending.
IBEW Local 98 Pension Fund, et al. v. Cascade Corporation
Tom represented a manufacturing company in a shareholder action alleging breach of fiduciary duties by company directors in connection with a merger. The case was settled while our motion to dismiss was pending.
Hemstreet, et al. v. Merrill Lynch Mortgage Capital Inc.
The district court issued an opinion and order granting our motion for summary judgment on plaintiff’s claims for fraud, breach of contract, negligence, and intentional interference with contract.
Norman G. Lewis v. Washington State University, et al.
Our client, a state university, won a decision from the United States Court of Appeals for the Ninth Circuit which held that a tenured professor failed to establish a constitutionally protected property right to continue as project director of a federal grant. The decision was upheld on appeal to the United States Supreme Court.
Sibley v. Portland Public School District
Our client, Portland Public School District, won a jury verdict after a four-week trial, defeating claims by a former administrator who alleged “whistleblower” retaliation, defamation, “false light,” battery, and intentional infliction of emotional distress when her position was eliminated after she raised concerns about safety in special education programs.
Sulzer Pumps v. Pacific Indemnity, et al.
We successfully resolved long-tail insurance coverage for superfund environmental claims after 18 months of litigation in two states that included winning Oregon’s first recorded antisuit injunction prohibiting insurers from continuing with a duplicative action brought by them in another state seeking a declaratory judgment of no coverage.
DeJong v. WinCo Foods, LLC
Won a jury verdict after a four-day trial defeating all claims arising from plaintiff’s termination of employment. Plaintiff alleged that he had been discriminated and retaliated against for utilizing the workers’ compensation system after an injury on the job.
$75 Million Recovery―Bodily Injury/Religious Institutions
Acting as lead counsel for the Archdiocese of Portland in Oregon’s insurance coverage team, we recovered more than $75 million from their insurers after years of litigation and mediation.
Snider v. Barrett Business Services, Inc.
Our client (the employer) won a unanimous jury verdict in a case brought by plaintiff, a disabled worker, for discrimination and retaliation in her employment. The judgment was affirmed by the Oregon Court of Appeals.
Spicer v. Cascade Health Services, Inc.
We won a unanimous jury verdict in favor of our hospital client, the employer, after nearly three weeks of trial in federal court. Plaintiff, a nurse manager, brought claims against the hospital for discrimination, retaliation, and breach of confidentiality, based on her post-traumatic stress disorder. The Ninth Circuit Court of Appeals affirmed.
Van De Hey v. U.S. National Bank of Oregon
We prevailed in each of two separate state court proceedings, including two rounds in the Oregon Court of Appeals and in the Oregon Supreme Court, as well as in a separate action filed by plaintiffs in federal court. This series of cases was brought by trustees of various employee benefit trusts and alleged violations of the Employee Retirement Income Security Act of 1974.
ITEX Corporation and SLI, Inc. v. Saul Yarmark; Stephen Friedland; Business Exchange International Corp., and BX International
We represented plaintiff, a public company, in litigation arising from the disputed acquisition of a 50 percent stake in a privately held competitor. We recovered judgment along with an award of damages to compensate our client for attorney fees and court costs. The case was then settled on appeal.
Clopper v. Merrill Lynch Relocation Management, Inc.
We prevailed on behalf of defendant in a jury trial, on appeal to the Ninth Circuit Court of Appeals in the primary action, as well as in ancillary proceedings against opposing counsel, also appealed to the Ninth Circuit. This case began as a real estate dispute over competing property appraisals.
Downs v. Waremart, Inc.
The Oregon Supreme Court affirmed summary judgment on behalf of our client, the employer, on all claims except for defamation (an issue of first impression), which was resolved by settlement on remand. The case was brought by a discharged employee who sought damages for a variety of claims arising from her discharge, including defamation.
Howard v. Waremart, Inc.
After a five-day trial, the jury returned a verdict “in favor” of the plaintiff for only $2. This case involved a wrongful-discharge allegation and “whistleblower” claim brought by a former employee against our client. The court of appeals remanded the case for further proceedings because it disagreed with the trial court’s decision to grant a motion for directed verdict on the issue of punitive damages. The case then settled.
Byun, et al. v. Winco Foods, Inc.
The trial judge dismissed all claims on our motion for directed verdict at the conclusion of plaintiffs’ case. The action was brought by five Korean grocers alleging violation of public accommodation statutes based on ethnic origin.
Epiq Systems v. Prutsman
This case involved competing litigation in two different state courts and a federal court. After a two-day trial, we obtained a preliminary injunction enforcing a covenant not to compete and protecting trade secrets.
All Phase Utility Corp. v. Williams Communications, Inc.
We represented defendant and prevailed on a motion for summary judgment after plaintiffs sought to recover nearly $500 million, alleging that defendant had absconded with route and stationing information and then built a fiber-optic route in violation of the Oregon Trade Secrets Act and a nondisclosure agreement.
Wasco County Voter Registration Hearings
When Bhagwan Shree Rajneesh and his followers threatened to take over the government of Wasco County, Tom joined other Miller Nash lawyers in donating their time to take buses to The Dalles, Oregon, to hold voter qualification hearings for registered voters. Our efforts to protect the sanctity of the ballot box received national and international attention.
Citizens’ Rights and Obligations Under Public Accommodation Laws
When citizens of Grant County, Oregon, were concerned that a neo-Nazi group would locate its headquarters in the county, Oregon’s Attorney General asked Tom to lead a Miller Nash team to advise the citizens on their rights and obligations under public accommodation laws.
Grifphon Asset Management Litigation
Tom represented a group of investors in recovering funds lost due to a ponzi scheme.