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Representative Results

Sophisticated commercial clients know that the most successful outcomes are almost always those in which lawyers resolve a dispute without any litigation whatsoever. That said, sometimes litigation is the only option – and sometimes litigation requires victory in the courtroom. In those circumstances, Nold ♦ Muchinsky has consistently excelled. Some of these outcomes include:

LS Holdings et al adv. Miller et al.: A real estate developer relied on a limitation of remedies provision in a purchase and sale agreement, to limit two condominium buyers to the sole remedy of a return of their earnest money. Developer obtained summary judgment dismissal of all claims. The Court of Appeals affirmed, reversing a denial of developer’s attorney fees, and the Washington State Supreme Court affirmed in a unanimous decision.

Bellevue Square Managers v. GRS Clothing: A commercial landlord initiated unlawful detainer proceedings against a tenant, who claimed a continuing right to possession based on an assignment of lease that was not disclosed to landlord. A one week trial was convened to adjudicate the right to possession; landlord prevailed. The Court of Appeals affirmed.

Terramar Retail Centers v. Hall, et al.: A commercial landlord sued for damages arising from a breach of lease. The tenant claimed that landlord had failed to adequately mitigate its damages by pursuing a proposed new tenant suggested by outgoing tenant. Landlord obtained summary judgment rejecting that argument as a matter of law. The Court of Appeals affirmed.

Schuetzle v. Lineberger et al.: A partnership dispute arising from the ownership of a successful health club. A partner was forced to sue to have his interest in the club recognized; six counterclaims were filed against him. All counterclaims were dismissed on summary judgment. A trial was held on the partnership claims; a judgment of nearly one million dollars was ultimately entered. The underlying claim and the valuation of the club were each affirmed separately by the Court of Appeals. The Washington State Supreme Court denied review and thereby upheld the result.

Center Trust v. Pavilions: The buyer of a shopping center sued the seller for breach of a representation and warranty. A two week jury trial resulted in a multi-million dollar judgment for the buyer. After the seller claimed that it had no assets, buyer filed a second action under the Uniform Fraudulent Transfer Act. The matter was favorably resolved shortly thereafter.