Commercial Litigation

Commercial Litigation

Life is provided meaning and depth if we are blessed with the opportunity to engage in endeavors that are worth doing. We represent clients who work hard to accomplish important goals and plans for their businesses or other economic endeavors. It is very difficult for most businesses to recover from business relationships based upon lies or the failure of another to honor business agreements made.

Below are some examples of commercial litigation awards and settlements obtained by our clients.

A developer of two multi-residential developments sued American Savings and Loan Association, the largest savings and loan association in the United States, for the breach of two multi-million dollar construction loan agreements. After trial, the jury awarded the client more than $800,000 of lost profits. After trial, American Savings was taken over by the U.S. Government and dissolved. Two successful appeals resulted in collection of $2,000,000 in damages, interest and attorney’s fees against the United States Government.

A company was in litigation against its own insurance companies. The litigation was over the meaning of terms and conditions contained in a business interruption insurance policy, and the amount of damages claimed under the disputed terms. Our client lost over $300,000,000 of profits during a time when negligence interrupted delivery of product to customers. Before trial, the insurance companies settled with the client for over $300,000,000.

Shepherd and Allen represented a cattle dealer who was accused of selling diseased cattle to dairy farmers in Whatcom County, Washington. Seven dairy farmers were seeking recovery from the State of Washington and two cattle dealers. In the first trial, four farmers were seeking more than $2,000,000 in damages from one of the cattle dealers. After a four week trial, the jury determined that our client did not sell diseased cattle and was not responsible for the infection.

Our client, over the period of more than ten years, was the owners of certain technologies and intellectual properties. Our client’s first litigation was against Canadian and California partners. Settlement of the first litigation resulted in the Canadian and California companies retaining the rights to one of three inventions. The inventor retained the exclusive rights to a second invention and all associated intellectual property. Our client was awarded the third invention and all associated intellectual property.

The second litigation, resulted in findings of fact and conclusions of law assuring our client that they retained all rights in all patents and intellectual property related to the third technology. After the second litigation, the client’s company entered agreements selling the third technology for over $100,000,000.

“You must not distort justice. . . . Justice and only justice shall you pursue . . .” Deuteronomy 16:19-20.