Examples of cases
This page gives examples of the kind of cases that have been handled by Simmons Trial Practice. If you are looking for cases in general, you may want to go to the search page for Oregon Supreme Court and Oregon Court of Appeals opinions.
Intellectual Property Cases
Trademark infringement action: Aggressive work on the facts and aggressive procedural steps resulted in a settlement that made several large corporate clients happy.
Patent licensing dispute: Obtained necessary expert testimony which helped settle case.
Internet trademark dispute: received overreaching demand, so filed preemptory declaratory judgment action. Client had been warned by other counsel that client might suffer adverse judgment. Resulted in: favorable settlement and happy client.
Contract dispute: Was hired after former counsel had lost client’s motion for summary judgment, and the record was inadequate and the Judge was angry. Changed the approach and resulted in settlement.
Trade secrets dispute: Hired after former counsel had lost a preliminary injunction hearing. Used aggressive manuvers, rearranged the battlefield and tailored presentations to the Judge. This resulted in the case getting back on track, and a reasonable settlement.
Contract dispute: Hired when clients decided the case was headed for disaster. Received case file with incorrect and unorganized discovery, impending trial and big exposure. Whipped the case into shape. When opposing counsel could no longer dominate, the case settled.
Business Litigation Cases
Real estate dispute: Used visual presentation to provide compelling evidence as required by enhanced degree of proof requirement.
Shareholder derivative action: Better visuals, better presentations to the Judge, victories in daily evidentiary battles. Adverse party essentially gave up after 3 weeks of trial.
Injured People Cases
Accident case: Made more efforts in dealing with third party witnesses than opponent. Used more visuals than expected. Excellent result in spite of very skilled opponent.
Psychological injury case: Carefully scripted presentation of photographs and documents resulted in maximum arbitration recovery.
Wrongful death case: Unusual manuver of sharing focus group reseach with insurance defense counsel. Resulted in fast settlement for policy limits.
Lawyers as Clients
Construction dispute: settled to obtain maximum payment from financially failing defendant.
Contract dispute: represented Portland attorney in case in distant small town against local defendant using local attorney, won to the jury.
Contract dispute: Corporate client controlled by lawyer. Had sleazy opposing counsel from big law firm. Won prayer for relief in arbitration. In my experience, there is no happier client than a corporate attorney with a trial victory.
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