Client Collaborations

Successfully tried one of the first social-distanced pandemic jury trials in Washington over the condemnation of several permanent and temporary rights abutting the building frontage of one of the region’s largest airlines to allow the local transit authority to construct and operate its light rail project. The parties were over hundreds of thousands of dollars apart and the jury returned a verdict in our client’s favor.

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.

Defended family-member trustees in dispute with sibling beneficiaries, regarding valuation and management of ongoing family business enterprise, including disputes regarding discounts of fractional interests in business for lack of marketability and control; prevailed on summary judgment.

Secured regulatory exemption from shoreline management rules for cannabis business as a non-agricultural use.

Assist client with leasing of retail store locations across the country.

Assisted for-profit client in developing suburban transit-oriented affordable housing complex. Gave advice with respect to structuring the multiple sources of state and local financing. Assisted in negotiations regarding and documentation of bank financing and investment by equity investor.

Washington State Department of Revenue v. F.D.I.C., Case No. 71524-1-I (2015). Represented respondent F.D.I.C. (on the briefs, but did not argue the case).

Successfully tried a condemnation bench trial over the taking of an auto dealership to allow the local transit authority to construct and operate its light rail project after having successfully defeated a motion for summary judgment to expand claimed damages by more than $10 million and precluding an award of fees or costs to the owner.

Arbitrator of significant differing site conditions and defect claims on public improvement project as panel chair, which involved a bifurcated hearing with preliminary findings and final award.