PRACTICE AREAS


Commercial Litigation

Sometimes commercial disputes and business relationships simply cannot be reconciled. In these cases, litigation is necessary to resolve differences between parties and move forward. The Connolly firm has extensive, winning experience in such complex, having obtained many considerable judgments and sizable financial settlements on behalf of our clients. Our attorneys approach litigation on a team model, which benefits our clients by offering the highest level of legal service and quality, while keeping a sharp eye on controlling the cost of litigation for our clients.


Representative Cases

 

Five Local Small Businesses v. Oregon Administrative Agency

Marion County Circuit Court

The firm represented several wildland firefighting contractors who alleged that they were wrongfully denied a dispatch under a firefighting contract with the state of Oregon, and that the state of Oregon acted in bad faith in connection with the negotiation and performance of the contract. After withstanding several motions by the state, the firm negotiated a favorable settlement for the contractors.

 

Local Small Business v. Lender

Multnomah County Circuit Court

The firm successfully defended a substantial claim to enforce spousal guarantees. One spouse was relieved of all liability by motion to the court on the basis of federal law protecting against gender discrimination in business transactions; the firm negotiated a very favorable work-out agreement with the lender.

 

Local School District v. Insurance Agency

Linn County Circuit Court

Joining with co-counsel, the firm represented a school district in claims against an insurance agency concerning a self-insurance program that was misrepresented as to its benefits and costs. After considerable motion practice, the firm negotiated a considerable settlement with the insurance agency.

 

Local Small Business v. Restaurant Supplier, Escrow Company

Marion County Circuit Court

The firm represented purchasers of a restaurant that had been harassed by the seller’s former vendor based upon a false claim of security interest. After successfully obtaining judgment against the former vendor, the firm pursued collection activities against the vendor’s principal by obtaining a court order freezing its assets held in an escrow account. Thereafter, the escrow company, working with a third-party, defied the court order and disbursed the funds held in the escrow account that was subject to the court’s order. The firm successfully persuaded the court to hold both the other party and the escrow company in contempt and awarded sanctions to the client that resulted in a full pay-off of the judgment.

 

Local Small Business v. Seller of Commercial Property

Linn County Circuit Court

The firm represented a commercial property purchaser in six-figure claim regarding undisclosed fuel storage tanks and environmental issues. After considerable motion practice, the firm was able to secure a solid settlement in favor of the purchasers from the seller, realtor, and environmental testing company defendants.

 

Local Investor v. Mortgage Bonding Company

Marion County Circuit Court

The firm successfully enforced a statutorily required mortgage broker bond thereby collecting on a judgment previously obtained against the mortgage broker who had financed a fraudulent investment.

 

Secured Lender v. Subsequent Purchaser

Marion County Circuit Court

The firm represented a secured lender whose collateral was sold by the debtors to a third party who claimed to be a bona fide purchaser for value. After a trial, the court found for the client and made findings that the purchasers knew or should have known of the secured interest of the creditor client.

 

Local Small Business v. Southern Oregon Small Business

Oregon Court of Appeals

The firm represented a local small business who hired a Southern Oregon man as an independent contractor within its business. After negotiating a confidentiality agreement, the client disclosed confidential information to the man about the conduct of its highly-competitive business. After working for only one day, the man terminated his relationship with the client and opened a business in Southern Oregon that directly competed with the client’s business. The law firm represented the client in a law suit against the man and his business for violation of the Oregon Trade Secrets Act and other claims. In the Court of Appeals, the law firm successfully persuaded the court that the Trade Secrets Act covered not only non-public information, but public information compiled in a unique way so as to give a business a competitive advantage.