Janet Schroer and Matt Kalmanson Win in Oregon Supreme Court

Hart Wagner appellate attorneys Janet M. Schroer and Matthew J. Kalmanson recently won an appeal for their clients in the Oregon Supreme Court.  Hathaway v. B & J Property Investments, Inc. 374 Or 629 (September 25, 2025), was a high-stakes appeal of a class action involving purported violations of the Oregon Landlord Tenant Act, purportedly going back ten years.   Attorneys Schroer and Kalmanson successfully argued that the trial court should not have certified a ten-year class of tenants because ORS 12.125 imposes a strict one-year statute of limitations for those claims, without a discovery rule.  In a case of first impression, the Oregon Supreme Court agreed.  The court reversed the judgment against the client and remanded to the trial court.  The impact of the ruling is to eliminate most of the claims against the client.