Appeals
We’ve represented clients in the following courts:
- The U.S. Supreme Court
- U.S. Circuit Courts of Appeals (including the Ninth and Federal Circuits)
- Oregon Supreme Court
- Oregon Court of Appeals
- Washington appellate courts
- California appellate courts
Tonkon Torp’s appellate lawyers are experienced and familiar with every step of the appellate process, and we have deep experience doing the following:
- Advising clients on the likelihood of success
- Ensuring a complete appellate record
- Using appellate motions practice to reduce costs to clients
- Drafting concise and persuasive merits briefs
- Delivering effective oral arguments
- Preparing and responding to petitions for higher review
Attorneys
Tonkon Torp Helps to Clear Path for Building Mosque, Other Religious Facilities
Tonkon Torp appellate attorney Bob Koch recently won a favorable ruling from the Oregon Court of Appeals that allows for Masjid Ibrahim, a local mosque, to be built in the Bethany area of Multnomah County. The court’s ruling is also an important victory for all proposed places of worship throughout Oregon.
Robert Koch Wins Pro Bono Appeal at Oregon Supreme Court
Tonkon Torp attorney Robert Koch, Chair of the firm’s Appellate Practice Group, won a family law appeal in the Oregon Supreme Court involving a child custody dispute for his client.
Tonkon Torp Wins Appellate Victory in Auto Insurer Case
Tonkon Torp recently achieved a complete appellate win on behalf of its client, Leif Hansen, in the Ninth Circuit Court of Appeals. In 2018, Tonkon Torp attorneys Steve Olson, Paul Conable, and Meg Houlihan represented Hansen individually and in a proposed class action against his auto insurer, GEICO, for refusing to pay for digital scans of his truck as part of the truck’s repair following a collision. Hansen sued for breach of contract under his insurance policy and breach of the implied covenant of good faith and fair dealing. The federal district court dismissed the complaint for failure to state a claim. That dismissal prompted an appeal to the Ninth Circuit, which was led by Bob Koch and Meg Houlihan.
Tonkon Torp Wins Dismissal of RICO Claims Attacking Cannabis Industry – First of its Kind in 9th Circuit
Tonkon Torp secured a dismissal of civil RICO claims filed in federal court based on defendants' involvement in an Oregon Medical Marijuana Program grow operation. Four civil RICO cases have been filed this year in Oregon against nearly 300 businesses and individuals engaged in state-authorized cannabis activity.
Tonkon Torp Wins Appellate Victory in Lake Oswego Access Dispute
Tonkon Torp litigators won a remarkable victory at the Oregon Court of Appeals in the ongoing high-profile dispute regarding public access to Oswego Lake. Here are the details.
Ninth Circuit Victory Assures Electricity Rate Stability
Representing Portland General Electric (PGE), Tonkon Torp appellate lawyers successfully argued for the Ninth Circuit U.S. Court of Appeals to uphold a settlement by the Bonneville Power Administration (BPA). Find details and more featured cases here.
Administrative Law/Insurance Rate-Setting
Represented a health insurance provider in a rate dispute filed by a consumer. The Oregon Court of Appeals affirmed the decision of the Department of Consumer and Business Services, allowing the rates to stand. (Oregon Court of Appeals)
Administrative Law/Water Law
Represented a hydroelectric developer in a citizen dispute regarding a proposed hydroelectric project on an existing dam. The Oregon Court of Appeals affirmed the decision of the Water Resources Department, allowing the project to go forward. (Oregon Court of Appeals)
Americans With Disabilities Act
Represented Georgia-Pacific in an appeal establishing standards for when a return to work performance test constitutes a medical examination subject to the requirements of the Americans with Disabilities Act. (Ninth Circuit Court of Appeals)
Antitrust Law
Represented a doctor in a case in which the jury found that our client's hospital privileges were revoked as a result of an unlawful conspiracy and monopolization. The U.S. Supreme Court held that defendants' actions were not immune from antitrust liability under the state action doctrine. (Ninth Circuit Court of Appeals, U.S. Supreme Court)
Bankruptcy
Represented a law firm in a voluntary Chapter 11 bankruptcy proceeding, including two appeals filed by a creditor. (USDC District of Oregon, Ninth Circuit Court of Appeals)
Bankruptcy
Represented a bankruptcy trustee in litigation to determine who owns certain stock that previously belonged to the debtor. (Ninth Circuit Bankruptcy Appellate Panel)
Civil Rights/First Amendment
Represent the plaintiffs in Moss vs. U.S. Secret Service, a civil rights case arising out of the demonstrations in southern Oregon during President Bush's 2004 campaign visit. (Ninth Circuit Court of Appeals)
Class Action/Employment Law
Represented the nation's largest veterinary chain in a wage and hour class action in federal court in California, including substantial motions practice. (USDC Central District of California)
Constitutional Law
Defended attacks by the American Trucking Associations against Oregon's heavy truck tax system. The Oregon Supreme Court held that the tax did not violate the Commerce Clause of the U.S. Constitution. (Oregon Court of Appeals, Oregon Supreme Court, U.S. Supreme Court)
Consumer Claim Against Auto Insurer
Complete appellate win for client engaged in an individual and class action lawsuit against GEICO, a national auto insurer. Ruling reverses district court decision to dismiss claims for breach of contract and breach of the implied covenant of good faith and fair dealing. (Ninth Circuit Court of Appeals)
Consumer Law
Represented an individual consumer in a successful lawsuit against a large credit card company for unlawful practices under the Fair Credit Billing Act and Unlawful Debt Collection Practices Act. (Ninth Circuit Court of Appeals)
Criminal Law
Represented the defendants in a criminal environmental enforcement action related to an alleged release of hazardous material. (Oregon Court of Appeals)
Disability Discrimination
Represented an employer in a disability discrimination case in which the plaintiff asserted that Oregon employers must accommodate medical marijuana use. As a matter of first impression, the Oregon Supreme Court held that Oregon law takes into account mitigating measures to decide whether an employee is disabled and entitled to disability protection. (Oregon Supreme Court)
Discrimination Case
Represented NIKE in a discrimination case, in which the jury returned a verdict in NIKE's favor and the Ninth Circuit affirmed. (Ninth Circuit Court of Appeals)
Employment Law
Represented Asante in an employment dispute involving the Oregon reinstatement and reemployment statutes. Prevailed on the correct interpretation of the statutes, including in the Oregon Supreme Court, ultimately resulting in the dismissal of the two main claims in the case. (Oregon Court of Appeals, Oregon Supreme Court)
Employment Law
Obtained affirmance of a summary judgment decision holding that a bakery's compensation system for a class of route sales drivers provided the reasonable equivalent of overtime and was therefore exempt from Washington's overtime laws. (Washington Court of Appeals, Washington Supreme Court)
Guydish v. U.S. Bakery
(King County, WA Superior Court/Washington Court of Appeals) – Defended successfully, in trial court and on appeal, a class action seeking unpaid overtime on behalf of route sales persons for a regional company.
Land Use
Represented a large industrial landowner in a series of appeals successfully challenging the City of Portland's North Reach River Plan ordinance as failing to comply with Oregon's statewide land use planning goals and the City's own comprehensive plan. (Land Use Board of Appeals, Oregon Court of Appeals, Oregon Supreme Court)
Legal Malpractice
Represent a bankruptcy trustee in a lawsuit against the debtor's former legal counsel. (Oregon Court of Appeals)
Measure 49 Appeal
Obtained decision from Oregon Court of Appeals approving construction of an additional homesite on client's property under Ballot Measure 49, overturning state agency and County trial court which had ruled against client.
Non-Profit/Employment Law
Successfully represented a non-profit community orchestra against the Oregon Employment Department in dispute over independent contractor status of musicians. (Oregon Court of Appeals)
Patent Infringement
Represent Apeldyn Corporation in patent infringement litigation against Sony, Samsung, AU Optronics, and Chi Mei Optoelectronics. The lawsuits are for infringement of Apeldyn's patents related to the fast response liquid crystal systems used in flat panel screens. (Federal Circuit Court of Appeals)
PEBB v. OHSU
Successfully pursued Oregon Health & Science University’s right to recover a proportionate share of approximately $25 million, including interest, received by the state from the 1999 demutualization of Standard Insurance Company. (Marion County Circuit Court/Oregon Court of Appeals)
Public Records
Represent the ACLU of Oregon in an appeal under Oregon’s Public Records Law. The ACLU is seeking records concerning a Eugene Police Department investigation on public interest grounds. (Oregon Court of Appeals)
Real Property Law
Obtained reversal of trial court's decision on one issue (adverse possession) and reversal of Court of Appeals' decision on another issue (accretion) to obtain a complete victory for client real estate investor. This real property dispute involved a significant parcel of land on the Oregon coast. The case turned on complex accretion issues, a 150-year deed record, and alleged adverse possession of vacant land. (Oregon Supreme Court)
Tax Litigation
Represent Crystal Communications, Inc. in a dispute with the Oregon Department of Revenue. At issue is whether a Florida-domiciled S corporation's $48 million gain on the sale of an FCC license in Oregon is subject to apportioned taxation as business income in Oregon. (Oregon Supreme Court)
Tort/First Amendment
Represented the plaintiffs in Obsidian v. Cox, a defamation case against an Internet blogger that received national attention from media, bloggers, and constitutional scholars. The case involved the difficult balance between First Amendment speech and press protections and state defamation laws in the Internet age. (Ninth Circuit Court of Appeals)
Walker v. Metro One
(Multnomah County Circuit Court/Oregon Court of Appeals) – Obtained damages for an investor at trial for breach of convertible promissory note where company had refused to issue shares; successfully defended appeal.