Oregon Court of Appeals Reverses Judgment Against Hart Wagner Client

The Oregon Court of Appeals recently reversed a $1.5 million dollar judgment that had been entered against a Hart Wagner client, a bank acting as the trustee for a trust that operated several commercial buildings in downtown Portland.  Partner Matt Kalmanson handled the appeal.   The trial court had ruled that the bank converted funds from the trust’s beneficiaries by charging them certain fees necessary to manage the building.   Mr. Kalmanson convinced the Oregon Court of Appeals to reverse.  The Court of Appeals specifically rejected the argument that the plaintiff had established, as a matter of law, that Hart Wagner’s client wrongfully received any funds or charged any improper fees.