What's Happening at Hart Wagner
- Jason Cohen and Rachel Wolfard Named Partner
- Karen O’Kasey and Taylor Lewis Obtain Defense Verdict in Police Use of Force Case
- 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
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.
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.
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.
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.
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.
Aaron Potter Obtains Defense Verdict in Commercial Premises Liability Case
Trial attorney Aaron Potter obtained a defense verdict following a 5-day trial in Multnomah County Circuit Court. Plaintiff, who was represented by Kafoury & McDougal, claimed permanent back and leg injuries in a commercial premises liability suit seeking $1.5 million in damages. Jury returned a defense verdict.
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
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.
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.