What's Happening at Hart Wagner
- Hart Wagner Adds Gioia Fisk to Employment Litigation and Medical Malpractice Team
- Janet Schroer Successfully Defends Statute of Repose for Legal Malpractice
- Trial Attorney Aaron Potter Obtains Defense Verdict in Dental Malpractice Case
- Karen O'Kasey Obtains Defense Verdict in Eight-Day Medical Malpractice Trial
- Karen O’Kasey Recognized by Best Lawyers® as the 2025 “Lawyer of the Year”
Hart Wagner Adds Gioia Fisk to Employment Litigation and Medical Malpractice Team
We’re pleased to announce that attorney Gioia Fisk has joined the firm’s preeminent employment litigation and medical malpractice defense team. Gioia’s practice focuses on defending employers and public entities in complex employment and civil rights matters in state and federal courts. She also defends healthcare professionals in medical malpractice matters. In May 2024, Gioia graduated cum laude from Willamette University, College of Law. During law school, Gioia was a law clerk for Hart Wagner, a judicial extern for Judge Simon at the U.S. District Court for the District of Oregon, and a law clerk for Oregon Department of Justice, Trial Division. Additionally, she was the recipient of the Armonica Grant in 2023, and the Hannah Hanzen Law Scholarship in 2022-2024. Gioia is a member of Oregon Women Lawyers, Oregon Association of Defense Counsel, and the Multnomah Bar Association. Outside of the office Gioia enjoys long runs along the Willamette River, walks with her dog Moose, and cheering on the San Francisco Giants.
Janet Schroer Successfully Defends Statute of Repose for Legal Malpractice
Janet Schroer prevailed in a legal malpractice case in the Oregon Supreme Court in 2023, in Marshall v. Schwabe, 371 Or 536 (2023), which affirmed the trial court’s dismissal of the case as barred by the statute of repose. The court held that Oregon’s 10-year statute of repose in ORS 12.115 applies to legal malpractice cases which allege only economic damages—here, legal fees, financial losses, and over $20 million in back taxes and penalties and interest. The Supreme Court remanded the case to the Court of Appeals to address plaintiffs’ arguments that even if the repose statute applies, the case was still timely based on the continuous relationship exception to the statute of repose.
Janet prevailed again on remand in Marshall v. Schwabe, 334 Or App 751 (2024), where the Court of Appeals affirmed the dismissal of the case as barred by the statute of repose, holding that there was no continuous relationship exception to ORS 12.115, because the text of the statute made no mention of any exception or any allowance for tolling, and that Oregon law does not recognize a continuing mandatory duty for lawyers to correct past mistakes based only on the fact of an ongoing relationship. Because the firm’s alleged negligence conduct occurred more than 10 years prior to filing of the malpractice complaint, the matter was time barred since no independent negligent acts were alleged to have occurred within the repose period that caused the alleged damages.
Trial Attorney Aaron Potter Obtains Defense Verdict in Dental Malpractice Case
Following a four-day trial in Multnomah County Circuit Court, trial attorney Aaron Potter obtained a defense verdict in a case where the plaintiff claimed permanent nerve damage injury following a dental procedure.
Karen O’Kasey Obtains Defense Verdict in Eight-Day Medical Malpractice Trial
Trial attorney Karen O’Kasey obtains defense verdict in an eight-day trial in Multnomah County Circuit Court. Plaintiff was seeking over ten million dollars in damages against a physician and co-defendant hospital, claiming the physician did not provide adequate consent in pelvic mesh case.
Karen O’Kasey Recognized by Best Lawyers® as the 2025 “Lawyer of the Year”
Congratulations to trial attorney Karen O’Kasey for being recognized by Best Lawyers® as the 2025 “Lawyer of the Year” for Medical Malpractice – Defendants, and Legal Malpractice Law – Defendants.
Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. These lawyers are selected based on particularly impressive voting averages received during the peer review assessments.
Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.
In addition to the “Lawyer of the Year” award, Karen O’Kasey is also listed in the 2025 Edition of The Best Lawyers in America in the following practice areas:
Ethics and Professional Responsibility Law
Legal Malpractice – Defendants
Medical Malpractice – Defendants
Professional Malpractice Law – Defendants
Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.
Janet Schroer Recognized by Best Lawyers® as the 2025 “Lawyer of the Year”
Congratulations to Janet Schroer for being recognized by Best Lawyers® as the 2025 “Lawyer of the Year” for Appellate Practice and Bet-the-Company Litigation.
Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. These lawyers are selected based on particularly impressive voting averages received during the peer review assessments.
Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and the same practice areas for their abilities, their professionalism, and their integrity.
In addition to the “Lawyer of the Year” award, Janet Schroer is also listed in the 2025
Edition of The Best Lawyers in America in the following practice areas:
Appellate Practice
Bet-the-Company Litigation – Defendants
Personal Injury Litigation – Defendants
Professional Malpractice Law – Defendants
Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.
Nine Hart Wagner Attorneys Recognized in the 2025 Edition of Best Lawyers in America®
We would like to congratulate nine of our attorneys that have been recognized and named to the 2025 edition of The Best Lawyers In America®:
Troy Bundy (recognized since 2012)
Health Care Law
Litigation – Health Care
Medical Malpractice Law – Defendants
Clark (Chip) Horner (2024)
Health Care Law
Medical Malpractice Law – Defendants
Professional Malpractice Law – Defendants
Matt Kalmanson (recognized since 2016)
Appellate Practice
Bet-the-Company Litigation
Commercial Litigation
Litigation – Health Care
Donna Lee (2024)
Health Care Law
Medical Malpractice Law – Defendants
Karen O’Kasey (recognized since 2012)
Ethics and Professional Responsibility Law
Legal Malpractice Law – Defendants
Medical Malpractice Law – Defendants
Professional Malpractice Law – Defendants
Aaron Potter (recognized since 2019)
Medical Malpractice Law – Defendants
Janet Schroer (recognized since 2003)
Appellate Practice
Bet-the-Company Litigation
Personal Injury Litigation – Defendants
Professional Malpractice Law – Defendants
Joe Traylor (recognized in 2023)
Litigation – Construction
Personal Injury Litigation – Defendants
Product Liability Litigation – Defendants
Mike Wiswall (recognized since 2012)
Ethics and Professional Responsibility Law
Health Care Law
Legal Malpractice Law – Defendants
Medical Malpractice Law – Defendants
Professional Malpractice Law – Defendants
About Best Lawyers®
Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals. Its first international list was published in 2006 and since then has grown to provide lists in over 75 countries. Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process.
Congratulations to our 2024 Oregon Super Lawyers® and Rising Stars®
Five individual Hart Wagner attorneys have been recognized by Super Lawyers Magazine in their 2024 Oregon Super Lawyers® edition. The publication identifies the most outstanding attorneys in the state, as chosen by their peers and through the research of Super Lawyers, which is a Thomson Reuters business. Notably, Janet Schroer was recognized for being among the Top 10 attorneys in Oregon. Additionally, Janet Schroer and Karen O’Kasey are included in the Top 25 women lawyers in Oregon.
The following Hart Wagner attorneys were recognized in these designated practice areas:
Troy Bundy – Personal Injury Medical Malpractice: Defense
Matthew Kalmanson – Appellate
Karen O’Kasey – Employment Litigation: Defense
Janet Schroer – Appellate
Michael Wiswall – Personal Injury Medical Malpractice: Defense
Hart Wagner partner Taylor Lewis was selected to the 2024 Rising Stars® list and recognized in the Personal Injury Medical Malpractice: Defense category. New to the 2024 Rising Star® list is associate Jason Cohen. Jason was recognized in the practice area of Personal Injury Medical Malpractice: Defense category.
Trial Attorney Troy Bundy Elected to ABOTA
We’re pleased to announce that partner Troy Bundy has been elected to membership in the American Board of Trial Advocates (ABOTA) and the Oregon chapter of AOTA at the National Board Meeting in Seattle, Washington on Saturday, June 29, 2024. ABOTA is an invitation-only national association of 7,300 highly experienced plaintiff and defense trial lawyers and judges dedicated to the preservation and promotion of the Seventh Amendment to the U.S. Constitution, which guarantees the right to civil jury trials. To achieve ABOTA’s associate status, a lawyer must have tried 20 civil jury trials to verdict or hung jury. ABOTA’s primary goal is to educate the American public about the history and value of the right to trial by jury, and it is dedicated to elevating the standards of skill, integrity, honor, and courtesy in the legal profession. Congratulations, Troy.
Karen O’Kasey and Taylor Lewis Obtain Defense Verdict in Medical Malpractice Lawsuit
Karen O’Kasey and Taylor Lewis recently obtained a defense verdict in a multi-million medical negligence lawsuit filed in Multnomah County. The plaintiff parents claimed that their child sustained permanent neurologic damage due to a delayed neurosurgery referral for a possible tethered spinal cord. Following a four day trial, the jury agreed that the pediatric urologist who treated the plaintiffs’ child met the standard of care and did not commit malpractice.