Results
May 10, 2024

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.


News
May 06, 2024

Appellate Team Wins Appeal on Behalf of Community College

Appellate attorneys Janet Schroer and Blake Fry won an appeal on behalf of a community college district from a judgment for $1 million in noneconomic damages on a breach of contract claim. In Gililland v. Southwestern Oregon Community College District, a jury found in favor of a former student on a claim that the district breached contract by not following its anti-discrimination policy in resolving her grade dispute. The jury awarded the student $1 million in noneconomic damages to compensate her for the alleged resulting emotional distress and reputational harm. The Ninth Circuit vacated that award, holding that in Oregon noneconomic damages are generally not recoverable in contract, and that none of the exceptions the student had invoked were applicable.


Results
April 25, 2024

Appellate Attorney Blake Fry Prevails in Appeal for School District

Appellate attorney Blake Fry won an appeal for a school district on claims that its enforcement during the Covid-19 pandemic of an Oregon Health Authority masking requirement violated a student’s constitutional rights. In Standley v. Nelms, the Ninth Circuit held that the North Clackamas School District could not be liable for any claimed constitutional violations in enforcing the masking requirement because it had  been merely acting as directed by a state regulation. The court also held that school district employees had not violated the student’s substantive due process rights to “refuse unwanted medical treatment,” or his First Amendment rights against “compelled expression,” by requiring him to wear a mask in school.


News
February 28, 2024

Hart Wagner Add Two Associates to Litigation Team

We’re pleased to announce that Zach Allen and Michael O’Neil have joined our distinguished litigation team.  Zach’s practice focuses on complex employment matters, professional liability defense, and appeals in Oregon state and federal courts.  Prior to joining Hart Wagner, Zach practiced at a Portland plaintiff’s civil litigation firm.  Before joining private practice, Zach was a law clerk at the Oregon Court of Appeals.

Michael maintains a diverse litigation practice focusing on medical negligence defense, professional licensing board matters, defending construction defect claims, and general liability defense. Prior to joining Hart Wagner, he was an associate at a family law firm.


News
January 02, 2024

Appellate Attorney Ruth Casby Named Partner

We’re pleased to announce that Ruth Casby has been named partner. Ruth’s practice focuses on appellate advocacy in the Oregon Court of Appeals, the Oregon Supreme Court, and the Ninth Circuit Court of Appeals, representing appellants, respondents, and amici in civil and dissolution matters. She also defends the firm’s clients in Oregon state and federal trial courts with many years of experience in the areas of professional, municipal, and employer liability.  We’re proud to call Ruth our partner.


News
December 08, 2023

Oregon PA’s Must Have A Collaboration Agreement in Place No Later Than 12/31/2023

The Oregon Legislature passed HB 2584 (2023) to fully implement physician assistant (PA) collaborative practice created in HB 3036 (2021). The bill clarifies that PAs practice medicine; outlines a PA’s duty of care; defines a PA’s scope of practice is based on their education, training, and experience; updates the employer definition for collaboration agreements; and removes the requirement that a PA’s collaboration agreement include the PA’s performance assessment. The proposed rule amendments align with these updates. Additionally, all PAs are required to enter into a collaboration agreement by December 31, 2023. Practice agreements and practice descriptions will no longer be valid on January 1, 2024. The proposed rules amendments and repeals remove aspects of the PA supervision practice model. An OMB -approved model form can be found here: Sample Collaboration Agreement Template


Results
November 20, 2023

Trial Attorney Chip Horner Obtains Defense Verdict After Three-Week Trial

Chip Horner and his trial team secured a defense verdict for his clients following a three-week Deschutes County trial. At trial, plaintiff alleged all defendants failed to timely diagnosis his oral cancer, leading to personal injuries and a severely reduced life expectancy.  Plaintiffs requested over $20 million dollars in damages.

Upon conclusion of the trial, the Deschutes County jurors returned a defense verdict on all claims.


News
August 17, 2023

Janet Schroer Recognized by Best Lawyers® as the 2024 “Lawyer of the Year”

Congratulations to Janet Schroer for being recognized by Best Lawyers® as the 2024 “Lawyer of the Year” for Personal Injury Litigation – Defendants, and Professional 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, Janet Schroer is also listed in the 2024 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.


News
August 17, 2023

Nine Hart Wagner Attorneys Recognized in the 2024 Edition of Best Lawyers in America®

We would like to congratulate nine of our attorneys that have been recognized and named to the 2024 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)
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)
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

Mike Wiswall (recognized since 2012)
Ethics and Professional Responsibility 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 to make sure


News
July 25, 2023

Appellate Team Wins Precedential Decision Protecting Abuse Survivors

Appellate attorneys Janet Schroer and Taylor Lewis won an appeal on behalf of a survivor of longstanding family abuse.  The appeal followed the trial court’s denial of the client’s motion to renew a Family Abuse Protection Act (FAPA) restraining order.  In doing so, the trial court relied heavily on a recent Court of Appeals decision, J.N.D. v. Dehkordi, 309 Or App 198 (2021), that made it difficult for survivors of abuse to renew restraining orders because Dehkordi required them to prove the abuser posed an “imminent threat of further abuse,” regardless of whether the restraining order had effectively prevented further abusive behaviors.  In K.E.B. v. Bradley, 327 Or App 39 (2023), the Court of Appeals agreed that Dehkordi was wrongly decided, reversed that decision, and held that abuse survivors do not need to prove their abuser still poses an “imminent threat of further abuse” in order to renew a FAPA restraining order.