Frank Weiss

Recovering several million dollars in settlement of an insurance coverage action seeking coverage for asbestos claims filed across the country.

(Oregon State Court) – Represented defendant in a trade secret case involving the design and manufacture of handheld and portable particle counters for clean room applications. We prevailed following a preliminary injunction evidentiary hearing.

Following a seven-week jury trial, secured a complete victory for Con-way, a $5.5 billion American multinational freight transportation company. At issue was the question of responsibility for some portion of defense and indemnity costs associated with three Superfund sites, including the Portland Harbor, and over 1500 asbestos lawsuits. Tonkon Torp successfully argued that certain of Con-way's historic insurance policies did not apply to claims against the current property owner.

Obtained partial reversal on appeal of adverse summary judgment concerning the availability of insurance coverage for the settlement of several class actions relating to the sale of hardboard siding. (Ninth Circuit Court of Appeals)

Obtained a substantial recovery in settlement of insurance coverage action seeking coverage for theft loss on behalf of the Chapter 11 trustee of a bankrupt 1031 Exchange accommodator, Oregon Federal Court.

Obtaining a nearly four-million dollar arbitration award in a dispute involving the sale and installation of a defective material-handling system.

Successfully defending a large publicly-traded company against a claim of over $100,000,000 for breach of an endorsement and licensing agreement. This matter was tried in a private arbitration in which Frank was one of the three primary trial lawyers representing the defendant.

Obtaining summary judgment against dissenter's rights and breach of fiduciary duty claims seeking nearly $3,000,000. 

Successfully defending a large publicly-traded company in a breach of warranty action involving sophisticated point-of-sale equipment.

Prevailing on summary judgment against a nearly $15,000,000 claim arising out of a train derailment and upholding the judgment on appeal.

Favorably resolving federal court lawsuits arising out of train derailments occurring in Nebraska, Kansas, and Wyoming.

Defeating a multi-million dollar claim in a federal court jury trial arising out of the termination of a distribution agreement.

Obtaining a defense verdict as lead trial counsel for a large public company following a seven week jury trial relating to liability for environmental contamination at three superfund sites, including the Portland Harbor, and over 1,200 asbestos claims.

Obtaining a preliminary injunction enforcing a client's right of first refusal in its endorsement contract with an NFL quarterback. 

Successfully defending clients against a trade secret misappropriation claim and defeating the plaintiff's motion for a preliminary injunction.

Prevailing on summary judgment in Oregon Federal District Court establishing entitlement to insurance coverage for a multi-car train derailment.

(Multnomah County Circuit Court) – Successfully assert claims for breach of judicial dissolution, breach of fiduciary duty and breach of shareholder agreement seeking damages of $6.0 million.  

Won a multi-million dollar federal court jury trial on behalf of our client EMM Labs, a Canadian manufacturer of high-end audio equipment. Defeated the plaintiff's claims under a distribution agreement and prevailed on our client's counterclaim.

Prevailed on summary judgment against a nearly $15 million claim filed in Texas arising out of a train derailment in Nebraska.

Successfully defend contract rescission claims and successfully assert breach of fiduciary duty claims seeking damages of $3 million.

Successfully defended a large manufacturing company against products liability and breach of warranty claims filed in the U.S. District Court, District of Nebraska by establishing that plaintiff's alleged losses were caused by a component part manufacturer and by plaintiff's own negligence.

Representing a railcar manufacturer in a series of related lawsuits arising from train derailments in Kansas, Nebraska and Wyoming. Plaintiff alleges that products manufactured by Greenbrier failed, causing damages in excess of $10 million.

(United States District Court, District of Oregon) – Prevailed on summary judgment against dissenters' rights and breach of fiduciary duty claims seeking nearly $3,000,000. 

(USDC, E. NY) – Successfully assert claims for breach of contract and preliminary and permanent injunction arising from unauthorized use of bar code technologies.

Upheld grant of judgment establishing entitlement to insurance coverage for a multi-car train derailment. (Texas Appellate Court)

Representing a railcar manufacturer in a series of related lawsuits arising from train derailments in Kansas, Nebraska and Wyoming. Plaintiff alleges that products manufactured by Greenbrier failed, causing damages in excess of $10 million.