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Client Results - Litigation

    Appellate Litigation

    • Boutin Jones Inc. served as appellate counsel for a temporary staffing company and one of its employees in a trade secret dispute. The clients were represented by other counsel in the trial court action, which resulted in a jury verdict in their favor and an award of attorney's fees exceeding $700,000. The firm's appeal team succeeded in achieving affirmance of the judgment entered on the jury's verdict, successfully advancing both procedural and substantive arguments to preserve the jury verdict.  Shareholder Michael Chase was the primary Boutin Jones attorney on this matter.

    • Boutin Jones Inc. served as appellate counsel for the seller of a media duplication device, and two of its employees, in a patent infringement dispute. The clients were represented by other counsel in the trial court action, which resulted in a judgment against them exceeding $1.3 million. The firm’s appeal team succeeded in vacating the judgment and obtaining for the clients a new trial on damages and on the individuals’ personal liability. Shareholder Michael Chase and attorney Chris Gibson were the primary Boutin Jones attorneys on this matter.

    • Boutin Jones Inc. served as appellate counsel for a home study course materials provider in a franchise dispute. The firm’s appeal team succeeded in vacating a judgment against the provider exceeding $1.5 million. Shareholders Michael Chase and Bob Swanson were the primary Boutin Jones attorneys on this matter.

    • Boutin Jones Inc. served as appellate counsel for a manufacturing company arising out of a trade secret dispute with a competitor. The client was represented by other counsel in the trial court action, which resulted in entry of an injunction against the client. The firm’s appeal team succeeded in vacating the injunction. Shareholders Michael Chase and Bob Swanson were the primary Boutin Jones attorneys on this matter.

    Banking and Financial Institution Litigation

    • Boutin Jones Inc. served as litigation counsel for a publicly-traded regional bank against claims made by a participating community bank for breach of contract on a participation loan. Boutin Jones’ attorneys were able to effectuate an early, favorable resolution of the dispute. Shareholder Bob Swanson was the primary Boutin Jones attorney on this matter.

    Civil, Commercial and Business Litigation

    • Boutin Jones Inc. served as counsel for an Indian Tribe and tribal corporations in a dispute with California's Employment Development Department. The firm succeeded in obtaining a preliminary injunction in federal court, enjoining state officials from collecting over $19 Million in alleged unemployment reimbursement contributions on grounds of tribal sovereign immunity, requiring the officials to release liens on tribal property, withdraw levies on tribal accounts and deposit with the court over $500,000 collected from levies to that point. Shareholders Bob Rubin, Bruce Timm and Michael Chase were the primary Boutin Jones litigators on this matter.

    • Boutin Jones Inc. successfully prosecuted a claim for recovery of significant losses incurred by a banking institution when it discovered that the mortgaged property was encumbered by a senior lien.  The firm obtained a favorable ruling on insurance coverage for the losses from the Ninth Circuit  Court of Appeals in December 2011, facilitating a settlement. Shareholders Doug Hodell, Bob Swanson and Michael Chase were the primary Boutin Jones attorneys on this matter.

    • Boutin Jones Inc. served as counsel for a large retail grocery store chain sued by an individual for allegedly infringing his civil rights. The firm succeeded in having the federal court action dismissed, persuading the court that the store did not violate the First Amendment in prohibiting the individual from setting up a table outside the store in a putative effort to register voters. Shareholders Steve Boutin and Michael Chase were the primary Boutin Jones attorneys on this matter.

    • Boutin Jones Inc. served as counsel for a medical group in a dispute with an insurance company over the rates the group was entitled to be paid for new cutting-edge medical services provided to the insured patients. The firm’s trial team prevailed in arbitration at setting of the rate sought by the medical group, resulting in a significant increase in payments to the group by the insurer. Shareholders Steve Boutin and Michael Chase were the primary Boutin Jones attorneys on this matter

    • Boutin Jones Inc. served as counsel for a medical group in a dispute with a capitated health plan over the method of computing the capitated payments owed to the group under the parties’ agreement. The dispute arose after the passage of the federal Deficit Reduction Act of 2005 and the subsequent publication by Centers for Medicare and Medicaid Services (CMS) of Outpatient Prospective Payment System Relative Value Units (OPPS RVUs). The firm achieved a favorable settlement during the arbitration hearing which resulted in higher compensation to the group on a going-forward basis. Shareholders Michael Chase and Bob Swanson were the primary Boutin Jones attorneys on this matter.

    • Boutin Jones Inc. served as litigation counsel for an international semiconductor consortium in federal court involving claims of attempted monopolization under Section 2 of the Sherman Act and unfair competition under California’s unfair competition law. After over 2 years of litigation, the case was favorably settled for the firm’s client upon the literal eve of trial. Shareholders Steve Boutin, Bob Swanson and Maralee Eriksen were the primary Boutin Jones attorneys on this matter.

    • Boutin Jones Inc. served as trial counsel for members of the board of directors of a large non-profit corporation seeking access to information controlled by the corporation. After a three-day bench trial, the firm’s trial team succeeded in securing a judgment granting access to the requested information. Shareholders Bob Swanson and Maralee Eriksen were the primary Boutin Jones attorneys on this matter.

    • Boutin Jones Inc. served as counsel for a medical group in a dispute with a capitated health plan over breaches of the group’s exclusivity rights. The firm’s trial team prevailed in arbitration proving that the parties’ contract entitled the group to add services which constituted “technical advances,” and recovered in excess of $250,000 in damages and attorney’s fees for the medical group. Shareholder Steve Boutin was the primary Boutin Jones attorney on this matter.

    Director and Officer Liability Litigation

    • Boutin Jones Inc. served as litigation counsel for eleven former officers and employees of a software start-up against $250 million damage claims for alleged breach of fiduciary duty, fraud, and misappropriation of trade secrets. Following successful dispositive motions on plaintiff’s claims and motions in limine, the firm’s trial team was able to secure a favorable settlement for its clients at the start of the anticipate four month jury trial, settling the case during the three days of jury selection for $2.5 million, just 1% of the amount sought at trial. Shareholders Bob Swanson and Maralee Eriksen were the primary Boutin Jones attorneys on this matter.

    Employment Litigation

    • Boutin Jones Inc. served as trial counsel for a regional employee leasing company against wrongful termination/whistleblower claims made by a terminated employee. After a two-week trial, the firm’s trial team succeeded in defending against the employee’s claims in their entirety and judgment was entered for the employer. Shareholder Bob Swanson was the primary Boutin Jones attorney on this matter.

    Real Estate Litigation

    • Boutin Jones Inc. served as counsel to the seller of an apartment complex sued for fraud and breach of contract on the $18 million transaction.  The firm’s trial team eliminated the fraud claims through a motion for summary adjudication.  The case proceeded to trial on the remaining claims.  After a four-week jury trial, the jury returned a defense verdict for the seller on all remaining claims.  Upon entry of judgment, the court granted the seller’s request for an attorneys’ fee award in excess of $350,000, which the client thereafter collected.  Shareholders Bob Swanson and Mike Chase were the primary Boutin Jones attorneys on this matter.

    • Boutin Jones Inc. served as trial counsel to a real estate broker who had acted as a dual agent in the sale of a parcel of undeveloped agricultural land in Yolo County. The buyer sued the seller to rescind the transaction over a purported violation of the Subdivision Map Act. The seller then cross-complained against the broker on various negligence theories seeking over $600,000.00 in damages. Following a bench trial on the cross-complaint, the firm's trial team secured a defense judgment in favor of the broker completely absolving him from all liability related to the seller's claims. Shareholder Dan Stouder and associate Kevin Davis were the primary attorneys on this matter.

    • Boutin Jones Inc. served as counsel for a commercial tenant (a medical clinic) in a dispute with its landlord over the landlord’s desire to relocate the tenant to less desirable space. The firm prevailed in court in the landlord’s lawsuit against the clinic, and obtained from the court an award against the landlord for reimbursement of the attorney’s fees incurred by the clinic. Shareholders Steve Boutin and Michael Chase were the primary Boutin Jones attorneys on this matter.

    • Boutin Jones Inc. served as counsel for a commercial landlord in a dispute with the anchor tenant in a shopping center. After a three-week trial, the firm’s trial team succeeded in defending against the tenant’s claims that it was defrauded into entering into the lease because the shopping center did not comply with applicable zoning regulations, and prevailed on the landlord’s claims for breach of the lease and a personal guaranty. The firm helped the landlord obtain a judgment against the tenant for unpaid rent, as well as an award of attorney’s fees, exceeding $4 million. Shareholders Bob Swanson and Michael Chase were the primary Boutin Jones attorneys on this matter.

    • Boutin Jones Inc. served as counsel to commercial property owners against claims brought by the Redevelopment Agency of the City of Sacramento concerning development of the K Street Mall in Downtown Sacramento. Through successful strategic pre-trial litigation, including prevailing on a motion to expunge a lis pendens recorded against the clients’ properties by the Redevelopment Agency, Boutin Jones’ litigation team achieved a favorable settlement for the property owners in excess of $18 million. Shareholders Bob Swanson and Maralee Eriksen were the primary Boutin Jones attorneys on this matter.

    Client Results
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    Boutin Jones Inc.
    555 Capitol Mall, Suite 1500
    Sacramento, CA 95814
    T: 916.321.4444
    F: 916.441.7597
    info@boutinjones.com