Franchise & Distribution Litigation And Counseling
Douglas R. Luther
By on June 09, 2015
Doug Luther handles complex business litigation primarily on behalf of clients in franchise and distribution related industries. Mr. Luther’s practice encompasses contract disputes, fraud claims, contract interference claims against third parties, trademark and trade secrets litigation, defamation, unfair competition claims and litigating franchise, distribution and industry (i.e. motor vehicle, petroleum, alcohol) specific statutes.
Mr. Luther has significant litigation and trial experience in state and federal courts as well as in arbitration. His recent representative experience includes the following:
- Thurston Enterprises v. Safeguard Business Systems, three year litigation that culminated in a month long trial in Boise, Idaho. The Firm obtained a $6 million dollar verdict for the client, a distributor of small business supplies, obtaining the maximum punitive damages allowed under Idaho law. The jury found that Safeguard had violated Thurston’s distributor agreement by acquiring new distributors in Thurston’s territory and allowing them to solicit and make sales to Thurston’s customers. Mr. Luther second chaired the trial examined witnesses and handled all pre and post-trial motions.
- T3 Enterprises, Inc. v. Safeguard Business Systems, following extensive discovery, motion practice, and a two-week arbitration hearing, a panel of three arbitrators found in favor of T3 Enterprises in an amount in excess of $1.4 million on its contract, tortious interference, and TDTPA claims. The Firm eventually obtained a combined $4.3 million in damages and attorneys’ fees for the client. Mr. Luther second chaired the arbitration, examined witnesses and handled all pre and post-arbitration motions.
- Quality Production Services, Inc. v. Foundation Building Materials; first chaired four day trial on behalf of drywall manufacturer and obtained a complete defense verdict. The court held that the plaintiff failed to prove that the client had violated the implied warranty of merchantability. Mr. Luther examined all witnesses on direct and cross, handled opening and closing arguments as well as all pre and post-trial motions.
Prior to joining Mulcahy LLP, Mr. Luther practiced complex commercial litigation with the international law firm of Sheppard Mullin Richter and Hampton, LLP and played a key role in obtaining the following results, among others:
- Represented church in Religious Land Use and Institutionalized Person Act action against local city resulting in a $1.775 million settlement.
- Represented commercial landlord in trespass action against tenant resulting in a $1.2 million settlement.
- Successfully defended various multi-national banks in mortgage foreclosure actions.
- Assisted hospices through Medicare administrative appeals resulting in recovery of over $2.7 million.
- UCLA School of Law, J.D., 2011
- Loyola Marymount University, B.A., 2006
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court (Central District of California)
- U.S. District Court (Southern District of California)
- Member, American Bar Association – Forum on Franchising (2015-present)
- Orange County Bar Association (2011-present)
- Member, Orange County Bar Association, Legislative Resolutions Committee, (2015-present)
- Member, Orange County Bar Association, Business Litigation Section (2016-present)
- Association of Business Trial Lawyers - Orange County Chapter (2011-present)
- American Bar Association (2011-present)
- University of California, Los Angeles School of Law Alumni Association (2011-present)
- Loyola Marymount Alumni Association (2006-present)
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