Representative Cases - Litigation

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Real experience, favorable results

HCMP's experience in litigation spans a vast array of industries and clients. HCMP has participated in numerous high-profile cases and has a proven track record of producing favorable results. The following is a sampling of representative cases HCMP has been involved in.

Neuheisel v. University of Washington and NCAA.
We defended the University of Washington in the lawsuit brought by its former head football coach, Rick Neuheisel, after he was fired by the University. Following a six-week jury trial, this case was resolved favorably for our client.

Cutshaw v. Weyerhaeuser Co.
This firm represented Weyerhaeuser Company in an action brought by 242 residents and property owners in Aberdeen, Washington, involving Weyerhaeuser's Cosmopolis Mill. Plaintiffs asserted claims under the Model Toxics Control Act, the Hazardous Waste Management Act, and Washington air pollution regulations, along with a variety of traditional tort claims. A jury verdict on the claims of the first 22 plaintiffs awarded those plaintiffs less than one-tenth the total amount of damages sought. Appeals were filed by plaintiffs and Weyerhaeuser, and a settlement was reached soon thereafter.

Alakayak v. All Alaskan Seafoods, Inc., et al.
We represented Mitsubishi Corporation and Mitsubishi International Corporation in this antitrust class action in Anchorage, Alaska. The class plaintiffs alleged a price fixing conspiracy among purchasers of Bristol Bay salmon, seeking compensatory damages of $325 million, and treble damages of $975 million. A settlement dismissing all claims against Mitsubishi was reached after we filed a motion for summary judgment.

Bristol-Myers Squibb Company.
We represent Bristol-Myers Squibb in pharmaceutical products liability cases in Washington State, including class action cases and individual cases. In LaMontagne v. Bristol-Myers Squibb Company, 127 Wn.App. 335, 111 P.3d 857 (2005), we successfully argued that plaintiffs' claims should be dismissed on summary judgment because the warnings in the pharmaceutical package insert were adequate as a matter of law.

Zymogenetics, Inc. v. Immunex Corporation.
We were co-counsel for defendant Immunex Corporation in this biotechnology patent infringement case. The case involved the novel use of a neutral expert to provide the court with a tutorial on the biotechnology involved in the litigation. The case was favorably resolved pursuant to a license agreement.

Horizon Air Industries, Inc. v. Dornier Luftfahrt GmbH.
We represented Horizon Air in an arbitration pursuant to the rules of the International Chamber of Commerce, seeking return of millions of dollars of deposits, in a case arising out of Horizon's termination of an aircraft purchase agreement. The case was settled favorably to Horizon during the course of the arbitration hearing.

Washington State Investment Board v. The New England Mutual Life Insurance Co.; In re New England Mutual Life Insurance Company Litigation; and In re Washington / Ohio Pension Funds Litigation.
We were co-counsel for The New England Mutual Life Insurance Company and its subsidiary, Copley Real Estate Advisors, Inc., in suits in federal and state courts arising out of approximately $800 million in real estate investments. Plaintiffs, the Washington State Investment Board, the State Teachers Retirement Board of Ohio, and putative class action plaintiffs, asserted claims totaling $1.2 billion for federal and state securities fraud, breach of fiduciary duties, breach of contract, common law fraud, and negligence. The federal class action case was dismissed on a motion (and the dismissal affirmed on appeal), and the state court case was successfully resolved through mediation before trial.

Cascade Airways v. Horizon Air Industries, Inc.
We successfully defended Horizon Air in this $78 million RICO and securities fraud case brought in federal district court in Spokane, and in a parallel case brought in Spokane County Superior Court. The federal case was dismissed on our motion for summary judgment, and the dismissal was affirmed by the Ninth Circuit Court of Appeals. The state case was dismissed by the plaintiff after we filed a motion for summary judgment.

Merrell Dow Pharmaceuticals Inc.
We defended Merrell Dow in over 30 Bendectin product liability cases filed throughout Washington state. Two of the cases were consolidated in federal district court in Tacoma for a four-week jury trial, which resulted in a defense verdict.

Celotex Corp.
We managed in excess of 1,100 asbestos cases for Celotex on a negotiated fee basis. Our approach stressed streamlined case management and strict application of a settlement matrix. To enforce the matrix, we took 28 jury cases to verdict in federal district court and state superior court. We obtained favorable trial or appellate decisions in 23 of the cases.

Chilkoot Lumber Co. v. Weyerhaeuser Co.
We successfully defended Weyerhaeuser in a four-month federal jury trial in Alaska, where plaintiff sought damages of $50 million for alleged destruction of businesses, based on claims of fraud, misrepresentation and breach of contract.

Merrill Lynch, Pierce, Fenner & Smith Inc.; Citigroup Global Markets, Inc.; J.P. Morgan Chase & Co.; Edward D. Jones & Company; CIBC Oppenheimer Corp.; Fidelity Brokerage Services LLC; and D.A. Davidson & Co., Inc.
We handle a wide variety of securities cases for these and other clients in state and federal courts and before arbitration tribunals of various regulatory organizations. Lawyers in the firm also regularly serve as arbitrators in securities cases.

Mitsubishi International Corporation; Weyerhaeuser Company; Merrill Lynch, Pierce, Fenner & Smith Inc.; Citigroup Global Markets, Inc.; Edward D. Jones & Company; NCR Comten Corporation; Horizon Air; Princeton Packaging Corporation; Armored Transport; and JAMCO America, Inc.
We have handled numerous employment matters for these clients, in cases in state and federal courts and before the Equal Employment Opportunity Commission, State Human Rights Commission, and various other administrative and arbitration tribunals.

Weyerhaeuser Real Estate Company; Quadrant Corporation; and CalPortland Company.
For these and other clients, we have handled a wide variety of real estate litigation, including ownership and conveyancing actions; boundary disputes; landlord-tenant matters; non-disclosure cases; and litigation involving mortgages, deeds of trust, liens and other encumbrances.

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