Contract & Commercial Disputes

Prepared arbitration claim and strategy on behalf of clients who sold second-generation family business. Clients did not receive the payments they were entitled to under the sale agreement because the buyer disputed the accuracy of the company's financial statements and asserted rights to offset for indemnity claims. Assisted clients in negotiating a favorable payment structure, which resolved the accounting and indemnity disputes.

Obtained favorable ruling dismissing $3.5 million claim brought under construction lien and unjust enrichment legal theories following bench trial.

(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.

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.

Defended manufacturing client against multi-million-dollar contractual indemnity and tort claims. Obtained complete defense victory after arbitration hearing.

Defended and successfully resolved claims for breach of agreements that were made in connection with the transition of a family business from one generation to the next.

Sustained venue (after a full day evidentiary hearing) in federal action for a regionally-based client suing a company headquartered in the eastern United States, leading to a favorable resolution for the client.

(U.S.D.C. Case No. 3:10-cv-362-pk) –  Represented PFMI in defense of breach of contract and business tort claims filed by McCormick and Schmick relating to a repair and maintenance contract for a chain of 93 restaurants. Also filed counterclaims on behalf of PFMI for breach of contract and business torts. The case was settled on a confidential basis.

Defended Wilsonville Holiday Partners (WHP) against claims for breach of warranty and misrepresentation in a hotel property sold by WHP to buyers in 2008. The buyers claimed that alleged defects in the hotel allowed water intrusion from the roof and windows. The case was tried to a jury in Washington County Circuit Court. Plaintiffs sought damages of $5 million and punitive damages of $15 million. After the jury had deliberated to impasse, the case was settled on terms favorable to the client, for a small fraction of the amount sought by plaintiff, and the settlement consisted mainly of forgiveness of a note from buyers to seller for seller financing of a portion of the purchase price.

Defended SVC, a subsidiary of PepsiCo Americas Beverages, in a $105,000,000 breach of contract action filed by the City of Albany after SVC terminated a development agreement pursuant to which SVC was to build a Gatorade plant in Albany.

(Multnomah County Circuit Court) – Defended president of property management company against claims for breach of contract and breaches of fiduciary duty. Obtained summary judgment dismissing complaint in its entirety.

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.

Represented three brothers who sold their family trucking business in several proceedings in both court and arbitration. The claims involve indemnity and other issues under a Stock Purchase Agreement, real estate matters, professional malpractice, and taxation.

Successfully asserted claims of nearly $50 million on behalf of the City of Portland arising out of defects in the new utilities software billing system.

Successfully asserting claims for breach of contract and promissory estoppel seeking damages of $1.5 million arising from failure to honor lease obligations.

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

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.

(Multnomah County Circuit Court) – Successfully represented local investment management firm in dispute with a Los Angeles based finance company concerning a structured finance transaction. The opponent sought more than $20 million in compensatory damages plus additional punitive damages, alleging fraud and breach of contract. Successfully prosecuted Client’s damages claims for more than $1.8 million for breach of contract and non-payment of note obligations.

After an eight-day federal jury trial, obtained a highly favorable verdict defending a Portland-based food laboratory and its director from seven-figure fiduciary duty, intentional interference, and other claims brought by a global testing company.