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Appellate

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Ater Wynne handles important appeals in federal and state court for a variety of clients. Our attorneys have briefed and argued cases before the United States Supreme Court and the Oregon and Washington Supreme Courts, and we frequently appear before the 9th Circuit Court of Appeals and the Oregon and Washington Courts of Appeals.

We focus our briefs on the critical legal issues likely to attract the attention of busy appellate judges, and our written work is characterized by rigorous legal analysis and a clear and readable style. We strive to make complex factual and legal disputes understandable and more common grounds for appeal fresh and persuasive. We are knowledgeable about the judges of the Washington and Oregon appellate courts and the Ninth Circuit, and we are familiar with the styles, approaches to judging, and oral argument practices of the different courts.

The appeals handled by Ater Wynne attorneys are as diverse as law itself, but we have made our mark with precedent-setting decisions involving complex business and public law issues, including securities law, bankruptcy, employment law, constitutional law, products liability, energy, antitrust, and administrative rule-making.

Our attorneys are also experienced in tax, construction law, election law, insurance, and land-use appeals. Our clients range from technology and industrial companies to trade associations, public entities, and individuals. Our work includes appeals from jury verdicts, trial court judgments, and administrative hearings, as well as original proceedings in appellate courts, such as mandamus actions.

Our appellate expertise is based on scores of successful briefs and arguments. We also benefit from the insights of Ater Wynne attorneys who have clerked for the Oregon appellate courts. Other members of the firm have served as law review editors and continue to publish legal articles widely read by courts and practicing lawyers.

Related Industries:
Energy  
Healthcare  
Manufacturing   
Natural Resources   
Real Estate/Construction  
Tribal Economic Development

Representative Clients:

Bank of New York
Time Warner Telecom of Oregon, LLC


Representative Cases:
Time Warner Telecom of Oregon, LLC v. City of Portland, U.S. Supreme Court and Ninth Circuit Court of Appeals: We briefed issues of federal preemption of local telecom regulation, including a petition for certiorari to the U.S. Supreme Court.

Springfield Utility Board v. Emerald People's Utility District, Oregon Court of Appeals: We represented the Oregon People’s Utility District Association as amicus curiae in this appeal, which resulted in an important interpretation of statutes governing People’s Utility Districts.

Asiatic Company (USA), Inc. v. Expeditors International of Washington, Inc., Oregon Court of Appeals and Supreme Court: We represented the defendant in this commercial law case, in which the appellate courts affirmed a trial court judgment in favor of our client.

Chance v. Coquille Indian Tribe, Oregon Supreme Court: We represented the Coquille Economic Development Corporation in this mandamus proceeding, obtaining a ruling that the doctrine of tribal sovereign immunity barred an action against a tribal organization in state court.

State ex rel. Sports Management v. Nachtigal, Oregon Supreme Court: We briefed this case addressing novel issues of trade secret protection versus media free speech rights.

Local No. 290 v. Oregon Dept. Of Environmental Quality and Glenbrook Nickel Company, Oregon Court of Appeals and Oregon Supreme Court: We represented Glenbrook Nickel Company in this action involving successful defense of permits issued by the Oregon Department of Environmental Quality. This case resulted in an important ruling by the Oregon Supreme Court on the scope of standing under the Oregon Administrative Procedures Act.

Cox v. Viacom International, Inc., Ninth Circuit Court of Appeals: Denial of plaintiff's motion for class certification, and Ninth Circuit's refusal to review that denial, resulted in a voluntary dismissal of plaintiff's securities fraud claim against our bank client.

State of Oregon, Oregon Motorcycle Riders Association and Oregon Hunters Association v. Huessy, ORegon Court of Appeals and Oregon Supreme Court: We briefed and argued this appeal which resulted in affirmance of summary judgment for our client on a prescriptive easement claim.

Trudel v. Stoltz, United States Court of Appeals for the Ninth Circuit: The Ninth Circuit affirmed dismissal of a civil RICO claim filed against our client.

Evergreen International Airlines, Inc. v. Pan American Airways, Inc., United States Court of Appeals for the Ninth Circuit: The Ninth Circuit affirmed summary judgment in favor of our client on claims arising from the bankruptcy of Pan American Airways.

Huntington Bank, Inc. v. Gilchrist Timber Company and Miller, Nash, Wiener, Hager & Carlsen, United States Court of Appeals for the Ninth Circuit: The Ninth Circuit affirmed summary judgment in favor of our client in this action for fraud, negligent misrepresentation, and breach of fiduciary duty.

Mid-Set Cogeneration Company v. Pacific Gas & Electric Company, California Court of Appeal: We obtained reversal of the trial court judgment involving interpretation of a power purchase contract.

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Appellate Attorneys:
Lori Irish Bauman (Contact, Portland)
James B. Davidson
Nathan A. Karman