Tonkon Torp’s trial team effectively and efficiently manages product liability disputes and complex torts.
We have a broad range of experience in cases involving catastrophic injury and economic loss in state and federal courts across the country. We also serve as counsel to product manufacturers to establish efficient claim management procedures and reduce overall liability associated with product design and manufacture.
We provide strategic advice to clients about:
- Labeling
- Marketing
- Manuals and instructions
- Safety practices and audits
- Supply and distribution contracts
- Insurance coverage
- Indemnification
- Accident investigation
We pride ourselves on maintaining long-standing relationships with clients, serving many businesses regionally and nationally. Our attorneys build strong institutional partnerships with our clients by learning and understanding their products. We minimize the burden of responding to claims, and develop strategies to find the best path to early and efficient dispute resolution.
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Representative Matters
Marshall v. RS 2018 Float LLC, Greenbrier Central LLC
Obtained summary judgment against $10,000,000 product liability claim asserted against a railcar manufacturer, based on Oregon statutory defenses and exclusion of unreliable expert evidence. Summary judgment was affirmed by the Ninth Circuit on appeal.
Product Liability Defense
Defended a product manufacturer, its parent company, and a national online retailer against product liability claims of approximately $100 million, with parties and witnesses spanning 10 U.S. jurisdictions and three countries. Ultimately resolved the matter for a small fraction of claimed damages.
Watson v. Northwest Cascade
(Multnomah County Circuit Court) – Successfully defended a regional company facing claims for defamation, false advertising, trespass, and property damage.
Manson v. DePuy
Asserted product defect claims against hip implant manufacturer in multi-district litigation pending in Ohio.
Estates of Renae and Lola Cottam v. Nelson
(Coos County Circuit Court, No. 14-CV-0085) – 2014 judgment in wrongful death action of $2 million.
Eagle Industries v. Hangsterfer Labs
Asserted product defect claims against industrial coolant manufacturer seeking damages of nearly $2 million. Obtained favorable settlement.
McGeady v. Kolbe-Kolbe Manufacturing
Obtained a jury verdict following a two week trial on defective product and failure to warn claims.
Hawkins v. Stimson Lumber
Successfully defend against statutory and common law claims arising from serious workplace injury.
Feltsan v. Cleanpak International
Successfully defend claims for negligence and premise liability brought by injured work seeking damages of $1.5 million.
Parker v. Seaswirl Boats
Successfully defending claims of warranty and defective product involving the purchase and sale of a yacht.
Trotter v. Union Pacific
Successfully defend third-party claims seeking indemnity and contribution for damages arising from a serious workplace injury involving the loss of limb.
Burlington Northern & Santa Fe RR v. Gunderson, Inc.
Prevailed on summary judgment against a nearly $15 million claim filed in Texas arising out of a train derailment in Nebraska.
Products Liability
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.
Union Pacific RR v. Greenbrier Rail Services
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.
Arbitration
Obtained a nearly $4 million arbitration award on behalf of large public company following a two-week arbitration hearing involving a dispute over the sale and installation of a defective material-handling system.
Breach of Warranty
Obtained a defense judgment following an arbitration hearing in a breach of warranty action involving sophisticated point-of-sale equipment.
Services + Industries
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We encourage you to contact us if you have further questions about our firm or our experience. For your protection, we cannot represent you until we know that doing so will not create a conflict of interest. Accordingly, please do not send us any confidential or secret information about any matter that may involve you until you receive a written statement from us that we represent you (an engagement letter).
If after browsing this web site you are unsure which lawyer you should contact, please call us at 503.221.1440.