Experience

Representative Work

• Adams v. Dupont, product liability.
• Bybee v. Amalgamated, breach of contract.

Professional Honors & Activities

• Fellow, American College of Trial Lawyers (ACTL), 1996-2009; National Foundation Board Member/Treasurer, 2008-2009; State Chair, 2004-2006; Chair, Jury Committee, 2005-2007
• International Association of Defense Counsel (IADC), 1989-2009, President, 2003-2004
• Dean of IADC Corporate Counsel College, Chicago, 2008
• American Inns of Court, 1995-2009, President Boise ID Inn, 2007-2008
• American Board of Trial Advocates (ABOTA), 2003-2009; Idaho Chapter V. P., 2008-2009
• Lawyers for Civic Justice (LCJ), Board of Directors, 2001-2007, Executive Committee, 2004-2007, President, 2005-2006
• American Bar Association (ABA), 1978-2009
• Idaho, Oregon and Washington Bar Association
• Fellow, American College of Trial Lawyers
• Selected as one of "America's Leading Lawyers for Business" (Idaho) by Chambers USA (Litigation: General Commercial), 2006-2009
• Best Lawyers in America in Commercial Litigation, 2007-2010
• Top 75 Mountain States Super Lawyers®
• Martindale Hubbell (A-V)
• Recipient, Idaho State Bar, Fourth District Liberty Bell Award, 2008
• Recipient, Idaho State Bar Denise O'Donnell Day Pro Bono Award, 2004
• National recipient, American Heart Association Gold Heart Award, 2004
• National recipient, American Heart Association Meritorious Achievement Award, 1995

Civic Activities

• St. Luke's Regional Medical Center Strategic Initiatives Committee, 2008–2009
• U.S. Supreme Court Historical Society, State Membership Chair, 2006-2008
• American Heart Association, 1987-2009; National Chair, Board of Directors and volunteer CEO, 1999-2000; National Co-Chair, Tobacco Settlement Review Committee, 1997; National Board of Directors, 1994, 1996-2001
• American Heart Association Gold Heart Award, national recipient, 2004
• American Heart Association Meritorious Achievement Award, national recipient, 1995
• United Way of Magic Valley, 1980-1990, Board of Directors, Campaign Chair, 1990
• Young Family Christian Association, Board of Directors, First Vice President, 1981-1983
• Magic Valley Regional Medical Center Foundation, Inc., Director and President, 1987-1990

Education

• University of Idaho Law School, J.D., 1978
• Stanford University, B.A., economics, 1975

Admissions

• Idaho
• Washington
• Oregon
• U.S. District Court for the Districts of Idaho, Washington, Oregon
• U.S. Court of Appeals for the Ninth Circuit

Print to word

• Presenter, "Masters in Jury Selection," ABOTA CLE, Seattle Washington, Oct. 2009
• "Working with Juries—Where Are We?—Jury System Review Since 2003," Idaho Judicial Conference, Oct. 2008
• "Lessons Learned from the 30(b)(6) Deposition," The Advocate, Idaho State Bar, Sep. 2006
• "Code of Trial and Pre-Trial Conduct," American College of Trial Lawyers CLE, U.S. District Court conferences in Boise, Pocatello and Coeur d'Alene, Idaho, 2006
• "Building a Case from Discovery to Trial and Beyond: Examination of Witnesses," Young Lawyers Division, Idaho State Bar, Boise, Idaho, 2006
• "Ada County Electronic Technology in the Courtroom," CLE seminar, Litigation Section, Idaho State Bar, Ada County Courthouse, Boise, Idaho, 2005
• "Technology in the Federal Electronic Courtroom," CLE seminar, Litigation Section, Idaho State Bar, U.S. Federal District Courthouse, Pocatello, Idaho, 2005
• "Electronic Discovery—Today and Tomorrow," CLE seminar, Idaho Paralegal Association, 2004
• "Technology in the Federal Electronic Courtroom," CLE seminar, Litigation Section, Idaho State Bar, U.S. Federal District Courthouse, Boise, Idaho, 2004
• "New Generation of Technology—Practical Tips for the Law Firm," CLE seminar, U.S. District Court's Conference, U.S. Federal District Court, Boise, Idaho, 2004
• "Making Your Case with Technology," Stoel Rives CLE seminar, Boise, Idaho, 2004
• "Amending the Federal Rules of Civil Procedure for Electronic Discovery Issues," The Advocate, Idaho State Bar, Dec. 2004
• "When Litigation Arises, Documents Are Critical," Idaho Business Review, 2003
• "Making Jury Duty a Little Friendlier," The Advocate, Idaho State Bar, Oct. 2003
• "Unfair Competition—Review of New ALI Restatement," CLE seminar, International Association of Defense Counsel, Monterey, California, 1997
• "Unfair Competition"—ALI Restatement of the Law, 1997
• "Fraudulent Business Transactions—Attorneys' Potential Exposure to Liability," 63 Defense Counsel Journal 509, 1996
• "Enforceability of Non-Competition Clauses Affecting Lawyers," 62 Defense Counsel Journal 58, 1995
• "Fraud: Another Name for Greed," CLE seminar, International Association of Defense Counsel, Greenbrier, West Virginia, 1995
• "Enforceability of Non-Competition Clauses Affecting Lawyers," Business Litigation Committee, International Association of Defense Counsel, Colorado Springs, Colorado, 1994
• "The Law of Nuisance and Trespass as They Impact Animal Containment Operations in Idaho," 30 Idaho Law Review 485, 1994
• "Appellate Advocacy," Idaho Law Foundation, Boise, Idaho, 1992
• "Construction of Insurance Contracts in Idaho," 17 Idaho Law Review 476, 1981

Print to word

Representative Work

Agriculture-Related Cases

• Lead defense counsel in numerous agricultural products liability cases dealing with sprinkler systems, crop damage and wrongful death
• Lead counsel in feed lot/nuisance case, successfully defended and maintained rights to operate feed lot
• Lead counsel for DuPont in a mass tort agricultural products liability defense
• Lead plaintiff's counsel in a multimillion dollar commercial crop loss case against a major chemical producer
• Lead counsel for Amalgamated Sugar in an agricultural-related breach of contract/antitrust case with $8,000,000 claims damages
• Lead plaintiff's counsel in a commercial condemnation case dealing with the U.S. Bureau of Land Management

Environmental Cases

• Lead local counsel for a multimillion environmental contamination coverage dispute involving over 20 insurers and overlapping and layered insurance policies
• Lead counsel in several environmental cleanup matters and in several insurance coverage cases for a regional insurance company Class Action/Derivative Cases
• Lead counsel for Albertson's and SUPERVALU in product liability class-action, multidistrict litigation with damages claimed in the multimillions
• Lead counsel for Albertsons defending both a class action and a derivative action case claiming millions of dollars of damages
• Lead local counsel for Albertsons in class action for breach of Board of Directors' fiduciary duty to shareholders and attempting to stop a $17,000,000,000 transaction

Securities-Related, Insurance and Probate-Related Cases

• Lead counsel for Mutual of Enumclaw in several insurance coverage/bad-faith cases
• Lead counsel in attorney general securities lien against client
• Represented Albertsons in breach of securities, contract and employment case with damages claimed in the multimillions of dollars (lead counsel)
• Lead counsel in a million-dollar will dispute, including the primary beneficiary (client), omitted heirs and 42 peripheral beneficiaries

Damages, Injury and Wrongful Death Cases

• Lead counsel in a large utility fire resulting in the destruction of 9 homes, the damage of an additional 9 homes and one fatality
• Lead counsel in two brain injury cases, resolved favorably for our clients
• Lead counsel for defendant in a multimillion dollar, 80-plaintiff wrongful-death claim in New York City
• Lead plaintiffs' counsel for two wrongful-death claims arising from a commercial airliner crash, and member of the plaintiffs' steering committee in Detroit, Michigan which resulted in multimillion dollar recovery for clients

Jury Trials

• Daw v. Amalgamated Sugar Company (crop loss defense)
• Bywater v. Bywater (personal injury defense)
• Hatfield v. McMurray (personal injury defense)
• Bohrn v. Dueker (personal injury defense)
• Jacob v. USF&G/JAB/Bradford (fraud defense)
• Harper v. Magic Valley Potato Shippers (contract dispute)
• Pearson v. Prime, Inc. (personal injury defense)
• Fleck v. Western Realty (fraud defense)
• Henderson v. Jacobsen (real estate mortgage foreclosure)
• Hamilton v. Winslow (fire loss defense)
• Cheney v. Cheney (personal injury defense)
• Breennan v. Shildmyer (collection on promissory note)
• King v. Leffler (personal injury defense)
• George v. Griffin - (destruction of a potato cellar defense)
• Greeninger v. Wood River Auto (personal injury defense)
• Griffith v. Latham & Chrysler Corp. (lemon law defense)
• Latham v. Phillips (contract dispute)
• Payne & St. Leon v. Skaar (nuisance defense)
• U.S.A. vs. 11.24 acres (condemnation action)
• Thompson v. P.S.I. (personal injury defense)
• Mendoza v. Lind (farm personal injury defense)
• Guerrero v. Bob's Farm (farm personal injury defense)
• Wassertrom v. Whitehead (construction defect case)
• Marlin v. MacKelly (personal injury defense)
• Wooley v. Dunbar (commercial property contract suit)

Court Trials

• Mingo v. Greene (defense of an insurance agent)
• Dick v. Geist (covenant not to compete action)
• Heida v. School Distr. 411 (improper dismissal)
• Squires v. Roy Raymond Ford (negligent repair claims)
• Pohlman v. Tsuga Hata (personal representative estate contest)
• Ginder v. Kelley Nurseries (chemical over spray defense)
• Weaver v. Searle (bad wheat seed claim)
• American Heart Association v. Tierney (embezzlement prosecution)
• Williams v. Bailes (personal injury defense)
• Monsanto v. Pacific Corp (utility contract dispute)

Settlements Resolved on Dispute Motion

• Happy Land Social Club Fire (wrongful death mass action)
• Raymond v. Comair (aviation wrongful death case)
• University of Idaho Foundation v. Civic Partners (commercial breach of contract claim)
• Paoloni v. Albertson's (corporate fiduciary duty claim)
• Carmella v. Albertson's (class action defense)
• Gabriel v. Albertson's (wrongful discharge claim)
• Hot Fuels MDL Case - Kansas City (corporate multi-district litigation)

Arbitrations

• Gary's Westland Motors v. Olander Paving (construction contract dispute)
• Chappel v. Fleming Foods (non-competition dispute)
• Zozula v. Purely Supreme Foods (breach of employment contract)

Reported Decisions

• Clark v. St. Paul Prop. & Liab. Ins. Co. (declaration judgment)
• Hirst v. St. Paul Fire & Marine Ins. (insurance coverage dispute)
• Bartlett v. Peak (personal injury dispute)
• Strout Realty v. Milhouse (broker's commission dispute)
• Standlee v. St. Paul Fire & Marine, Inc. Co. (professional liability and office liability insurance policies)
• Jerome Thriftway Drug v. Winslow (fire loss dispute)
• Culp v. Tri-County Tractor (subordinated promissory note dispute)
• Arrington v. Arrington Bros Const. (commercial construction contract dispute)
• Latham Motors v. Phillips (lemon law case)
• Mutual of Enumclaw v. Wilcox (insurance coverage dispute)
• Payne v. Skaar (nuisance case)
• Consolidated AG of Curry, Inc. v. Rangen, Inc. (commercial lease case)
• Weaver v. Searle (commercial agricultural crop dispute)
• Storrer v. Kier Construction Corp. (arbitration contract dispute)
• Comer v. County of Twin Falls (zoning dispute)
• Mutual of Enumclaw Life Ins. v. Lincoln (insurance coverage dispute)
• West v. Sonke (wrongful death action)
• Pfau v. Comair Holdings, Inc. (aviation wrongful death dispute)/li>

Print to word