Daniel H. Skerritt

Tonkon Torp LLP
1600 Pioneer Tower
888 SW Fifth Avenue
Portland, Oregon 97204

PHONE: 503.802.2024
EMAIL: dan.skerritt@tonkon.com
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Dan
Widely recognized for trial excellence during his past 35 years of practice, Dan represents both plaintiffs and defendants in their complex commercial litigation and disputes. He was the 2010-2012 State Chair of the American College of Trial Lawyers. He is a fellow and past state chair of the International Society of Barristers. Dan was named as one of the top 10 highest rated Oregon attorneys in the 2014 Oregon Super Lawyers® list.

His background includes litigation involving securities, corporate governance, energy and general business issues.

The defense of securities class actions and derivative claims is a particular area of achievement for Dan. He represents clients regionally, nationally and internationally. Dan’s IP litigation experience includes enforcement of high tech firms' noncompetition and trade secrets agreements.

Dan frequently serves as a mediator or arbitrator in commercial and other complex disputes. His listings in Best Lawyers in America© include ADR services. In addition, he regularly testifies as an expert witness on attorneys' fee issues.

Dan has achieved some of Oregon’s largest awards and settlements. Representative matters include:
 
  • William Davis et al. v. Cascade Tanks LLC et al. – Successfully abated breach of contract and business tort claims against client, enforcing foreign arbitration agreement, 2014, U.S. District Court for Oregon, case  NO. 3:13-cv—2119-MO.
  • Amen v. Roberts – $5.1 million arbitration award, reduced to judgment, February 2009, Josephine County, Oregon.
  • Star-Wood v. Swanson et al. – Plaintiff's verdict, 2008 breach of fiduciary duty claim.
  • Johnson et al. v. Buchanan Ingersoll – $850,000  verdict in 2008 legal malpractice case.
  • 2008 – Successful mediation of multiple plaintiffs' claims against a broker-dealer.
  •  State of Oregon v. Phillip Morris Incorporated – Served as one of the legal team members representing the state in Big Tobacco litigation which resulted in a $2.25 billion state settlement.
  •  PPM Energy, Inc. v. Black Hills Power, Inc. – Represented the plaintiff, an energy marketing company, in arbitration claims, for breach of an energy exchange agreement. Client was awarded $1.7 million in damages and favorable declaratory relief. In this private arbitration matter, the award was reduced to judgment in District Court, Jefferson County Colorado.
  • Burlington Northern Santa Fe Railway v. Gunderson Inc. – Obtained summary judgment for our client, the defendant, to defeat a $14 million products liability claim in Texas arising from a train derailment.
  • Gray and Company v. Archer Daniels Midland Company et al. – Successfully prosecuted plaintiffs’ antitrust case alleging price-fixing conspiracy by high fructose and corn syrup producers. Following successful appeal before the United States Court of Appeals for the Seventh Circuit, we negotiated a favorable settlement.
  • Word Logic v. Hewlett Packard – Settlement of plaintiff’s copyright infringement claims reported in Word Logic SEC filing (http://www.sec.gov/Archives/edgar/data/1139614/000110313204000042/wlq0604.htm).
  • Allen v. OHSU – Successfully represented Oregon Health & Science University in defense of a whistle-blower complaint.
  • eFusion v. Zuber – Obtained injunction enforcing high tech firm’s non-competition and trade secrets agreement.
  • Power Medical System v. Intermedics – Obtained $9 million plaintiff’s verdict resulting from failed merger of a medical device company.
  • Eischen v. AVIVA et al. – Defended a class action shareholder claim through to completed trial, challenging AVIVA- Reebok merger.
  • Midway-Sunset Cogeneration Company v. Southern California Gas – Achieved a judgment valued at more than $9 million for a breach of contract case involving a cogeneration facility.
  • Nevada Cogeneration Associates v. Nevada Power Company – Awarded $1.3 million in arbitration for cogenerator against a utility for improper curtailment.
  • Evergreen International Airlines v. Pan Am – Reclaimed leased aircraft from Pan Am bankruptcy on behalf of a private aviation company.
Dan frequently serves as a mediator or arbitrator in commercial disputes. In addition, he regularly testifies as an expert witness on attorneys' fee issues.

For the fifth consecutive year, Dan was selected as one of the top-tier litigation attorneys in Oregon by Chambers USA: America’s Leading Lawyers for Business. Other accolades for Dan include selection by The National Law Journal as a top Oregon trial lawyer and as a leader in bet-the-company litigation, commercial litigation, arbitration, and mediation by The Best Lawyers in America®. Since 2011, Dan has been named a "litigation star" by Benchmark Litigation.

Dan is a former Board member of the Oregon Association of Defense Counsel and serves on the Board of Visitors at the Willamette University College of Law. Following law school, he served for four years as a captain in the U.S. Army’s Judge Advocate General (JAG) Corps.

A prolific writer, Dan has authored more than 20 CLE articles on substantive areas of the law and trial practice techniques, and recently served as co-editor of the 2012 two-volume Oregon State Bar CLE Oregon Civil Pleading and Practice. For several years, he has served as co-editor of the Oregon State Bar’s Oregon Civil Pleading and Practice Manual. Most recently, Dan wrote "Cross-Examination: Torching the Calendar" published in 2014 by the ABA Litigation Section for The Art of Cross-Examination, Essays From the Bench and Bar. Dan was a speaker on Oregon's Expedited Trial Rule at the 2010 Convention of the Oregon Association of Defense Counsel and was invited by the Oregon Association of Defense Counsel to participate on a panel entitled "Making the Most of Your Expert" in 2012. He was program co-chair for the 2010 Pacific Northwest Regional Conference of the American College of Trial Lawyers, and chair of the Oregon Chapter of the American College of Trial Lawyers in 2011 and 2012. Dan currently chairs the College's Jury Committee.


Skerritt, Daniel         

Member of the International Society of Barristers
Widely recognized for trial excellence during his past 35 years of practice, Dan represents both plaintiffs and defendants in their complex commercial litigation and disputes. He was the 2010-2012 State Chair of the American College of Trial Lawyers. He is a fellow and past state chair of the International Society of Barristers. Dan was named as one of the top 10 highest rated Oregon attorneys in the 2014 Oregon Super Lawyers® list.

His background includes litigation involving securities, corporate governance, energy and general business issues.

The defense of securities class actions and derivative claims is a particular area of achievement for Dan. He represents clients regionally, nationally and internationally. Dan’s IP litigation experience includes enforcement of high tech firms' noncompetition and trade secrets agreements.

Dan frequently serves as a mediator or arbitrator in commercial and other complex disputes. His listings in Best Lawyers in America© include ADR services. In addition, he regularly testifies as an expert witness on attorneys' fee issues.

Dan has achieved some of Oregon’s largest awards and settlements. Representative matters include:
 
  • William Davis et al. v. Cascade Tanks LLC et al. – Successfully abated breach of contract and business tort claims against client, enforcing foreign arbitration agreement, 2014, U.S. District Court for Oregon, case  NO. 3:13-cv—2119-MO.
  • Amen v. Roberts – $5.1 million arbitration award, reduced to judgment, February 2009, Josephine County, Oregon.
  • Star-Wood v. Swanson et al. – Plaintiff's verdict, 2008 breach of fiduciary duty claim.
  • Johnson et al. v. Buchanan Ingersoll – $850,000  verdict in 2008 legal malpractice case.
  • 2008 – Successful mediation of multiple plaintiffs' claims against a broker-dealer.
  •  State of Oregon v. Phillip Morris Incorporated – Served as one of the legal team members representing the state in Big Tobacco litigation which resulted in a $2.25 billion state settlement.
  •  PPM Energy, Inc. v. Black Hills Power, Inc. – Represented the plaintiff, an energy marketing company, in arbitration claims, for breach of an energy exchange agreement. Client was awarded $1.7 million in damages and favorable declaratory relief. In this private arbitration matter, the award was reduced to judgment in District Court, Jefferson County Colorado.
  • Burlington Northern Santa Fe Railway v. Gunderson Inc. – Obtained summary judgment for our client, the defendant, to defeat a $14 million products liability claim in Texas arising from a train derailment.
  • Gray and Company v. Archer Daniels Midland Company et al. – Successfully prosecuted plaintiffs’ antitrust case alleging price-fixing conspiracy by high fructose and corn syrup producers. Following successful appeal before the United States Court of Appeals for the Seventh Circuit, we negotiated a favorable settlement.
  • Word Logic v. Hewlett Packard – Settlement of plaintiff’s copyright infringement claims reported in Word Logic SEC filing (http://www.sec.gov/Archives/edgar/data/1139614/000110313204000042/wlq0604.htm).
  • Allen v. OHSU – Successfully represented Oregon Health & Science University in defense of a whistle-blower complaint.
  • eFusion v. Zuber – Obtained injunction enforcing high tech firm’s non-competition and trade secrets agreement.
  • Power Medical System v. Intermedics – Obtained $9 million plaintiff’s verdict resulting from failed merger of a medical device company.
  • Eischen v. AVIVA et al. – Defended a class action shareholder claim through to completed trial, challenging AVIVA- Reebok merger.
  • Midway-Sunset Cogeneration Company v. Southern California Gas – Achieved a judgment valued at more than $9 million for a breach of contract case involving a cogeneration facility.
  • Nevada Cogeneration Associates v. Nevada Power Company – Awarded $1.3 million in arbitration for cogenerator against a utility for improper curtailment.
  • Evergreen International Airlines v. Pan Am – Reclaimed leased aircraft from Pan Am bankruptcy on behalf of a private aviation company.
Dan frequently serves as a mediator or arbitrator in commercial disputes. In addition, he regularly testifies as an expert witness on attorneys' fee issues.

For the fifth consecutive year, Dan was selected as one of the top-tier litigation attorneys in Oregon by Chambers USA: America’s Leading Lawyers for Business. Other accolades for Dan include selection by The National Law Journal as a top Oregon trial lawyer and as a leader in bet-the-company litigation, commercial litigation, arbitration, and mediation by The Best Lawyers in America®. Since 2011, Dan has been named a "litigation star" by Benchmark Litigation.

Dan is a former Board member of the Oregon Association of Defense Counsel and serves on the Board of Visitors at the Willamette University College of Law. Following law school, he served for four years as a captain in the U.S. Army’s Judge Advocate General (JAG) Corps.

A prolific writer, Dan has authored more than 20 CLE articles on substantive areas of the law and trial practice techniques, and recently served as co-editor of the 2012 two-volume Oregon State Bar CLE Oregon Civil Pleading and Practice. For several years, he has served as co-editor of the Oregon State Bar’s Oregon Civil Pleading and Practice Manual. Most recently, Dan wrote "Cross-Examination: Torching the Calendar" published in 2014 by the ABA Litigation Section for The Art of Cross-Examination, Essays From the Bench and Bar. Dan was a speaker on Oregon's Expedited Trial Rule at the 2010 Convention of the Oregon Association of Defense Counsel and was invited by the Oregon Association of Defense Counsel to participate on a panel entitled "Making the Most of Your Expert" in 2012. He was program co-chair for the 2010 Pacific Northwest Regional Conference of the American College of Trial Lawyers, and chair of the Oregon Chapter of the American College of Trial Lawyers in 2011 and 2012. Dan currently chairs the College's Jury Committee.


Skerritt, Daniel         

Member of the International Society of Barristers

American Bar Association
Business Tort Committee

Citizens' Coalition for Court Funding
Board Member

Oregon Association of Defense Counsel
Past Director

 

United States Supreme Court Historical Society

Oregon Membership Chair

Willamette University College of Law
Board of Visitors, Member


American College of Trial Lawyers
Chair, ACTL Jury Committee
2010-2012 State Chair, Oregon
 

Cathedral School

Past Advisory Board

International Society of Barristers
Past State Chair

Oregon State Bar

Treasurer, Military and Veterans Law Section
House of Delegates Member (2003-2006)

Civil Rights Section, Past Member and Past Chair

Civil Jury Instructions Committee, Past Member


Oregon State Parks Trust

Past Chairman, Board of Trustees


World Trade Club

Past President and Past Director

Dan is active in the Campaign for Equal Justice and serves on the Executive Committee of the Oregon State Bar's new Military and Veterans Section. He is a fellow in the International Society of Barristers, Oregon state membership chair for the U.S. Supreme Court Historical Society, and former state chair of the American College of Trial Lawyers. In his free time, he writes songs and plays guitar in his cowboy band, The Saggy Bottom Boys.