Client Collaborations

Successfully challenged the National Women’s Soccer League’s minimum age rule in U.S. District Court as an illegal boycott in violation of federal antitrust law on behalf of 15-year-old professional soccer player Olivia Moultrie. Trial team obtained a temporary restraining order and a preliminary injunction in this landmark case, prohibiting the NWSL and its teams from boycotting Moultrie due to her age. Achievements also included securing favorable rulings on significant questions arising out of federal antitrust and labor law, including that the NWSL and its teams did not constitute a “single entity” for antitrust purposes and that Moultrie’s claim was not precluded by federal labor statutes and did not interfere with ongoing collective bargaining between the NWSL and the NWSL Players Association. Case culminated in the negotiation of a settlement ensuring Moultrie’s right to continue playing in the NWSL, subject to the provisions of any final collective bargaining agreement.

Governmental Takings. Represented client in claims against governmental entities for de facto taking of private property, including injuries to land as a result of public works projects.

Breach of Fiduciary Duties. Assisted small manufacturing company in obtaining a multimillion-dollar recovery against large transnational corporation arising out of claims that the transnational corporation breached fiduciary duties owed to its implied joint-venture partner.

Court Sanctions on Adverse Party. Obtained rare terminating sanction against opposing-party plaintiff for violation of discovery rules. Opposing party was also ordered to pay substantial portion of client’s fees.

Insurance Coverage. Obtained summary judgment that ruled a commercial property destroyed by fire was covered by an insurance policy, even though client had failed to list the property in the schedule of insured properties.

Opposition to Discovery in Litigation. Assisted Italian entity in complex case involving four separate jurisdictions (state court, two federal district courts, and federal bankruptcy court) to undo personal service and avoid the production of documents from abroad.

Archdiocese of Portland v. ACE, et al. Directed insurance recovery litigation on behalf of The Archdiocese of Portland in Oregon against various insurance companies. Successfully recovered more than $75 million from insurers for settlement of numerous tort claims. Since then, Kieran has also directed similar insurance recovery efforts on behalf of other religious organizations against their insurers.

Wyndham Resort Development Corporation et al. v. Swinerton Builders Northwest, Inc., et al. Multimillion-dollar recovery in the largest construction-defect case in the history of the state. Case involved claims of negligence, breach of contract, and breach of warranty. Representation of The Resort at Seaside against a general contractor and some 28 additional subcontractors, architects, designers, vendors, and material suppliers. Case complexities included dealing with condominium association rights and complex insurance and coverage issues.

Successful resolution of state court insurance coverage recovery action against multiple national and international insurers for a multinational manufacturer named as a potentially responsible party in the ongoing extensive Portland Harbor cleanup. As a part of that proceeding, obtained an antisuit injunction prohibiting insurers from continuing with a duplicative action brought by them in another state seeking a declaratory judgment of no coverage. Coverage was sought for the client under insurance policies of predecessor companies that had owned the client's current Portland facility within the Portland Harbor cleanup study area.