Trial Court Decision (which we prevailed on) was affirmed by Oregon Court of Appeals. The court decision was an affirmation of the right of the dominant property holder to relocate an easment road within the confines of the easement as long as there was no intereference with the right of way. Significan attorney fees were awarded to the prevailing party by the court.
Micromedia Publishers v. Europress
Defended a local publishing company in Federal Court on a significant copyright infringement lawsuit by a European software company for alleged breach of a licensing agreement. After much discovery and threats by plaintiff's counsel of major damages, the case quickly settled favorably with terms which "cannot be disclosed" pursuant to court order.
Nash v. Lewis at al
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 federal 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.
Nash v. Lewis et al
Reversed and Remanded for New Trial
After trial court dismissal of civil rights appeal, 9th Circuit Court of Appeals reversed and remanded, finding that there were sufficient facts to warrant a trial to determine whether petitioners civil rights were violated due to his being held in violation of state law. Additional findings to determine damages.