Posted Briefs and Legal Memoranda

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Ordinary Commercial Litigation:

Appeal Brief in Backman v. Polaroid Corporation:   this brief presented Polaroid's appeal of a jury verdict holding it liable for Federal securities fraud for non-disclosure of issues relating to its Polavision product.   The jury verdict was reversed and the case dismissed.

Summary Judgment Brief in Emmert v. Goforth & Rice:  this brief presented defendants' case for summary judgment that nondisclosures in a land sale case did not rise to the level of actionable fraud under Oregon law.  They prevailed.

Natural Resources Litigation:

Summary Judgment Brief in National Wildlife Federation v. U.S. Army Corps of Engineers:  this brief was filed on behalf of the Columbia River Alliance in opposition to environmentalist attempts to use bogus EPA computer modeling of water temperature to make a case against the Snake River Dams under the federal Clean Water Act.  As of November 1999, the motion remains unresolved.

Petition for Rehearing in ALCOA v. Bonneville Power Administration:  this brief seeks rehearing of a May 10, 1999 decision of the United States Court of Appeals for the Ninth Circuit affirming BPA's decision to acquiesce in fishery agency plan BPA found would kill endangered fish and waste money.  The Ninth Circuit denied the petition.

Preliminary Injunction Brief in United States v. GPID:  this brief presented the defense of the Grants Pass Irrigation District to the request of the United States for an injunction against irrigation operations.  The injunction case was settled, at least for 1998 and 1999, with an agreement to permit continued irrigation.

Summary Judgment Brief in American Rivers v. NMFS:  this brief presented a defense of the 1995 Biological Opinion concerning operation of the Federal Columbia River Power System against environmentalist challenges under the Endangered Species Act.  The Ninth Circuit ultimately affirmed the District Court's dismissal of the environmentalist challenge to the 1995 biological opinion.

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