Appeals

Represented a large industrial landowner in a series of appeals successfully challenging the City of Portland's North Reach River Plan ordinance as failing to comply with Oregon's statewide land use planning goals and the City's own comprehensive plan. (Land Use Board of Appeals, Oregon Court of Appeals, Oregon Supreme Court)

Successfully pursued Oregon Health & Science University’s right to recover a proportionate share of approximately $25 million, including interest, received by the state from the 1999 demutualization of Standard Insurance Company. (Marion County Circuit Court/Oregon Court of Appeals)

(King County, WA Superior Court/Washington Court of Appeals) – Defended successfully, in trial court and on appeal, a class action seeking unpaid overtime on behalf of route sales persons for a regional company.

(Multnomah County Circuit Court/Oregon Court of Appeals) – Obtained damages for an investor at trial for breach of convertible promissory note where company had refused to issue shares; successfully defended appeal.

Represented a health insurance provider in a rate dispute filed by a consumer. The Oregon Court of Appeals affirmed the decision of the Department of Consumer and Business Services, allowing the rates to stand. (Oregon Court of Appeals)

Represented a bankruptcy trustee in litigation to determine who owns certain stock that previously belonged to the debtor. (Ninth Circuit Bankruptcy Appellate Panel)

Represented the defendants in a criminal environmental enforcement action related to an alleged release of hazardous material. (Oregon Court of Appeals)

Represent a bankruptcy trustee in a lawsuit against the debtor's former legal counsel. (Oregon Court of Appeals)

Successfully represented a nonprofit community orchestra against the Oregon Employment Department in dispute over independent contractor status of musicians. (Oregon Court of Appeals)

Obtained decision from Oregon Court of Appeals approving construction of an additional homesite on client's property under Ballot Measure 49, overturning state agency and County trial court which had ruled against client. 

Represented the nation's largest veterinary chain in a wage and hour class action in federal court in California, including substantial motions practice. (USDC Central District of California)

Represented a hydroelectric developer in a citizen dispute regarding a proposed hydroelectric project on an existing dam. The Oregon Court of Appeals affirmed the decision of the Water Resources Department, allowing the project to go forward. (Oregon Court of Appeals)

Obtained reversal of trial court's decision on one issue (adverse possession) and reversal of Court of Appeals' decision on another issue (accretion) to obtain a complete victory for client real estate investor. This real property dispute involved a significant parcel of land on the Oregon coast. The case turned on complex accretion issues, a 150-year deed record, and alleged adverse possession of vacant land. (Oregon Supreme Court)

Represented Asante in an employment dispute involving the Oregon reinstatement and reemployment statutes. Prevailed on the correct interpretation of the statutes, including in the Oregon Supreme Court, ultimately resulting in the dismissal of the two main claims in the case. (Oregon Court of Appeals, Oregon Supreme Court)

Represented a law firm in a voluntary Chapter 11 bankruptcy proceeding, including two appeals filed by a creditor. (USDC District of Oregon, Ninth Circuit Court of Appeals)

Represented an individual consumer in a successful lawsuit against a large credit card company for unlawful practices under the Fair Credit Billing Act and Unlawful Debt Collection Practices Act. (Ninth Circuit Court of Appeals)

Defended attacks by the American Trucking Associations against Oregon's heavy truck tax system. The Oregon Supreme Court held that the tax did not violate the Commerce Clause of the U.S. Constitution. (Oregon Court of Appeals, Oregon Supreme Court, U.S. Supreme Court)

Represented an employer in a disability discrimination case in which the plaintiff asserted that Oregon employers must accommodate medical marijuana use. As a matter of first impression, the Oregon Supreme Court held that Oregon law takes into account mitigating measures to decide whether an employee is disabled and entitled to disability protection. (Oregon Supreme Court)

Represented NIKE in a discrimination case, in which the jury returned a verdict in NIKE's favor and the Ninth Circuit affirmed.  (Ninth Circuit Court of Appeals)

Represent Crystal Communications, Inc. in a dispute with the Oregon Department of Revenue. At issue is whether a Florida-domiciled S corporation's $48 million gain on the sale of an FCC license in Oregon is subject to apportioned taxation as business income in Oregon. (Oregon Supreme Court)

Represented Georgia-Pacific in an appeal establishing standards for when a return to work performance test constitutes a medical examination subject to the requirements of the Americans with Disabilities Act. (Ninth Circuit Court of Appeals)

Represented a doctor in a case in which the jury found that our client's hospital privileges were revoked as a result of an unlawful conspiracy and monopolization. The U.S. Supreme Court held that defendants' actions were not immune from antitrust liability under the state action doctrine. (Ninth Circuit Court of Appeals, U.S. Supreme Court)

Represent Apeldyn Corporation in patent infringement litigation against Sony, Samsung, AU Optronics, and Chi Mei Optoelectronics. The lawsuits are for infringement of Apeldyn’s patents related to the fast response liquid crystal systems used in flat panel screens. (Federal Circuit Court of Appeals)

Obtained affirmance of a summary judgment decision holding that a bakery's compensation system for a class of route sales drivers provided the reasonable equivalent of overtime and was therefore exempt from Washington's overtime laws. (Washington Court of Appeals, Washington Supreme Court)

Represented the plaintiffs in Moss vs. U.S. Secret Service, a civil rights case arising out of the demonstrations in southern Oregon during President Bush’s 2004 campaign visit.  (U.S. District Ct. (Or.), Ninth Circuit Court of Appeals, U.S. Supreme Court)

Successfully represented the ACLU of Oregon in Public Records Law action seeking records concerning a Eugene Police Department investigation on public interest grounds. (Lane County Circuit Court, Oregon Court of Appeals, Oregon Supreme Court)

Represented the plaintiffs in Obsidian v. Cox, a defamation case against an Internet blogger that received national attention from media, bloggers, and constitutional scholars. The case involved the difficult balance between First Amendment speech and press protections and state defamation laws in the Internet age. (Ninth Circuit Court of Appeals)

Represented Associated General Contractors in a ballot challenge for Initiative Petition 41 (IP 41). Following successful modifications requested in a comment letter submitted to the Attorney General (AG) for draft ballot title for IP 41, Tonkon Torp petitioned the Oregon Supreme Court for further refinement. The Court was persuaded by Tonkon Torp’s arguments and referred the ballot title back to the AG’s office, which made the required modifications.

Won a favorable ruling from the Oregon Court of Appeals that allows for Masjid Ibrahim, a local mosque, to be built in the Bethany area of Multnomah County. While the county and the Land Use Board of Appeals (LUBA) approved the building of the mosque, the plan was opposed by a neighbor, who cited traffic and other impacts as not compatible with the residential character of the neighborhood. The court’s ruling opens opportunities across the state for others seeking to site new places of worship (Oregon Court of Appeals).