John Ray Nelson

Overview

Working as a trial lawyer from Spokane, Washington, John has represented clients in state and federal courts in Washington, Idaho, Oregon and Utah, as lead counsel in litigation, including intellectual property, contract, real estate, employment defense, environmental and trespass and nuisance. 

John has represented clients in a wide variety of cases, including:

• Intellectual Property Litigation, including defense and prosecution of patent, trademark and copyright infringement claims
• Contract Litigation, including commercial sales, construction, professional malpractice and partnership dissolution disputes
• Real Estate Litigation, including sales contract, misrepresentation/ failure to disclose, boundary, easement and water rights disputes
• Employment Defense Litigation, including discrimination, retaliation, wrongful discharge and competition disputes
• Environmental Litigation, including defense of Clean Water Act and Clean Air Act citizen suits and conjoined toxic tort claims
• Trespass and Nuisance Litigation, including claims of surface and groundwater contamination, insurance recovery and cleanup allocation

John has been admitted to practice in Washington, Utah and Idaho. He has also served as a federal law clerk for the Eastern District of Washington, and as Chair of the Washington State Bar Association’s Litigation Section.

Professional Activities

• Federal Bar Association, Eastern District of Washington
  • President, 2010
  • Board of Directors, 2005-2012

• Litigation Counsel of America, Fellow

  • Order of the Certus
  • Order of the Veritas
  • Diversity Law Institute, Member
  • Trial Law Institute, Member
• Ninth Circuit Judicial Conference, Lawyer Representative, 2005-2008
• Washington Civil Procedure Deskbook, Editorial Board, 2012, 2004, 1998, 1995
• Washington State Bar Association
  • Litigation Section, Executive Committee, 1997-2004
    • Committee Chair, 2002-2003
• Washington Trial and Evidence Manual
  • Editor in Chief, 2004
  • Editorial Board, 1997

Community Activities

• Friends of Mt. Spokane State Park
  • Board of Directors, Ski Patrol
• National Ski Patrol, 1991-Present
  • Pacific Northwest Division, Counsel

Experience

Appellate

• Condon Bros., Inc. v. Simpson Timber Co
  Case reported at 92 Wash. App. 275, 966 P.2d 355, 37 UCC Rep.Serv.2d 547 (1998)

• Interstate Production Credit Ass’n v. MacHugh
  Case reported at 90 Wash. App. 650, 953 P.2d 812 (1998)

• Powell v. Whitworth Water Dist. No. 2
  Case reported at 88 Wash. App. 1076, 1998 WL 12664 (1998)

• Hoglund v. Omak Wood Products
  Case reported at 81 Wn. App. 501 (1996). Doyle v. Hicks. Case reported at 78 Wn. App. 538 (1995). Statute of Limitations, reported decision.

Commercial

• Sladich v. Kagele Law Office
  Obtained seven-figure arbitration award for client as lead counsel in proceeding to determine ownership of fee award.

• Sun Runner v. Citibank
  Served as second-chair trial counsel for Citibank, N.A. in a lender liability action in federal court. Prevailed by jury verdict after a six-week trial, obtaining a total defense verdict and a judgment on a $7 million counterclaim.

• Condon Bros. v. Simpson Timber
  Successfully represented Simpson Timber as lead trial counsel in an action for breach of contract and promissory estoppel. A five-day jury trial resulted in a total defense verdict for Simpson. Affirmed on appeal

• Pasco Sanitary Landfill v. Burton County
  Successfully represented the landfill as lead trial counsel in an action for declaratory judgment regarding trust funds for closing the landfill. Obtained declaratory judgment for damages and an award of attorney’s fees against the County after a four-day bench trial.

• Miller Capital Group, et al., v. Inland Financial, THCG, Inc., et al.
  Successfully represented parent corporation as lead counsel against claims arising out of participation agreements and loans to receivables factoring company. Prevailed by consecutive motions to transfer co-defendant’s cross-claims and for summary judgment against plaintiffs’ claims.

• State of Washington v. HomeBase, Inc
  Successfully represented home improvement business as lead counsel against state’s motion for temporary restraining order alleging violation of Going out of Business Act.

• Interstate Production Credit Ass’n v. MacHugh
  Successfully represented Credit Association as lead counsel against $500,000 claim for alleged “post-appeal damages.” Prevailed against claim at the trial court and on appeal.

• Hunter v. Hartford
  Successfully represented former agent of national insurance company. Action settled pursuant to confidential agreement after the defendant’s motion for summary judgment was denied.

• Arthur v. Zwetsch
  Successfully represented an individual in an action for breach of an option contract to purchase stock. Obtained specific performance of the option and a setoff against damages incurred by settlement.

• Sewell v. Condron Construction
  Successfully represented home buyers in action for rescission and consequential damages against builder of defective house.

• Bianci v. Trading Card Co
  Successfully defended a federal action for appropriation of public image by serial killer Kenneth Bianci against producers of trading card series. Obtained summary judgment on the basis of a policy argument that one whose public image arose out of criminal acts could not develop a protected property interest in likeness or publicity.

• Quinn v. POVN, Inc
  Successfully represented a closely held internet service provider against 50% shareholder’s petition for involuntary dissolution. Settled the case on buyout terms originally offered after successfully opposing the petitioner’s motion for summary judgment.

• Shourd v. Columbia Const
  Successfully represented a small business gas station owner in an action for breach of contract, negligence and misrepresentation arising out of a contract for underground storage tank removal and remediation.

• D’Abo v. Magnuson
  Successfully represented a lender/financier in a federal action to recover a loan, defeating various counterclaims and affirmative defenses.

Employment

• Wyche v. Manor Care
  Successfully defended adult care center as lead trial counsel against claims of disability discrimination and retaliation for exercising worker’s compensation rights. A three day jury trial ended in a defense verdict.

• Downes v. Lilac City Spay & Neuter
  Successfully represented a doctor of veterinary medicine as lead trial counsel in an action for wrongful discharge in violation of public policy. A five day jury trial resulted in a verdict for the plaintiff in excess of $180,000. Costs and attorneys’ fees awarded resulted in a total judgment in excess of $220,000.

• New Horizons v. Tapken
  Successfully represented individual as lead counsel against suit for injunctive relief and damages based upon alleged violation of covenant not to compete against former employer.

• Rykoff-Sexton v. PSC Food Service
  Successfully represented individual and new employer against action for injunctive relief and damages based upon alleged violation of covenant not to compete against former employer.

• Post v. Coronet
  Successfully defended a national carpet and flooring manufacturer against age discrimination claim by obtaining summary judgment dismissing the claim with prejudice, affirmed on appeal.

• Powell v. Asplundh Expert Tree Company
  Successfully represented tree trimming company against wrongful discharge claim under the Americans with Disabilities Act.

• Anderson v. Camlu Retirement Home
  Successfully represented individual independent contractor in claim for wrongful discharge and discrimination on the basis of gender and pregnancy related disability. Settled case after discovery phase of litigation.

Intellectual Property

• Microsoft v. Alpine Industries Computers
  Successfully represented software company as lead trial counsel in federal action for trademark and copyright infringement. Obtained $250,000 judgment, plus $72,000 costs and attorneys’ fees, following trial to federal court.

• DX/DY Voice Processing, Inc. v. Teligence Corporation et al.
  Successfully represented plaintiff in claims for infringement of phone switching patent. Settled case after discovery phase of litigation.

• Douglas Machine Inc. v. R.A. Pearson Company
  Defended claim alleging infringement of a box folding patent. Successfully negotiated settlement.

• Uhlenkott v. Endot Industries, et al.
  Defended claims alleging infringement of water well pump hose patent.

• Nursery Licensing v. John Hancock Mutual, et al.
  Defended claims alleging infringement of various apple patents.

• Real Soda in Real Bottles, Ltd v. Stan Ashby, et al.
  Successfully represented plaintiff in action for infringement of trademark.

• McCullough v. Monsanto
  Successfully represented former licensor/licensee of patented genetic modification technology against international chemical and bio-agriculture company. Successfully negotiated confidential settlement agreement at close of discovery.

Municipal

• Hamilton v. Spokane County
  Successfully represented the County as lead trial counsel against a claim for personal injuries arising out of an automobile collision with a County water truck. Obtained partial summary judgment that the plaintiff was the “disfavored driver” with the principal duty to yield, and a defense verdict for the County on liability after trial. The summary judgment order and the verdict were affirmed on appeal.

• Sergeant v. Spokane County
  Successfully represented Spokane County and a County Prosecutor as lead counsel against a federal civil rights claim by the defendant in a paternity and support enforcement action. Summary judgment of dismissal was affirmed by the Ninth Circuit on the basis of Prosecutorial Immunity and Eleventh Amendment Immunity under an “arm of the state” argument.

• Marshall Landfill v. City of Spokane, Spokane County
  Successfully represented the City and County against federal civil rights claims based upon an alleged violation of the Commerce Clause. Obtained summary judgment of dismissal for failure to exhaust administrative remedies and lack of standing

• Ronald v. City of Spokane
  Worked as co-counsel with the City Attorney’s office against a property developer’s action for tortious interference with business expectations. The case was favorably settled after we obtained a partial summary judgment order that the plaintiff was collaterally estopped by prior federal court order.

• Spokane County v. USF&G, et al
  Successfully represented the County in an action for indemnification of CERCLA clean-up costs from liability insurers.

• Walmsley v. O.M Scott, City and County of Spokane
  Represented City and County as lead counsel in complex litigation by owners of 23 residences in the vicinity of a municipal yard waste composting facility, who alleged trespass, nuisance and inverse condemnation claims based on odor from the facility. Settled case after obtaining $1.1 million contribution from co-defendant facility operator.

• City of Harrington v. Northwest Cable
  Successfully represented the City in an action for injunctive relief against a cable television franchise operator.

Real Property

• United States v. 13,000 Acres
  Represented property owners in a five-day federal jury trial to establish the value of property taken to expand the Army’s Yakima Firing Center.

• Doyle v. Hicks, 78 Wn. App. 538 (1995)
  Successfully represented purchasers of residential real estate against quiet title action by prior owner who claimed that his son had fraudulently exercised power of attorney in selling to clients’ predecessors in interest. Obtained summary judgment under the Statute of Limitations, and successfully defended judgment on appeal.

• Elaimy v. James S. Black
  Successfully represented real estate purchasers and prospective developers against sellers, agents and brokerage on claim for negligent failure to disclose material defect in property. Case settled for rescission and partial return of clients’ damages incurred.

• McKinney v. K.C. Properties
  Successfully represented residential real estate purchaser against sellers, agents and brokerage on claim for negligent failure to disclose material defect on property. Obtained rescission and damages for purchaser by settlement.

• Newcomb v. Arsenault
  Successfully represented a person who contributed funds to develop real estate based upon promise and expectation of marriage. Obtained property and damages for client valued in excess of initial investment.

• Emtman v. City of Cheney
  Successfully represented property owner in eminent domain proceedings. Case settled after we prevailed on a vigorously opposed motion for immediate distribution of the City’s initial “takings” deposit.

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