Holland & Hart News

$11 Million Patent Infringement Judgment Awarded to Blendtec

Federal Jury Finds Vita-Mix Willfully Infringed Patents

On June 17, 2010, a Federal jury found that Ohio-based Vita-Mix Corporation willfully infringed Blendtec’s patents on its five sided blending jar, and awarded Blendtec $11,008,308 in damages.  The award is the largest award in a patent infringement case in several years in the state of Utah.  

Holland & Hart Partner Elected to City Council for South Ogden, Utah

 Holland & Hart partner Bryan Benard was elected to fill one of two open seats on the South Ogden City Council. The Standard-Examiner reported that Benard views smart growth and revitalization as a major issue facing South Ogden, now and in the future. He expects that land use issues that impact the tax revenue base and quality of South Ogden's lifestyle, along with public safety, will be among the primary concerns facing the South Ogden City Council. Benard is a labor and employment attorney who represents both private and public clients in wrongful termination, harassment, and discrimination claims in both federal and state courts, as well as in administrative proceedings before federal and state agencies. He practices in the firm's Salt Lake City office.

Read more about Benard's ideas for his new position here.

Courtroom Victory for Farmers Against DuPont and Bureau of Land Management Over Misuse and Misbranding of Herbicide

 

 

 

 

 

 

 

 

 

 

After a 17-week trial, an Idaho jury unanimously ruled that DuPont and the Bureau of Land Management (BLM) must pay $17.8 million to four Idaho farmers whose crops were injured or destroyed when the BLM sprayed DuPont's herbicide Oust on nearby land: 50,000 acres of land in the South Central part of the state.

 

The jury trial was one of the longest to take place in Idaho federal court, and it involved Idaho's potato and sugar beet growers against one of the largest chemical companies in the nation, DuPont, as well as the largest landowner in the country, BLM. The jury found DuPont negligent as DuPont failed to give adequate warnings regarding its product, and determined that DuPont's product was misbranded, defective, and unreasonably dangerous. The jury also found BLM negligent for its selection of Oust and its selection of the application sites on which it was applied, in addition to conduct that constituted a nuisance and trespass under Idaho law. Neither DuPont nor BLM notified the nearby landowners that the herbicide was being sprayed. Now DuPont and BLM could face damages in excess of $250 million.

 

The case was filed in 2002 after an investigation by the Idaho State Department of Agriculture of what was described as the largest agricultural disaster in the history of the state.  Attorneys from across the country were involved in the action, including those from the U.S. Department of Justice and Holland & Hart. The case sets a precedent for more than 100 other farmers in the state. The trial court determined that the result of this bellwether trial would determine liability and other issues for the remaining cases. The bellwether plaintiffs were chosen by the court as representative of a number of other growers whose crops were damaged by Oust. The bellwethers each had fields a significant distance from the Oust application sites, each grew different types of crops, and each attempted to cope with the problems caused by Oust in different ways. It was a stunning victory in that the jury held that one of DuPont's most successful pesticides, sold all over the world, was misbranded. The damages awarded came close to what each of the four bellwether plaintiffs requested. The verdict is also noteworthy in demonstrating that even in the current hard economic times, the jury was still willing to embrace a large scale verdict and award damages at or near the top of what Plaintiffs were asking for each of the four farmers.  

 

One of Holland & Hart's clients in the case, Lance Funk, was a fourth generation Idaho farmer who came close to losing the farmland that his great grandfather homesteaded in the 1800's as a result of the Oust that contaminated his crops. Another one of Holland & Hart’s clients, Jerome and Tina Clinger, had to re-finance their entire farming operation after spending years trying to build up some equity in their operation. 

 

Attorneys involved in the trial included Steven Andersen, Peter Houtsma, Doug Abbot, Walter Bithell, Amanda Brailsford, Pamela Simmons Howland, Tracy Crane, and Ammonn Hansen of Holland & Hart.

Holland & Hart Wins Landmark Adoption Ruling

In April, 44-year-old plumber Jeffrey Hannasch’s legal battle for his adoption records led to a landmark Court of Appeals ruling. As a result of Hannasch's case, some 8,000 people adopted in Colorado between July 1, 1951, and July 1, 1967, will have an easier time obtaining their previously sealed adoption records.

Rich Uhrlaub, a volunteer coordinator with Adoptees in Search —The Colorado Triad Connection, heard about Hannasch’s case, and helped bring in lawyers Susan Combs and Marcy Glenn from Holland and Hart, who agreed to take the case on appeal on a pro bono basis.

In a unanimous published decision, the Colorado Court of Appeals reversed the district court’s order refusing Hannasch's request to access his adoption records. The court accepted Holland & Hart's view of Colorado’s adoption-records statute that an adoptee may have access to all court records and papers regarding the adoption.

Read more about Hannasch's compelling story and victory, here.

Attorney Among Denver Mayor's Water Board Appointments

Denver Mayor John Hickenlooper on Friday appointed Holland & Hart attorney Greg Austin to the Denver Board of Water Commissioners.

Austin is an experienced lawyer with a long record of public and community service in Denver. He has advised the firm’s clients — primarily in the area of business transactions — since 1962. Ausin retired from the partnership in 2001 but continues serving as Of Counsel to the firm.

Austin already dedicated four years of his career to government service. During those years he served in Washington, D.C. as general counsel to the U.S. Small Business Administration and solicitor (general counsel) to the U.S. Department of Interior from 1973-1977.

Partner Begins Term as President of Idaho State Bar

Partner Newal Squyres recently began his term as President of the Idaho State Bar. He was elected to the Idaho State Bar Commission in 2007, and is serving on the Commission for a three-year term. Squyres has long been a leader within the organization, helping to establish the Alternative Dispute Resolution Section of the Idaho Bar. As President, Squyres will oversee a wide variety of functions and programs of the Bar all while maintaining a fully active commercial litigation practice.

The Idaho State Bar promotes high standards for practicing law in Idaho and is responsible for regulating the practice of law, including admission, licensing and discipline of attorneys.

 

Squyres is consistently listed in The Best Lawyers in America, Chambers USA, as well as in Super Lawyers Corporate Counsel and Mountain States Super Lawyers, and was selected as one of the top 75 Super Lawyers in the entire Mountain States region. Squyres also served as the managing partner of Holland & Hart's Boise office from 2004-2007. His practice includes a wide variety of complex civil litigation, and Squyres frequently speaks on trial preparation and technique.

 

For more information, click here.