Boutin Jones INC., Attorneys at Law

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Practices

Litigation

Civil, Commercial and Business

We represent a wide variety of business and individual interests in litigation, including health care providers, financial institutions, manufacturers, Indian Tribes, developers and retail chains. Our extensive experience includes matters litigated in court, arbitration and mediation. Our practice spans a wide variety of venues, including state and federal courts, administrative proceedings and arbitration and mediation services.

Representative Experience

We 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.

We 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 cutting-edge medical services provided to the insured patients. The firm’s trial team prevailed by obtaining an arbitration award establishing the rate for services at the rate sought by the medical group. Shareholders Steve Boutin and Michael Chase were the primary Boutin Jones attorneys on this matter.

We 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 and Bob Swanson were the primary Boutin Jones attorneys on this matter.

We 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. Shareholder Bob Swanson was the primary Boutin Jones attorney 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.