RNWLG Obtains Malicious Prosecution Verdict
On March 17, 2026, a Yakima County Superior Court jury awarded Mark Peterson $480,000 in damages and found that the City of Yakima, including its agents former City Manager Tony O’Rourke and former Deputy Fire Chief Mark Soptich, liable for malicious prosecution. Attorneys Matt Crotty, Matt Mensik, and Mike Love tried the case.
On March 17, 2026, a Yakima County Superior Court jury awarded Mark Peterson $480,000 in damages and found that the City of Yakima, including its agents former City Manager Tony O’Rourke and former Deputy Fire Chief Mark Soptich, liable for malicious prosecution. Attorneys Matt Crotty, Matt Mensik, and Mike Love tried the case.
In 2013, the City of Yakima was pushing a new “Downtown Master Plan” that include a new “Downtown Plaza.” The plan was controversial. Mark Peterson was visible and vocal opponent of the plan and plaza. Mr. Peterson organized opposition to the Master Plan vocally opposing the proposal directly to city officials.
On November 5, 2013, Mr. Peterson attended a presentation by City officials where he continued to oppose the plan. Later that afternoon, a fire inspector appeared at Mr. Peterson’s store and told him that he needed to completely remodel his basement showroom, despite have many years of clean fire inspections.
When the fire inspector returned in January 2014 for a “compliance reinspection,” Mr. Peterson was not present. His staff asked that the fire inspector make an appointment for the inspection. Instead, the City of Yakima charged Mr. Peterson with “denying a fire inspection,” even though Mr. Peterson was not present at the time of the attempted inspection.
The evidence showed that City officials, including former City Manager Tony O’Rourke, personally involved themselves in the municipal misdemeanor prosecution or Mr. Peterson and pushed for his prosecution. Many months later, the City of Yakima dismissed the prosecution admitted there was not probable cause for the charge.
In 2017, Mr. Peterson filed suit against the City of Yakima, and its agents, for malicious prosecution claiming that the charges were started and continued for improper purposes, specifically, his vocal opposition to the City’s plans.
The case involves two appearances before the Ninth Circuit Court of Appeals. The second Ninth Circuit argument happened following a one week federal jury trial that took place in August 2022 where the federal judge improperly instructed the jury on an element of the malicious prosecution claim. Attorney Casey Bruner successfully argued before the Ninth Circuit which allowed the case to be retried.
From March 9 through March 16, 2026, nine years later, Mr. Peterson finally received a fair trial, and his malicious prosecution was presented to a six-member jury. The next day, the jury found that the City of Yakima, including its agents former City Manager Tony O’Rourke and former Deputy Fire Chief Mark Soptich, liable for malicious prosecution. The jury award $4,000 in lost wages, $189,000 in lost business revenue, $12,000 in attorney’s fees defending the underlying criminal case, and $275,000 in emotional distress, pain, and suffering.
News on the verdict can be found here: https://www.yakimaherald.com/news/local/crime_and_courts/jury-finds-city-and-former-officials-liable-for-prosecuting-yakima-businessman-over-plaza/article_71e99242-11c4-4f26-88e9-78caf99e2859.html
For more information on RNWLG’s trial and appellate practice group, please contact Matt Crotty, Matt Mensik, Michael Love, or Casey Bruner.
RNWLG Obtains $1.8 Million Jury Verdict in Favor of Corey Jacobsen for NIL Violations
On February 6, 2026, a Kootenai County jury found that Rocky Mountain Hunting Calls & Supplies, LLC (“Rocky Mountain”), a Post Falls based company, violated Idaho law by using Corey Jacobsen’s name, image and likeness (“NIL”) without his permission for a three year period in the promotion of its products.
On February 6, 2026, a Kootenai County jury found that Rocky Mountain Hunting Calls & Supplies, LLC (“Rocky Mountain”), a Post Falls based company, violated Idaho law by using Corey Jacobsen’s name, image and likeness (“NIL”) without his permission for a three year period in the promotion of its products. The jury awarded $900,000 in economic damages and $900,000 in general damages.
Corey Jacobsen is an eleven-time world elk-calling champion, and began granting permission for RMHC to utilize his personal name, image and likeness to promote Rocky Mountain products that were part of the “Elk101 Signature Series” of elk calls in 2011. Mr. Jacobsen further alleged significant changes occurred at Rocky Mountain in 2022 that led him to sever ties. In November of 2022, Mr. Jacobsen instructed Rocky Mountain to cease and desist using his NIL. Mr. Jacobsen alleged that Rocky Mountain ignored his repeated demands to cease the use of his NIL and his subsequent attempts to resolve issues relating to Rocky Mountain’s existing product inventory. In February 2023, Rocky Mountain sued Mr. Jacobsen. Mr. Jacobsen then counter-sued Rocky Mountain for invasion of privacy, specifically for using his NIL without his permission.
Before trial, the court dismissed Rocky Mountain’s claims against Mr. Jacobsen and allowed Mr. Jacobsen’s invasion of privacy claim to proceed to trial. The trial ran from February 2 – 6.
The case is captioned CV28-23-0741 Kootenai County, Idaho District Court.
Judge Casey Simmons presided over the trial.
For more information about RNWLG’s trial practice, please contact Matt Crotty, Matt Mensik, or Casey Bruner.
Contineo Tech., Inc. v. Intrinium, Inc.
Successfully defended fraud and negligent misrepresentation claims against client in a bench trial; neither party prevailed on breach of contract claims
Successfully defended fraud and negligent misrepresentation claims against client in a bench trial; neither party prevailed on breach of contract claims
RNWLG Represents Oregon State University in Pac-12 Litigation
Oregon State University (“OSU”) retained RNWLG attorneys, Matthew Mensik and Max Archer, as its local counsel in the litigation it filed with Washington State University (“WSU”) against the Pac-12 Conference, the then-Conference Commissioner, George Kliavkoff, and the University of Washington (“UW”), which intervened in the litigation shortly after its commencement. OSU and WSU commenced the lawsuit in Whitman County Superior Court (see Case No. 23-2-00273-38).
April 1, 2024 - Oregon State University (“OSU”) retained RNWLG attorneys, Matthew Mensik and Max Archer, as its local counsel in the litigation it filed with Washington State University (“WSU”) against the Pac-12 Conference, the then-Conference Commissioner, George Kliavkoff, and the University of Washington (“UW”), which intervened in the litigation shortly after its commencement. OSU and WSU commenced the lawsuit in Whitman County Superior Court (see Case No. 23-2-00273-38).
Judge Gary Libey granted OSU and WSU’s joint motion for a temporary restraining order on September 11, 2023, which immediately restrained Former Commissioner Kliavkoff from calling any Pac-12 board meetings pending a subsequent hearing addressing whether the Pac-12 Conference’s bylaws prohibited the 10 other member schools from participating in the Pac-12 Conference’s governance due to their decision to leave the Conference.
Judge Libey granted OSU and WSU’s motion for preliminary injunction at a subsequent hearing on November 14, 2023. In so doing, Judge Libey held the Pac-12 Conference’s bylaws precluded the 10 departing member schools from voting on or otherwise deciding the future of the Pac-12 Conference. At the hearing, Judge Libey also denied a motion to dismiss the litigation.
The Pac-12 Conference, Former Commissioner Kliavkoff, and UW subsequently sought discretionary review of Judge Libey’s rulings by the Washington State Supreme Court. Their motion for discretionary review was denied, however, by a Special En Banc Conference on December 15, 2023. The litigation was settled out of court and the litigation was dismissed on March 28, 2024.
RNWLG is proud of the opportunity to represent Oregon State University.
More information on the case can be found below:
RNWLG Prevails at Trial in Spokane County Will Contest Case
RNWLG Prevails at Trial in Spokane County Will Contest Case. On January 22, 2023, Judge Plese issued a 20-plus-page ruling upholding Naomi White’s 2020 Will and concluding that Naomi White executed her 2020 Will free of any undue influence from the child benefiting from the changes thereto.
January 23, 2024 - In 2020, a 98-year-old mother, Naomi White, executed a new Will that reduced the inheritance of one of her children and increased the inheritance of another. Following Naomi White’s death in 2021, the child whose inheritance was reduced filed a TEDRA petition against Naomi White’s Estate in Spokane County Superior Court. In his TEDRA petition, the child requested an order from the Court setting aside and invalidating his mother’s 2020 Will. The child alleged that Naomi White lacked testamentary capacity when she executed the 2020 Will and that she was affected by the undue influence of her other son who was benefited by the changes made in the 2020 Will. The Personal Representative of the Estate of Naomi White retained Matthew A. Mensik, Max K. Archer, and their law firm, RNWLG, to defend the Estate in the TEDRA Petition and to ensure the 2020 Will was upheld.
Prior to trial, Matthew Mensik and Max Archer filed, argued, and prevailed on a motion to dismiss the petitioning child’s testamentary incapacity claim. After the dismissal of the incapacity claim, the petitioning child and Naomi White’s Estate proceeded to try the remaining undue influence claim before the Honorable Judge Annette S. Plese. The trial occurred over the course of four days in October 2023. At trial, Matthew Mensik and Max Archer took the testimony of and cross-examined numerous witnesses, including attorneys, a medical doctor, and local and out-of-state family members.
On January 22, 2023, Judge Plese issued a 20-plus-page ruling upholding Naomi White’s 2020 Will and concluding that Naomi White executed her 2020 Will free of any undue influence from the child benefiting from the changes thereto. For more information on our litigation practice, including our TEDRA dispute practice, please contact Matt Mensik at mam@rnwlg.cm.
Hamilton v. Newport Hospital & Health Services
Obtained finding that current and former CEO of hospital retaliated against whistleblower and full back pay following one week trial.
01-2023-GOV-00038 (OAH 2023)
Obtained finding that current and former CEO of hospital retaliated against whistleblower and full back pay following one week trial.
Boyd v. Acro, Inc. et. al.
Obtained $530,750.00 jury verdict in sexual harassment, hostile work environment, retaliation, and constructive discharge case.
2-21-00201-13 (Grant Co. Sup. Ct. 2023)
Obtained $530,750.00 jury verdict in sexual harassment, hostile work environment, retaliation, and constructive discharge case.
Paige v. Roberts
Successfully tried a bench trial and obtained judgment in favor of clients.
Spokane County District Court, Case No. 13145380
Successfully tried bench trial and obtained judgment in favor of clients.
Brendt v. Spokane Wash. Hosp. Co., dba Deaconess Med. Cente
Achieved full defense verdict for client in jury trial.
Spokane County Superior Court Cause No. 15-2-01498-1
Achieved full defense verdict for client in jury trial.
Peterson v. City of Yakima, et al.
Represented client on claims of First Amendment retaliation, malicious prosecution and civil conspiracy; currently on appeal.
No. 1:18-CV-03136 (E.D. Wash 2022)
Represented client on claims of First Amendment retaliation, malicious prosecution and civil conspiracy; currently on appeal.
Naccarato v. Cadable, LLC
Successfully defended Spokane business owner and his business by trying several employment- and partnership-related claims before a jury and by defeating other claims against the client at summary judgment.
Spokane County Superior Court Cause No. 19-2-04284-32 (2022)
Successfully defended Spokane business owner and his business by trying several employment- and partnership-related claims before a jury and by defeating other claims against the client at summary judgment.
Kriegman, Chapter 11 Trustee for LLS America, LLC v. 1127477 Alberta Ltd. and Keith Alexander
Achieved judgment at trial for client in the amount of $1,857,890 CAD.
2015 WL 328918, No. 2:12-CV-423 (E.D. Wash 2015)
Achieved judgment at trial for client in the amount of $1,857,890 CAD.
Kreigman, Chapter 11 Tr. for LLS Am., LLC v. 1140966 Alberta Ltd. and Marvin Toews
Achieved judgment at trial for client in the amount of $4,408,282.90
2014 WL 3842979, No. 2:12-CV-68 (E.D. Wash. 2014)
Achieved judgment at trial for client in the amount of $4,408,282.90