Client Collaborations

Represented Louisiana-Pacific (respondent) on appeal from defense verdict in claim by State of Oregon for restitution of costs of suppressing forest fire. Louisiana Pacific v. State, 166 Or App 205 (2000)

Represented Springfield School District (appellant) in appeal from judgment for defendant in public records act case. Springfield School District v. Guard Publishing, 156 Or App 176 (1998)

Iván has handled high-stakes appeals in a wide range of subject areas, including commercial disputes, CERCLA issues, constitutional law issues, criminal justice issues, education law issues, ERISA disputes, insurance coverage, tort claims, and securities claims. His experience includes appellate motions and petitions, merits and amicus briefing, and oral argument (before the U.S. Court of Appeals for the Ninth Circuit and the Oregon Court of Appeals), petitions for writs of mandamus and petitions for review and responses to the Oregon Supreme Court, as well as amicus briefs in the Oregon Appellate Courts and U.S. Supreme Court. Including the following matters:

Successfully defended school district on appeal regarding claims under the Oregon Tort Claims Act brought by current employees.

Successfully defended university on appeal regarding claims for violations of the Civil Rights Act of 1871, including a “Section 1983” claim, and the Anti-Terrorism Act.

Successfully defended one of the nation’s largest insurance brokerages on appeal in a dispute regarding the enforceability of post-employment restrictive covenants. Aitkin v. USI Ins. Servs., LLC, No. 21-35497, 2022 WL 1439128 (9th Cir. May 6, 2022).

Successfully defended a private university on appeal regarding claims for breach of contract and unjust enrichment brought by a former graduate student. Gallagher v. Capella Educ. Co., No. 21-35188, 2021 WL 6067015, at *1 (9th Cir. Dec. 20, 2021).

Successful defense of university on appeal—including handling the oral argument—regarding claims for failure to accommodate and disability discrimination under federal law and breach of contract and estoppel under state law brought by former graduate student.

Successfully represented immigrant detainee, who fled from Venezuela during the Hugo Rafael Chávez regime, on appeal regarding the right to counsel in administrative removal proceedings under the Immigration and Nationality Act. This was a pro bono matter taken through the Ninth Circuit’s Pro Bono Program. Victor Manuel Fonseca v. Merrick B. Garland, U.S. Court of Appeals for the Ninth Circuit, Case No. 19-72162.