Litigation

Ball Janik has a comprehensive commercial litigation practice. We have one of the premier litigation practices in the Northwest. Lawyers in the firm’s litigation group are committed to representing the firm’s clients in a pragmatic and cost-effective manner. The litigation department excels in representing both plaintiffs and defendants in complex disputes of all types, including class actions. Lawyers in the firm regularly appear before judges and juries in federal and state courts throughout Oregon, Washington, Idaho, California, and the District of Columbia, as well as state and federal administrative agencies and arbitration panels.

The firm has represented plaintiffs and defendants in a variety of high-stakes cases. We have obtained two of the largest judgments in Oregon history. Examples include:

• Fraudulent Transfer.  In a state trial court in Portland, the firm obtained the largest jury verdict in the United States in 2006 and the largest verdict ever in Oregon history.  The case, a highly complex fraudulent transfer action (which also included successful claims of successor liability and piercing the corporate veil) on behalf of MAN AG, a German industrial company, against Freightliner LLC and its DaimlerChrysler affiliates, resulted in a verdict of approximately $850,000,000 in compensatory damages and $350,000,000 in punitive damages.  The punitive damage award was, by far, the largest in Oregon history.  This case is a primary example of the aggregate skill of the firm's trial lawyers in successfully handling complex, sophisticated business and accounting disputes.

• Construction Cost Overruns.  In state court in southwestern Washington, the firm successfully defended the owner of a semiconductor manufacturing facility against a major construction cost overrun claim amount. After a four week jury trial, the plaintiff's entire claim was found to be without merit. Our client was also awarded over $1 million in prevailing party fees, which was affirmed on appeal.

• Broker Negligence.  In federal court in Idaho, the firm defended the world’s largest reinsurance broker in a case brought by an insurer that allegedly suffered over $55 million in damages stemming from our client's placement and negotiation of reinsurance. The case settled very favorably on the eve of trial for a minimal sum, after successful motions practice and key factual admissions were obtained.

• Civil Rights.  In federal court in Seattle, the firm successfully defended the Washington State Public Stadium Authority, obtaining summary judgment against constitutional claims challenging the legality of patdown searches before Seattle Seahawks games.

• Breach of Contract.  After a favorable decision by the Oregon Supreme Court, the firm obtained a $225 million award against the State of Oregon in a class action brought by Oregon employers against a state workers’ compensation fund.

• Trade Secrets.  In federal court in Los Angeles, the firm defended a $30 million trade secret misappropriation claim by a Hollywood screenwriter against a Portland software developer. On the eve of trial the case settled, and is subject to a tight confidentiality agreement. In federal court in Portland, the firm obtained dissolution of a restraining order and summary judgment against non-competition claims brought by a manufacturer against a firm client, a terminated distributor. On many occasions, the firm has also successfully prosecuted the enforcement of trade secrets laws and non-competition agreements.

• Real Estate.  In federal court in Portland, the firm obtained a favorable trial ruling for the City of Portland on its claim that a TrailBlazers’ affiliate was required to make several million dollars in capital improvements to make the Rose Garden a first-class NBA arena, as required by the City's lease. In federal court in Portland, we also defeated efforts by a national retailer which sought to enjoin our client from making significant improvements to a downtown office tower, which allegedly interfered with the retailer’s lease rights.

• Construction Defects.  The firm has tried construction defect cases in Oregon and Washington, obtaining jury verdicts and appellate decisions in favor of its clients in both states. The firm has significant expertise in all sides of construction defect and design disputes. We have successfully represented clients in both prosecuting and defending such claims, obtaining over $50 million in settlements or judgments in such cases. The firm has also been highly successful in obtaining insurance coverage for design and construction defect problems.

• Power Cost Sharing Litigation.  In federal court in Seattle, the firm defended a Washington public utility district in cost-sharing litigation involving Washington nuclear plants.

• Attorney Malpractice.  In state court in Portland, the firm successfully obtained summary judgment for a professional service provider against a multi-million dollar malpractice claim, which resulted in dismissal of the litigation.

• Securities Fraud.  In federal court in the District of Columbia, the firm obtained dismissal of all claims against a former Fannie Mae director who was named as a defendant in several securities fraud and shareholder derivative actions brought against Fannie Mae and its directors and officers.

• Securities Broker Matters.  The firm has represented plaintiffs and defendants in the state and federal trial courts, and in arbitrations before the NASD.

• Insurance Coverage.  In federal court in Portland, the firm successfully represented an Oregon manufacturer in an insurance coverage action against its carrier in a dispute that resulted from accounting irregularities, restated earnings, securities litigation, and an SEC investigation.

• Employment.  The firm has successfully defended numerous clients in employment disputes before federal and state agencies and courts. The employment group is experienced in successfully handling discrimination, harassment, wage and hour, class action, whistleblower, disability and medical leave, ERISA, and wrongful termination claims.

• Business Torts.  In federal court in Portland, the firm represented a small telecommunications company in a jury trial against AT&T. The jury awarded the firm's client $13 million, at the time one of the largest non-class action verdicts in Oregon. AT&T later obtained a reversal by the U.S. Supreme Court.

• Antitrust.  In federal court in Portland, we also brought a price discrimination case by gasoline station operators against two oil companies who charged different prices to retail chains operated by wholesalers, as compared to stations operated by individual retailers. The case settled on confidential terms.

• Intellectual Property.  In a federal case in Portland, we developed strong evidence that a Portland radio station formerly known as "Rosie 105" had copied its logo from the TV show hosted by our client, Rosie O'Donnell.

• Distribution and Franchise.  In state and federal cases, the firm has defeated efforts to prevent a Seattle-based brewer from terminating distributors. In federal court in Portland, in a price discrimination case brought by a truckstop operator against an oil company, lawyers in the firm obtained a jury trial award of $7.5 million, an award later reduced by the Ninth Circuit. In a federal case brought on behalf of a large Seattle-area franchisee of a well-known franchisor, the firm developed evidence of fraud by the franchisor, which led to a favorable confidential settlement of the suit.

• Environmental.  In federal court in Tacoma, the firm defended environmental claims of as much as $50 million against a Washington manufacturer. The case was settled in a creative way, which included the sale of our client’s property to the plaintiff, a Washington port authority, which also agreed to indemnify our client. In state court in San Francisco, the firm represented an Oregon company on claims contending that its products contained dangerous substances, and the firm settled the claims for less than $20,000.

• Timber.  In state court in north central Washington, the firm obtained summary judgment against claims that challenged timber cutting rights acquired by our client. In state court in southern Oregon, the firm obtained a $1.6 million judgment in favor of a client who was defrauded in a timber deal. In federal court in Portland, the firm defeated an environmental group’s challenge to a salvage logging contract between the federal government and our client.

• Administrative Regulation.  In federal court in Florida, the firm successfully challenged a National Marine Fisheries Service regulation closing the entire Gulf of Mexico to grouper fishing in 2005 and 2006. In federal court in Texas, the firm successfully challenged federal catch limits on red snapper that did not consider impacts of shrimp fishing. The firm has also represented a major Northwest ski area in the development of new facilities and a new master plan, including successful defense of NEPA documents in administrative appeals and before the federal courts.

• Shareholder and Partnership Disputes.  In state court in Portland, the firm successfully represented investors who sought to oust the managing member of a Seattle hotel development company. In an arbitration, we defeated arguments that the exclusion of new partners from an information sharing partnership violated the partnership agreement and anticompetition statutes. In court proceedings and arbitrations, the firm has successfully handled many other such disputes.

Ball Janik LLP Top Ranked by Chambers USA 2008