Roger J. Kindley

Representative Cases

• Philips Electronics North America Corporation, et al. v. BC Technical, Inc., United States District Court for the District of Utah. Roger led a team who represented a manufacturer/supplier of nuclear medicine equipment in this intellectual property case with claims of copyright and trademark infringement, trade secret misappropriation, predatory hiring and unfair competition. Experts had calculated damages to exceed seventy million dollars. Extensive discovery efforts, motion practice, and witness examination helped expose and persuasively present egregious acts of spoliation of electronic evidence and contempt of court. Dedicated work and advocacy obtained “terminating sanction” orders from the federal district court, which struck the defendant’s answer, dismissed its counterclaims, imposed monetary sanctions, and entered default judgment as to liability in favor of the clients.
• Burlington Retail, LLC vs. United Farmers of Alberta Coop, Ltd., et al. A federal court jury awarded Roger’s client over $6.5 million in this complicated fraudulent transfer action arising out of the sale of a retailer tenant of Roger’s client. The jury awarded every penny requested and found liability on all legal theories presented.
• In re Whidbey Island Farm, LLC. Roger’s clients were members of a closely held family limited liability company who resisted dissolving the company. Other members pursued a lawsuit in King County Superior court under the Washington statute for dissolution of an LLC. Multiple creative attempts to settle the case through mediation and other mechanisms failed and a multiple week trial was held. The judge ruled for Roger’s clients in all respects.
• Philips Medical Systems (Cleveland), Inc. v. Hale, et al., United States District Court, District of Utah. This trade secret case involved liabilities of corporate officers and directors. After motions and limited discovery, a multiparty mediation resulted in a successful settlement and immediate payment for the client.
• Rushent v. Pisco. This specific performance case of an option in a real property lease succeeded in getting the client the multimillion dollar property. The court also awarded additional damages and attorney’s fees and costs.
• Trans Columbia Corporation and Century Homes. This arbitration between joint venturers of a development held in Los Angeles, California resulted in a favorable award of over $3.8 million.
• Nikolaisen v. Simpson Timber Co. After a lengthy trial, a jury concluded that Roger’s client, the employer, had not violated any employment laws relating to the disability of the plaintiff and found for Roger’s client on all issues.
• Austin v. Guance. Roger helped a real estate broker who had been denied his commission by handling a jury trial in a small Washington county resulting in the jury finding for the broker.
• Spine Institute of Idaho v. Blue Cross of Idaho. This Boise, Idaho case resulted in Roger’s client obtaining a substantial settlement after extensive discovery and motions to allow punitive damages and for summary judgment. The case dealt with the tricky issues of medical credentialing and damages to doctors harmed by wrongful de-credentialing.
• Ernst v. Sato. After prevailing at trial, Roger’s client Ernst also prevailed in the court of appeals which rendered the first decision in Washington in a reported opinion dealing with the commercial landlord tenant law and unreasonably withholding consent.

Professional & Community Activities

• Member, Defense Research Institute
• Former Trustee on Board of Children’s Home Society of Washington

Publications & Speaking Engagements

• Speaker, “How To Avoid Litigation,” delivered to professionals in commercial real estate
• Author, Chapter in Washington Civil Practice Deskbook

Honors & Awards

• Member, Order of the Coif (law honorary society)
• Listed in Best Lawyers in America®, Litigation
• Named to Washington Super Lawyers® list (2011-present)
• Martindale Hubbell AV® Preeminent 5.0 out of 5