Melby v. Smith
Jun 17, 2011OUTCOME: Jury Verdict for 85% of damages Claimed (total verdict 89,000)
Automobile Accident Case and Property Damage Case
Grants Pass, OR
Litigation Lawyer at Grants Pass, OR
Practice Areas: Litigation, Estate Planning ... +6 more
OUTCOME: Jury Verdict for 85% of damages Claimed (total verdict 89,000)
Automobile Accident Case and Property Damage Case
OUTCOME: Jury Verdict for 85% of damages Claimed (total verdict 89,000)
Automobile Accident Case and Property Damage Case
OUTCOME: Settled prior to trial
Complex Estate Contest involving Ranch property in Eastern Oregon. Case involved complex tax transaction issues as well as disputes concerning elder abuse statute interpretation
OUTCOME: Reversal of Suspension of Medical License
Significant Administrative Law opinion in Oregon assigning error to the practice of allowing administrative agencies to order competency exams without "due process" and proper hearings. The court also ... determined that these orders are not final orders in contested case hearings. This has caused significant calls for reform in the Adminsitrative Law process in Oregon.
OUTCOME: Affirmed
Not Successful on appeal--however, case did define the confimation of water rights by final order or transfer and is a seminal case on the final orders of Administrative Agencies.
OUTCOME: Settled
Represented (with co cousel James Buchal) the Grants Pass Irrigation District in response to one of the only ESA enforcement actions in Oregon history under the Endangered Species Act. Successfully re ... sisted a restraining order that would have shut down irrigation for the entire Grants Pass Irrigation District in 1999. Eventually, through litigation and negotiations, worked throough a deal which required, in exchange for the removal of Savage Rapids Dam, on the Rogue River, full Federal Funding from the US Congress, full warrantees of operation, and full cooperation--based on threats of claims of takings damages and enforceablity, as well as threats to defeat listing of Coho Salmon in court. The dam is scheduled for removal this summer after the electric pumps are working. The entire cost to the taxpayer--30 million dollars.
OUTCOME: Affirmed
Defended appeal in 9th Circuit Court of Appeals concerning the land patent of Indian Hill and the United States and the validity of the underlying transfer from the governement and its affect on the pa ... tent. The case was affirmed by the Court of Appeals in a wrtten opinion and Cert. was Denied by the U.S. Supreme Court.
OUTCOME: Affirmed on Appeal (Supreme Court Review Denied)
Affirmed the trial court's finding on summary judgment that account documents signed by the decedent naming beneficiaries as owners of accounts as "JTWRS" was an "Instrument" that assigned the accounts ... in Joint Tenancy with Rights of Survivorship and that the Defendant did not violate any fiduciary duties to the Benedficiaries and had followed the instructions of their client by delivering the securities to the surviving beneficiaries.
OUTCOME: Remanded by Court of Appeals-New Trial Pending
Major civil rights case pending in the 9th circuit Court of Appeals defining the Civil Rights of a plaintiff who was held beyond the statutory period in a county mental hospital (as well as other feder ... al issues). The seminal issue is whether this constitutes a violation of a constitutional liberty interest since he was not given his hearing within state law time frames--even though requested. The jury found he was wrongfully imprisoned, but the lower court judge did not find, as a matter of law, that there was a federally protected interest--therefore, the hospital's actions were subject to immunity. The issue on appeal is whether the trial court erred in taking away the Consitutional deprivation issue from the Jury as Mr. Nash was deprived of his contitutional rights and therefore entitled to damages and attorney fees. The case was argued in front of the 9th Circuit Court of Appeals on May 4th, 2009 and is under submission. The Court of Appeals Granted Nash a new trial ruling that the District Court erred in dismissing the civil rights claims. Additionally, a new trial on the wrongful imprisonment issue was ordered based on the improper jury instruction. A new trial will be scheduled and the matter is still pending.
OUTCOME: $900,000+Judgment plus Attorney Fees and Costs
Represented Bridgeview and principal owner in litigation related to a partnership venture with the defendant for a vineyard on its property. The litigation related to a dispute over various promissor ... notes which defendant contended were not due because they were only to be paid by grape production. Plaintiff contended that they were ejected from the partnership wrongfully and were justified in calling the notes due. Plaintiff also contended that they were entitled to damages to "Waste" and for violations to a stipulated injunction because defendant allowed the vinyeyard to go into disrepair causing defendant loss of profits and damages to its property interests in the vinyeyard. All damages for the promissory notes and for the waste were recovered from the Court and given by the Jury (in a notoriously conservative county) At the time of this wrting, attorney fees had not been determined.