Litigation
Tomasi Bragar DuBay’s experienced litigation team, led by attorney Eleanor A. DuBay, represents lenders, creditors, and other financial service providers, investors, developers, landlords and other businesses in a wide range of commercial, consumer, financial services, bankruptcy, landlord/tenant and other civil litigation proceedings throughout Oregon, Washington and Idaho. As skilled litigators, we seek to fairly and efficiently resolve disputes while vigorously protecting our clients’ interests and assets both in and out of court, through alternative dispute resolution, mediation, arbitration, trial and appeal in state and federal courts. We will help you determine the best course of action and implement a creative, practical strategy to promptly resolve your case, whether that be through early settlement or continued litigation.
Commercial Litigation
The litigation team handles a wide variety of commercial disputes, including breach of contract, breach of warranty and construction defects, breach of fiduciary duty, employment and partnership disputes, and other contract and tort-based matters. We also defend complex real estate claims, such as wrongful foreclosure and quiet title actions.
Consumer Litigation
The team effectively defends secured lenders, mortgage loan servicers and other financial service providers, investors, creditors and other corporate clients in diverse consumer litigation cases relating to collection practices, truth in lending, credit reporting, privacy issues, fraud, and breach of warranty claims arising under state law (such as the Washington Consumer Protection Act, Oregon Unfair Debt Collection Practices Act or Unlawful Trade Practices Act) and federal law (Truth in Lending Act, Fair Debt Collection Practices Act, Fair Credit Reporting Act, Real Estate Settlement Procedures Act, Regulation B).
Financial Services Litigation
Tomasi Bragar DuBay’s specialized expertise in the financial services industry is invaluable in providing regulatory advice and resolving a broad range of disputes on behalf of banks, credit unions and other lenders, loan servicers, finance companies and other financial service providers, including general collection actions, foreclosures, bankruptcies and defense of lender liability, financial fraud, and wrongful collection/foreclosure claims.
Landlord/Tenant
Landlords have a complex set of rights and responsibilities when it comes to both commercial and residential tenancies, which are increasingly complicated. The litigation team helps our clients navigate this technical, often evolving statutory framework to ensure compliance with all local, state and federal legal requirements when collecting unpaid rent, seeking remedies for other lease agreement violations, evictions proceedings, and other types of landlord/tenant disputes. The team, along with the Real Estate practice group, also represents commercial landlords in negotiating lease terms, drafting lease agreements, modifications, subleases, and resolving any disputes arising from a commercial lease agreement. In addition, we specialize in representing property investors in all post-foreclosure and post-sale real estate matters, including occupancy and title disputes.