Litigation

With decades of experience in the courts throughout Oregon and Washington, businesses and insurance companies throughout the Northwest United States trust the attorneys at Fetherston Edmonds, LLP when the matter requires litigation.

A key component of our transactional practice is a forward-thinking approach designed to minimize the potential for future disputes arising due to a misinterpretation or misapplication of the contract.  Also, we draft agreements with an eye toward protecting our clients' rights and interests should a dispute in fact arise.  Nevertheless, business disputes are a fact of life, and some require recourse to the courts to resolve.  Through mediation, arbitration, trial, or appeal, we seek the method of resolution that will best serve our clients.  

Construction Law

Construction defect litigation can involve a multitude of parties, such as property owners, developers, contractors, subcontractors, architects, and engineers.  We deal with alleged defects based on workmanship and materials, design defects and soil and slope stability, and many other issues.  Construction litigation may involve mechanics' liens, change orders and stop notices, or other questions of performance and payment.

Commercial Litigation

Our broad-based business experience enable us to handle any type of business or commercial litigation, whether the matter involves an alleged breach of contract or business torts such as interference with business contracts, fraud, or unfair trade practices.  We also represent clients in intellectual property matters such as trademark infringement, trade secrets, and theft of proprietary information.

Estate and Probate Litigation

The administration of an estate does not always go smoothly, and litigation is often required to challenge or defend the terms of a will, trust, or other estate planning document.  Will contests may allege that one will is valid over another, or that a will was improperly signed or witnessed, or created by a testator who lacked the capacity to make a will.  Allegations of fraud, duress, or undue influence can lead to contentious battles among family members, prospective heirs, or others who desire to see that the testator's wishes be carried out correctly.  We work to resolve these disputes through negotiations and mediation wherever possible, but when litigation is the best or only recourse, we are strong, effective advocates for our clients' interests.

Employment Law

As advisors to small, medium, and large businesses, we are prepared to defend employers in cases involving wage and hour claims of unpaid overtime, rest breaks, and meal periods, and similar issues.  We also defend employers accused of sexual harassment or employment discrimination based on age, race, sex, or religion, and wrongful termination based on alleged discrimination or as retaliation for whistleblowing.

Professional Malpractice

Our extensive work for insurance companies includes litigating cases of legal or attorney malpractice on behalf of the insurer, including claims involving negligence and neglect, conflict of interest, incompetence, or breach of a fiduciary duty.  Litigating a legal malpractice case often requires litigating the underlying matter as well as trying the malpractice issue, as the plaintiff is required to show that without the malpractice the legal matter would have turned out differently.  Our litigation experience over a wide range of legal matters helps us to successfully litigate legal malpractice cases as well.

The scope of our representation also includes defending accountants and doctors in medical malpractice litigation.  In addition, our considerable experience in the construction industry helps guide us in cases involving design professionals such as architects and engineers.