Kelley v. Kelley
Defense of a trustee against claims of breach of fiduciary duty. After a three-day jury trial, the jury ruled in favor of my client on a vote of 11 to 1, coupled with the trial court’s subsequent award of attorney fees against the plaintiff. Affirmed on appeal, with additional fee award – 306 Or. App. 723 (2020).
HCG, LLC v. Public-Sector Solutions, Inc.
Prosecution of the breach of software contract claim arising from a public contract in California. After a one-week jury trial, the jury rendered a unanimous verdict in my client’s favor, and the trial court awarded the attorney fees requested by my client.
BGJJ, LLC v. Schertzinger
Successful prosecution of a claim under 11 U.S.C 727(a) to deny a debtor’s discharge in bankruptcy. The trial court denied the debtor’s efforts to discharge all of the debtor’s debts, including the six-figure judgment I had previously secured for my clients in private arbitration.
Securities Litigation
Lead trial counsel for developer client in defense of numerous lawsuits regarding securities offerings in connection with residential and commercial developments in multiple western states. We successfully resolved one matter through summary disposition, based on a novel finding by the state trial court that the LLC interests involved were not securities under Oregon law at least at that time. We also resolved another matter in the client’s favor through negotiated resolution after approximately two weeks of a jury trial.
Schertzinger, et al. vs. BGJJ, LLC, et al
Representation of LLC members in multi-million-dollar action brought by an expelled member for claims related to the member’s expulsion as well as professional services allegedly rendered to the LLC. I arbitrated the claims to a three-arbitrator panel, who ruled unanimously in favor of my clients, including on all of my clients’ various counterclaims.
Community Financial Corporation v. Casa Terra, LLC, etc., et al.
Representation of guarantors of loan against bank in action to foreclose and enforce personal guarantees in which I successfully negotiated a settlement for my clients.
Crisman v. Nelco Services, Inc.
Representation of corporation in a negligence action. This matter was successfully resolved with a motion to dismiss.
Philips v. Philmar Int’l, Inc.
Successful representation of one of the shareholders in a bench trial seeking corporate dissolution.
New General, LLC, et al. v. Breck, et al.
Representation of a general partner and limited partnership in the recovery of embezzled funds of approximately $1,000,000, which the defendants had transferred offshore. In conjunction with securing a summary judgment award for liability, I was also able to secure an order requiring the defendants to deposit all the money with the court. When the defendants failed to do so, they were incarcerated for contempt of court, resulting in the prompt resolution of the case.
Boring Golf Course Investors, Inc. v. Building Structures, Inc.
Representation of the defendant general contractor in a construction and contract dispute relative to the construction of a golf course club house for alleged construction defects and breach of contract. After a two-week trial, the jury returned a defense verdict in approximately 50 minutes. The trial court subsequently awarded my client’s costs and attorney fees. Affirmed on appeal – 189 Or. App. 596 (2003) with award of additional attorney fees.
Fletcher, et. al. v. Bonaventure Properties, Inc.
Representation of the defendant purchaser under a contract to purchase real estate in defense of a foreclosure action by seller. After a multi-day bench trial the court ruled in favor of my client concluding that the seller could not foreclose based upon the seller’s own failure to require strict performance of the contract. The court also awarded my client’s attorney fees and costs.
Dycon Corporation v. Adair, et al.
Representation of a landowner developer against lien and contract claims brought by a general contractor seeking recovery under a construction lien. On motion for summary judgment, the court ruled in my client’s favor and against the general contractor based upon the general contractor’s failure to be properly licensed. The trial court also awarded my client attorney fees and costs.
Lifestyles, Senior Housing Managers, LLC v. Villa Del Rey-Seaside, Inc., et al.
Representation of the claimant in this private arbitration of a claim for breach of contract by the owner of a senior care facility, securing an award of approximately $500,000 for wrongful termination of a management contract, plus attorney fees and costs.
Classic Painting, Inc. d/b/a Pro Classic Coatings, an Oregon Corporation v. Willamette Builders Group at Stoneway, LLC
Trial court ruled in favor of John’s clients cutting off plaintiff’s attorney fees as a result of opposing counsel’s failure to adhere to the statutory discovery requirements. Affirmed on appeal – 235 Or. App. 572 (2010).
Hogan v. NW Trust Services, Inc., et al.
Successful motion to dismiss all claims against John’s client – affirmed on appeal – 441 Fed. Appx. 490 (2011).
