Civil Litigation

We handle most types of lawsuits that fall under the general category of civil cases — employment, contract, real estate, business disputes, etc. We tend to refer to specialists cases involving personal injury, bankruptcy, and divorce.

The successful handling of most civil cases arises from long years of experience in understanding and applying the rules of civil procedure. These rules govern where a suit can be filed (i.e., in what state or federal court). These rules govern when a suit must be filed (within certain time limitations). These rules govern when a lawsuit must be submitted to a neutral mediator or arbitrator. These rules govern what information and documentation must be provided to and obtained from the opposing party. These rules govern the imposition of sanctions (consequences) for a party’s failure to comply. Finally, these rules govern the conduct of a trial.

Trials are becoming more and more rare. Only one percent of civil cases filed in federal court proceed to trial. It is difficult to find lawyers who have actual trial experience.

Arden Shenker has participated in over 400 trials and arbitrations in his 45 years of practice. Robert Bonaparte has participated in over 150 trials and arbitrations in his 25 years of practice.

Notable Cases

Abercrombie v. Hayden Corp., 320 Or. 279, 883 P.2d 845 (1994). Leading Oregon case on ambiguity of documents and integrated writings, and on the use of parol evidence for interpreting documents.

State ex rel. Boe v. Straub, 282 Or. 387, 578 P.2d 1247 (1978). Constitutional litigation on behalf of the governor of the State of Oregon, requiring the Legislative Assembly and the Oregon Senate to waive confirmation of gubernatorial appointments without a constitutional provision therefor.