Related Practice Lines

Commercial Litigation

Zelle attorneys think smart, dig deep and talk straight. We focus on the end game – understanding our clients’ goals and the most efficient ways to achieve them.

When clients ask for advice, we give them our candid evaluation and recommendations – not a raft of disclaimers. Our approach typically involves comprehensive early case assessment and development of an overall strategy. Whether the goal is victory in trial or arbitration, or negotiation of a favorable resolution before or after litigation begins, the client’s needs and objectives come first. We partner with our clients in all phases of a case, keeping them up-to-date and involved.

Our attorneys offer extensive trial experience in state and federal courts and regularly represent clients in arbitrations and other alternative dispute resolution proceedings. A substantial portion of our cases involve class actions and/or multi-district litigation. Our clients range from large Fortune 100 corporations to smaller businesses and individuals.

Our cases are staffed efficiently by core teams. We offer flexible fee arrangements, including blended rates, reduced hourly rates with a contingent fee component, project-based fees, and in appropriate cases, contingent fee arrangements. Because we work on both sides of the docket, we bring efficiencies honed in our plaintiff’s cases to enhance the value we provide in defense matters.

Representative Matters

Motor Fuel Temperature Sales Practices Litigation.
Zelle is defending a major integrated oil company in a case involving claimed violations of consumer protection statutes and various common law claims under the laws of 25 states. The core allegation is that it is deceptive to sell motor fuel at retail in uniform volumetric gallons without adjusting for the effect of temperature on the energy content of the fuel.
ABA 2000, ABA Founders LLC, ABA Operations LLC v. Mizlou Television Network, Inc. (C.D. Cal.).
Zelle attorneys represented the professional basketball organization in a suit filed against an alleged independent television network for breach of contract and intentional interference with prospective business relationships. The case included allegations that Mizlou Television Network interfered with the ABA plaintiffs' negotiations for the national television broadcast of their playoff games. This case was settled favorably for our clients.
Weyerhaeuser Co. v. Thermogas Co., 620 N.W.2d 819 (Iowa).
Zelle attorneys represented Weyerhaeuser Co. in this action for negligence, strict liability, breach of contract and breach of express and implied warranties based upon allegation that a liquid petroleum fuel tank exploded prematurely. Weyerhaeuser asserted that the tank was defective, and that were it not defective, the tank would have withstood a fire at its facility for the three minutes it took the fire fighters to arrive on scene. Over Weyerhaeuser's objection, the trial court permitted the jury to consider Weyerhaeuser's comparative fault, and the jury found Weyerhaeuser 70% at fault for the damages it suffered. On appeal, the Iowa Supreme court reversed, agreeing with Weyerhaeuser that the district court erred in (1) directing a verdict for the tank distributor on Weyerhaeuser's claims of strict liability and breach of implied warranty of merchantability, (2) refusing to instruct the jury that the cause of the fire was legally irrelevant with respect to the negligence of Weyerhaeuser, and (3) refusing to give the jury a res ipsa loquitur instruction on Weyerhaeuser's negligence claim against the tank distributor.
Business tort, breach of contract, unfair competition action (N.D.Cal., Cal. Super. Ct., San Francisco Cty., Cal. Super. Ct., Contra Costa Cty.).
Zelle attorneys represent a corporate client in a number of cases involving claims for breach of fiduciary duties, fraud, fraudulent concealment, breach of contract, malicious prosecution, interference with prospective economic advantage, unfair competition and conspiracy to breach fiduciary duties. They are also defending the same client against claims by the defendant and other parties, which include allegations of unfair competition, private nuisance, interference with prospective economic advantage and business relations, and wrongful termination of employment.

+ See More Representative Matters

Related Practice Lines

Commercial Litigation

Representative Matters

Our Team

Partners

Counsel & Associates

Articles

Events