Litigation

At Graham & Dunn, our concern is resolving your litigation in the quickest, most effective way possible. We staff cases lean, not with hordes of associates and paralegals. We focus on specific industries and subject areas, because we believe that we can deliver better results by thoroughly understanding the business context of litigation.

We look for the earliest possible solution. And we settle plenty of cases. But we have what it takes to be able to stand up for our clients against the largest law firm 'discovery machines' and to do so efficiently and effectively. We have the resources and the expertise to manage electronic discovery from the largest case to the smallest, and because our shareholders among them have over 300 trials under their belts, the other side knows from day one that we will try the case if it can't be settled fairly. We think that gets our clients the best, most cost-effective results.

That's what we mean by "Big Law Firm experience, without the Big Law Firm experience."

REPRESENTATIVE CASES

Antitrust & Complex Litigation

Our team successfully defended a seafood processor in an antitrust class action seeking over $1 billion in damages for alleged price-fixing. We obtained a complete defense verdict for our client after a four-month jury trial, including recovery of over $1 million in defense fees and costs.
We obtained a multi-million dollar jury verdict for a large Japanese company pursuing a RICO/fraud case against a supplier.
We defended a consumer class action brought against a national telecommunications company for allegedly violating state telemarketing laws. The suit was resolved after limited discovery for less than 5% of the amount claimed.
We defended a consumer class action brought against a national home manufacturer for allegedly defective construction. We obtained dismissal of most claims on summary judgment, and the remainder settled for less than the cost of further defending the suit.
We represented a mortgage company in defense of a consumer class action alleging unauthorized practice of law. Summary judgment was granted in favor of our client, which was affirmed on appeal.
We successfully defended an oil company client in a class action trial by plaintiffs claiming that home heating oil had caused (or was causing) early failures of underground storage tanks.

Bankruptcy and Receivership Practice

Graham & Dunn has a long history of representing financial institutions and other secured lenders in such cases, many of which are large, complex, and contested. We have appeared in hundreds of bankruptcy and state court receivership cases.

We represented the debtor in the Chapter 11 case of a commercial fish processing company.
We represented the Unsecured Creditors Committee in the Chapter 11 reorganization of a major Washington/Canadian paper products manufacturer.
We represented the secured lender and post-petition cash collateral financer in the Chapter 11 case of a regional electrical contractor.
We represented the secured lender and debtor-in-possession financer in the Chapter 11 bankruptcy of a multi-store U.S./Canadian clothing retailer.
We acted as court-appointed receiver in a state court case involving collection of a $46 million judgment.

Complex Insurance Litigation

We successfully defended one of the first environmental coverage actions filed and tried in Washington. Our insurance clients were the only defendants to obtain a defense verdict at trial.

Condemnation

Our Condemnation Team has been very active in recent years, with numerous trials on behalf of condemnors and condemnees.

We represented a condemnor regarding a transit tunnel under Beacon Hill. Thirty-seven property owners contended that their home values were dramatically impacted by the tunnel, even though the physical impacts were expected to be negligible. The jury returned a “petitioner's verdict” (a verdict at the condemnor's appraised value).
We represented a property owner who had several acres of prime residential subdivision land condemned by a local government. The verdict exceeded the local government's best offer by 40%.
Our team represented a condemnor regarding several acres of industrial land. The spread between the parties was well over $1.5 million, but the jury came in with a "petitioner’s verdict.”
We represented a property owner who owned an historic manufacturing facility in Tacoma recently converted to office space. The State condemned the property and offered significantly less than our highest and best use fair market value. The jury award exceeded the State's official offer by more than 10%.
Our team represented a condemning authority in two valuation trials of a strip take. The issues at trial involved whether the loss of historical parking along the commercial building's frontage was due to the loss of the use of the right of way, or due to the take itself. At both trials the Court concluded that the loss of parking was due to the loss of the right of way and, therefore, was not a compensable loss. The swing in value between the opposing views was about $500,000.
We represented a major forest products manufacturer who held a leasehold interest in property along the Blair Waterway at the Port of Tacoma. The highest offer before trial was $5 million. Our client recovered $12 million.

Employment

We defended a manufacturer employer in federal court who was sued by an IT network administrator for unpaid wages and retaliatory termination. A thorough investigation and an early deposition of the plaintiff, followed by a motion for summary judgment, got the case dismissed.
We defended an employer who had been sued by its CFO who alleged that he was wrongfully terminated because of a disability caused by cancer. We obtained summary judgment for our client dismissing the case.
We successfully defended a private college in a series of lawsuits by instructors and staff alleging a variety of employment claims, including disparate treatment, wrongful discharge, wage and hour claims, and constructive discharge based on retaliation for making the claims. Two cases were dismissed on summary judgment. One was arbitrated with the result that the plaintiff received an award that was only ten percent of her pre-arbitration settlement demand. The remainder settled for a fraction of the original claims.

Electronic Discovery

Our team successfully managed a major response to a grand jury subpoena involving the collection and review of more than 100 GB of e-mail and electronic data under very short deadlines. Our team developed complex and highly effective filter terms that identified the vast majority of responsive documents electronically and reduced manual document review time significantly.
We also efficiently managed the collection and review of over 60 GB of e-mail, GIS data, and other electronic documents in a multi-million dollar environmental case.

Environmental

Our team represented Weyerhaeuser Company in defending against a claim that it had “taken” northern spotted owls in violation of Section 9 of the Endangered Species Act in the management of its forests.
We successfully represented the Washington Forest Protection Association as Intervenor-Respondent in defending a suit challenging essentially all of the substantive forest practices rules on the grounds that they did not adequately respond to new scientific information about endangered species. The suit was dismissed based on our motion.
We represented the City of Bellevue in claims by landowners at the base of Coal Creek that the City had violated the Clean Water Act and the Endangered Species Act and committed nuisance and trespass as a result of sedimentation caused by the combination of urban storm water and historic coal mining along Coal Creek.

Financial Services

Our team successfully represented a bank in defending a $9 million claim for tortious interference, conversion, and unjust enrichment brought by another bank. After three months of trial, we obtained a directed verdict for our client, which was upheld on appeal.
We represented a bank in an interpleader dispute over funds owed under various leases used as collateral for loans made by the bank. Trial verdict was granted by federal court in favor of our client on all major factual and legal issues.
We successfully represented a mortgage company in defense of a consumer class action alleging unauthorized practice of law. Summary judgment was granted in favor of our client, which was affirmed on appeal.
We represented a national bank in a collection action against a residential real property developer. The defendant/borrower brought a $30 million counter-claim based on alleged bank misrepresentation and fraud. After some twenty employee depositions in seven states, the case was mediated to settlement with a seven-figure payment from the borrower to our client and minimal credit for the borrower's counter-claim.
We represented a national bank in collection and foreclosure actions against a major commercial developer, who brought a $100 million counter-claim against the bank based on numerous theories, including bank misrepresentation and fraud. Without even a deposition or discovery, we obtained a summary judgment dismissing the borrower's counter-claims in full. This resulted in a prompt Chapter 11 filing by one of the borrower's entities, a sale of twin office buildings, and payment of our client's loan in full.

Franchise & Distribution

Our team obtained a defense verdict on behalf of a franchisor in an action by a group of franchisees claiming damages based on alleged misrepresentations.
We obtained a favorable settlement on behalf of an oil company client in an action by a former Alaska dealer and jobber for alleged price discrimination.
We successfully defended an oil company client in a class action trial by plaintiffs claiming that home heating oil had caused (or was causing) early failures of underground storage tanks.
We obtained a favorable settlement on behalf of an oil company client against the operator of a pipeline company whose negligence caused the closure of the pipeline, resulting in damages in excess of $400 million.
We obtained summary judgment on behalf of a franchisor against franchisees claiming over $280 million in damages for alleged fraud and misrepresentation in the conversion of the franchisor’s convenience store chain to franchised outlets.

Hotel

We represented a major hotel chain in a dispute over whether it owed a portion of a hotel's operating proceeds to the party that had initiated the development. Our client reached a favorable settlement at mediation.
We represented a hotel management company whose management contract had been terminated without cause. Our client recovered a substantial sum under the early termination provisions of the contract at mediation.
We represented a purchaser of two condo hotel units who persuaded the project owner to repurchase the units based on our argument that the sales had been unlawful sales of securities.

Intellectual Property

Our IP litigators defended a well-known reggae band in a trademark infringement, dilution, and cybersquatting case brought by two members of a local rock band whose heyday was in the late 1950s and 1960s. We obtained dismissal of all of the plaintiffs’ claims on summary judgment.
We successfully prosecuted a trademark infringement action on behalf of a large manufacturer against a reseller who was misusing the manufacturer’s trademarks in its Internet advertising. We obtained a preliminary injunction against the reseller, which was upheld on appeal.
We won a four-year opposition proceeding that culminated in a trial before the U.S. Trademark Trial and Appeal Board that secured our client's right to register trademarks in connection with its cookie and cracker products.
We successfully defended an oyster grower against a competing oyster grower’s motion for preliminary injunction based on claims of false designation of origin in federal court. The victory on the motion led to a favorable settlement.
Our team has represented dozens of trademark owners in proceedings before the U.S. Trademark Trial and Appeal Board that resulted in favorable dispositions or settlements regarding the right to use and register a wide variety of trademarks.
Our clients have prevailed on behalf of numerous trademark and domain name owners in arbitrations instituted under the Internet Corporation for Assigned Names and Numbers’ Uniform Domain Name Dispute Resolution Policy.

Media

We represented a major newspaper in successfully unsealing court records in a seminal case that went to the Washington Supreme Court and strongly affirmed the Washington constitutional right of access to justice.
We obtained summary judgment in favor of a local alternative weekly newspaper that had been sued for reporting on a sexual harassment lawsuit against Peter Nordstrom and Nordstrom, Inc. The trial court dismissed the defamation and invasion of privacy claims on summary judgment, which was affirmed on appeal.

Real Estate

Our team represented a commercial landlord in a suit against a large tenant for breach of lease, waste, and lack of compliance with covenants in the lease. After a three-month trial, we obtained a ruling entirely in favor of our client. The case was subsequently appealed twice to the Washington Supreme Court, which upheld the trial court’s rulings on all major issues.
We represented a national commercial/industrial property owner seeking to recover damages caused to its premises by a tenant's fish-processing business. After a week-long trial, we obtained a six-figure judgment, and our client was awarded (and recovered) its attorneys' fees.
We successfully represented a commercial/industrial landlord against pass-through claims for nuisance, breach of lease and breach of quiet enjoyment arising out of the migration of excessive and dense dust particles from one leased premises to another.
We represented a Fortune 500 company against a suit to compel sale of a substantial property. We obtained summary judgment for our client in the trial court. On appeal, the Washington Supreme Court ruled in an important opinion that the existing agreement was only an "agreement to agree" and therefore was not binding on our client.

Telecommunications

We successfully represented the first cellular company in Washington (and nationwide) to achieve eligible telecommunications status. The administrative decision granting ETC status was affirmed on appeal.
We defended a consumer class action brought against a national telecommunications company for allegedly violating state telemarketing laws. The suit was resolved after limited discovery for less than 5% of the amount claimed.

Torts

Our team represented a national clothing retailer in five flammable fabrics lawsuits. Four were tried to defense verdicts, and the fifth settled favorably.
We represented a grocery store chain in a wrongful death action arising out of a slip and fall on the ice in a parking lot. We obtained a directed verdict at the close of the plaintiff’s evidence, which was affirmed on appeal.
We represented a major chemical manufacturer in a pesticide poisoning case brought by five orchard workers. The case settled on the first day of trial.

LITIGATORS
Michael G. Atkins, Clemens H. Barnes, W. George Bassett, Jeffrey A. Beaver, Douglas C. Berry, David M. Byers, Judith A. Endejan, K. Michael Fandel, Stephen H. Goodman, Estera F. Gordon, David G. Hancock, Matthew R. Hansen, Zachary R. Hiatt, John T. John, Marisa V. Lindell, David C. Lundsgaard, James L. Magee, Steven A. Miller, Mark D. Northrup, Daniel J. Oates, April Upchurch Olsen, Kathleen T. Petrich, Edward W. Pettigrew, Russell R. Robertson, Larry J. Smith, Elaine L. Spencer.

CONTACT
David C. Lundsgaard
dlundsgaard@grahamdunn.com
206.340.9691