Client Collaborations

Represented numerous businesses in breach of contract and business tort claims.

Defended franchisee against claims by state attorney general that it engaged in unlawful trade practices. Engaged in extensive negotiations with the attorney general that ultimately resulted in resolution of claims without litigation; handled related insurance coverage issues.

Represented real estate brokerage in defending a False Claims Act suit brought by an purported whistleblower. Obtained dismissal of the claim on the basis that the court lacked subject matter jurisdiction because plaintiffs were not the original source of the information on which the claim was based.

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.

Major builder’s risk insurance recovery for new Oregon data center. Successful litigation and mediated resolution of a project owner’s $8 million claim against its builder’s risk insurance carriers following two explosions and fires during the construction of a 250,000 sq. ft. data center in Washington County, Oregon. The builder’s risk insurers’ untimely and unreasonable claims adjustment resulted in zero payment to the project owner prior to Miller Nash’s involvement. Litigation involved extensive discovery of electronically stored information and depositions, in addition to summary judgment briefing and other motions. With the assistance of a mediator, the vast majority of the owner’s losses were recovered.

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.

$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.