Commercial Litigation. Defended large greenhouse manufacturer against contract and warranty claims. Successfully briefed and argued motion for partial summary judgement, resulting in dismissal of $5.4 million lost profit claim. 

Premises Liability. Defended company operating regional gas stations against personal injury claim. Early motion practice resulted in dismissal of lawsuit.

Insurance Coverage. Defended national insurer in contentious coverage and bad faith UIM claim, resulting in favorable settlement despite opposing counsel’s aggressive litigation tactics.

Products Liability & Commercial Litigation. Defended large HVAC manufacturer in state court from various tort and contract claims. Successfully defeated claims alleged at over $6 million at the pleading stage by motion to dismiss.

Employment. Defended masonry contractor in discrimination and wrongful termination claims. Nominal settlement immediately following the plaintiff’s poor performance during deposition. 

Product Liability & Commercial Litigation. Defended seller of concrete patching repair compound against claims for the defective product, indemnity, breach of contract, and breach of warranties. Successfully briefed and argued a motion to dismiss and a motion for summary judgment, resulting in the dismissal of numerous claims and, ultimately, resulted in a favorable settlement. 

Premises Liability. Defended national clothing retailer in a premises liability matter. The plaintiff alleged significant personal injuries for an alleged slip and fall in the client’s store. Established that there was no evidence of the incident occurring and that the plaintiff’s injuries were unrelated, which resulted in a nominal settlement.

Property Damage. Successfully defended a towing company in arbitration involving a claim that the tow operator negligently damaged a vehicle during a tow operation.

Workplace Injury. Represented asbestos remediation company against a claim for negligence and a claim under Oregon’s Employer Liability Law. Persuaded the plaintiff’s counsel to drop the case after filing a motion for summary judgment on the grounds that the claims were barred under Oregon’s workers’ compensation “exclusive remedy” statute. 

Sexual Abuse. Successfully briefed an extensive motion for summary judgment dismissing claims for sexual abuse allegedly committed by the client’s teacher at a private, religious school. The plaintiff was seeking several million dollars, including punitive damages.

Commercial Litigation & Consumer Protection. Defended warranty company against claims for fraud, financial abuse of a vulnerable person, and breach of contract. Successfully defeated fraud and financial abuse claims in arbitration, resulting in a modest award against the warranty company, including persuading the arbitration panel to limit the claimant’s fee petition to less than 25 percent of the requested amount.

Commercial Litigation. Represented Christmas tree seller against buyer involving claims for breach of contract, action to pierce the corporate veil, and unjust enrichment. Successfully briefed and argued motion for sanctions arising out of the defendant committing various discovery violations, resulting in the court striking the defendant’s motion for summary judgment and awarding monetary sanctions in the client’s favor. Successfully assisted with briefing in opposition to the defendant’s petition before the Oregon Supreme Court that challenged the trial court’s ruling. 

Representative Matters

Commercial Litigation. Defended large greenhouse manufacturer against contract and warranty claims. Successfully briefed and argued motion for partial summary judgement, resulting in dismissal of $5.4 million lost profit claim. 

Premises Liability. Defended company operating regional gas stations against personal injury claim. Early motion practice resulted in dismissal of lawsuit.

Insurance Coverage. Defended national insurer in contentious coverage and bad faith UIM claim, resulting in favorable settlement despite opposing counsel’s aggressive litigation tactics.

Products Liability & Commercial Litigation. Defended large HVAC manufacturer in state court from various tort and contract claims. Successfully defeated claims alleged at over $6 million at the pleading stage by motion to dismiss.

Employment. Defended masonry contractor in discrimination and wrongful termination claims. Nominal settlement immediately following the plaintiff’s poor performance during deposition. 

Product Liability & Commercial Litigation. Defended seller of concrete patching repair compound against claims for the defective product, indemnity, breach of contract, and breach of warranties. Successfully briefed and argued a motion to dismiss and a motion for summary judgment, resulting in the dismissal of numerous claims and, ultimately, resulted in a favorable settlement. 

Premises Liability. Defended national clothing retailer in a premises liability matter. The plaintiff alleged significant personal injuries for an alleged slip and fall in the client’s store. Established that there was no evidence of the incident occurring and that the plaintiff’s injuries were unrelated, which resulted in a nominal settlement.

Property Damage. Successfully defended a towing company in arbitration involving a claim that the tow operator negligently damaged a vehicle during a tow operation.

Workplace Injury. Represented asbestos remediation company against a claim for negligence and a claim under Oregon’s Employer Liability Law. Persuaded the plaintiff’s counsel to drop the case after filing a motion for summary judgment on the grounds that the claims were barred under Oregon’s workers’ compensation “exclusive remedy” statute. 

Sexual Abuse. Successfully briefed an extensive motion for summary judgment dismissing claims for sexual abuse allegedly committed by the client’s teacher at a private, religious school. The plaintiff was seeking several million dollars, including punitive damages.

Commercial Litigation & Consumer Protection. Defended warranty company against claims for fraud, financial abuse of a vulnerable person, and breach of contract. Successfully defeated fraud and financial abuse claims in arbitration, resulting in a modest award against the warranty company, including persuading the arbitration panel to limit the claimant’s fee petition to less than 25 percent of the requested amount.

Commercial Litigation. Represented Christmas tree seller against buyer involving claims for breach of contract, action to pierce the corporate veil, and unjust enrichment. Successfully briefed and argued motion for sanctions arising out of the defendant committing various discovery violations, resulting in the court striking the defendant’s motion for summary judgment and awarding monetary sanctions in the client’s favor. Successfully assisted with briefing in opposition to the defendant’s petition before the Oregon Supreme Court that challenged the trial court’s ruling. 

Representative Matters

Rigsby, Mooney and Carley Achieve Favorable Jury Award in Especially Difficult Venue

Peder Rigsby (Partner-Portland, OR), Dan Mooney (Partner-Seattle, WA) and John Carley (Of Counsel-Portland, OR) secured a highly favorable jury award on behalf of their client, a large resource recovery company. The trial was held in King County, WA, a notoriously difficult venue for defendants recently included on the “Judicial Hellhole Top 10” list. This was an admitted liability case that was vigorously contested.

The client’s garbage truck driver backed into the plaintiff’s vehicle, causing it minor damage. Plaintiff was standing in the truck bed and either jumped or fell out. Plaintiff claimed numerous catastrophic injuries, including multiple surgeries and a concussion diagnosed nearly five years after the accident. The alleged economic damages were $1.2 million. During jury selection, Plaintiff’s counsel anchored at $30 million. In closing, Plaintiff asked for $11.8 million. The defense strategy focused on causation and the plaintiff’s credibility, which included presenting numerous experts, a private investigator, and hours of video surveillance showing the plaintiff engaging in activities that he claimed he could not perform. Following a three-week trial, the jury returned a verdict of $500,000 or $100,000 less than our last offer.

Peder A. Rigsby, Daniel C. Mooney and John Carley

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