A railroader suffered a severe ankle injury when a tree he'd not been properly trained to cut split and fell on his ankle. After a couple weeks of jury trial, the case settled.
Personal injury
Train Wreck Brain Injury
Nov 22, 2021
OUTCOME: Jury verdict of $6,875,000
A train wreck resulted in a significant and lasting brain injury to a young woman, and the case was tried to a jury.
Personal injury
Welder injured by poor design and instruction
Jul 15, 2021
OUTCOME: Settlement in excess of $400,000
A welder was injured when a safety screen on a fan did not protect his hand when jump-starting a welder
Medical malpractice
Medical Malpractice Trial
Feb 25, 2021
OUTCOME: Jury verdict of $3,250,000
Trial in Philadelphia, Pennsylvania for medical malpractice in which a small piece of a medical device was left in a patient, which caused her pain and other physical ailments for years and also impact...ed her ability to have children.
Personal injury
Bike personal injury settlement
Jun 15, 2018
OUTCOME: Settlement in excess of $600,000
Bike rider was severely injured
Litigation
Cats v. CFOP1
Apr 14, 2008
OUTCOME: Plaintiff's verdict of full damages
This was a dispute over a breach of a lease and a company's intentional interference the sale of the leased property. The case resulted in a jury verdict and award of costs and fees.
Litigation
Jarvis v. K2
Mar 06, 2008
OUTCOME: A significant defense victory on a copyright issue
Our firm, Shannon L. McDougald, P.S., represented K2 in a dispute over the licensing and use of photographs by Chase Jarvis. The case was litigated through trial, appeal and remand, and I had a signif...icant role in the latter portions of the appeal and on remand, once I joined the firm.
Plaintiff entered trial having already received a summary judgment ruling in his favor on liability. Therefore, the trial was primarily about damages and the legal restrictions and availability of different kinds of damages. K2 successfully argued in the trial court for application of the collective works privilege to many of the images at issue at trial, resulting in a damage award far lower than had been sought by Plaintiff.
On appeal, the Ninth Circuit did reverse the finding regarding the collective works privilege, potentially opening the door to statutory damages (up to $150,000 per image, of which there were 24 additional infringements) and attorneys' fees, which were comparable to the original damage award.
On remand, K2 successfully argued that the registrations for most of the 24 images were invalid, resulting in an award of additional damages of approximately one tenth of one percent of the damages Plaintiff sought. Additionally, Plaintiff's attempt to obtain attorneys' fees was flatly rejected by the Court. Needless to say, the result was extraordinary.
Arbitration
Quinault Indian Nation v. KeyBanc et al.
Oct 25, 2007
OUTCOME: Positive defense outcome in arbitration
This was a significant arbitration, taking approximately 15 days in front of the arbitrators, in which the Quinault Indian Nation claimed wrongdoing in their securities transactions with McDonald Inves...tments and the registered representatives thereof, David Hohimer and our client, Michelle Hansen.
The result of the lengthy and complex arbitration was a finding of just a portion of the liability that had been claimed by the Quinaults, and it was universally viewed as a positive outcome from what became a rather ugly arbitration proceeding.