News
August 24, 2021

Hart Wagner Welcomes Attorney Annie Vozar

We’re pleased to announce Annie M. Vozar, has joined the firm as an associate attorney. Annie joins the firm’s preeminent medical malpractice and general liability defense teams. Her work on these teams will include personal injury and wrongful death defense, premises and product liability defense, and insurance coverage litigation.

Annie earned her bachelor’s degree in philosophy, psychology, and classical studies from McGill University in Montreal, Quebec. She received her law degree from Northeastern University School of Law, where she served as a senior editor on the Northeastern University Law Review and participated in a clinic where she successfully represented a prisoner serving a life sentence, winning parole on oral argument before the Massachusetts Parole Board. After law school, Annie gained trial experience as a Deputy Public Defender in Colorado before shifting her litigation practice to civil law. She is admitted to practice in Oregon and Colorado State Courts.


Recognition
August 19, 2021

Mike Wiswall Named 2022 Best Lawyers®, “Lawyer Of The Year” in Portland, Oregon

Congratulations to Mike Wiswall for being recognized by Best Lawyers® as the 2022 “Lawyer of the Year” for Ethics and Professional Responsibility Law.

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, Mike Wiswall was also listed in the 2022 Edition of The Best Lawyers in America in the following practice areas:

Ethics and Professional Responsibility Law

Legal Malpractice Law – Defendants

Medical Malpractice Law – 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.


Recognition
August 19, 2021

Nine Hart Wagner Attorneys Recognized In The 2022 Edition Of Best Lawyers In America®

We would like to congratulate nine of our attorneys that have been recognized and named to the 2022 edition of The Best Lawyers In America®:

Troy Bundy (recognized since 2012)
            Health Care Law
            Litigation – Health Care
            Medical Malpractice Law – Defendants

John Hart (recognized since 2011)
            Medical Malpractice Law – Defendants
            Personal Injury Litigation – Defendants

Matt Kalmanson (recognized since 2016)
            Appellate Practice
            Commercial litigation
            Litigation – Health Care

Rodney Norton (recognized since 2012)
            Ethics and Professional Responsibility Law
            Legal Malpractice Law – Defendants
            Medical Malpractice Law – Defendants
            Professional 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 2006)
            Appellate Practice
            Bet-the-Company Litigation
            Personal Injury Litigation – Defendants
            Professional Malpractice Law – Defendants

Gordon Welborn (recognized since 2012)
            Ethics and Professional Responsibility Law
            Legal Malpractice Law – Defendants
            Medical Malpractice Law – Defendants
            Professional Malpractice Law – 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 they are in current practice and in good standing.


News
July 12, 2021

Congratulations to our 2021 Oregon Super Lawyers and Rising Stars

Seven individual Hart Wagner attorneys have been recognized by Super Lawyers Magazine in their 2021 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, Karen O’Kasey and Janet Schroer were recognized for being among the Top 50 attorneys in Oregon, and were 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
John Hart – Personal Injury Medical Malpractice: Defense
Rodney Norton – Personal Injury Medical Malpractice: Defense
Karen O’Kasey – Employment Litigation: Defense
Janet Schroer – Appellate
Gordon Welborn – Professional Liability:  Defense
Michael Wiswall – Personal Injury Medical Malpractice:  Defense

Hart Wagner partner Stephanie Kucera, was selected to the 2021 Rising Stars® list. Stephanie was honored in the Civil Litigation:  Defense category. While up to five percent of the lawyers in the state are named to the Super Lawyers roster, no more than 2.5 percent are named to the Rising Stars® list. Each year, the research team at Super Lawyers undertakes a multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and a good-standing and disciplinary check. The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines and newspapers across the country. For more information, visit www.superlawyers.com


News
June 22, 2021

Attorney Taylor Lewis Presents At OADC Annual Conference

Taylor Lewis presented at the Oregon Association of Defense Counsel (OADC) Annual Convention that was held in Sunriver on June 17-19, 2021.  Taylor’s presentation included advice and tips about how to use appeals to leverage favorable resolutions when assisting healthcare professionals with licensing board disciplinary actions.  Taylor’s practice focuses on defending hospitals, medical clinics, and healthcare professional in medical negligence lawsuits and assisting medical professionals in licensing board matters. 


Results
May 13, 2021

Attorney Stephanie Kucera Wins in Federal Court

Federal Magistrate Judge Mark D. Clarke granted all summary judgment motions filed by Hart Wagner in a $10M lawsuit filed by a former employee against one of our Southern Oregon business clients. Plaintiff’s claims included invasion of privacy, negligent release of confidential information, intentional infliction of emotional distress, intentional interference with contract, fraud, abuse of process, and malicious prosecution. Stephanie Kucera filed and argued a compilation of great motions to get the case dismissed in full. Our Hart Wagner team is thrilled to have achieved the right result for our deserving client.


Results
May 12, 2021

Appellate Attorney Janet Schroer Wins in the Oregon Court of Appeals

Janet Schroer and the Hart Wagner appellate team won a reversal for plaintiff of a summary judgment entered by the trial court in favor of the defendant Oregon State Police (OSP). This is a wrongful death action brought by the estate of Box after he was shot by state troopers outside his home. The trial court’s grant of summary judgment to OSP was reversed on plaintiff’s negligence claim for negligent supervision and retention of an officer and trespass claims, and partial summary judgment on liability on the trespass claims was entered on appeal in favor of Box. The court found that the OSP officers were trespassing on Box’s property as a matter of law at the time of the shooting. In addition, the court rejected OSP’s contention arguments that the officers were protected by apparent authority immunity. Also rejected was OSP’s cross assignment of error that Box’s ORCP 47E declaration precluded summary judgment, and that there was no causation between OSP’s alleged wrongdoing the Box’s death. Box v. State of Oregon, Department of Oregon State Police.


Results
May 10, 2021

Hart Wagner Wins in Oregon Supreme Court

Hart Wagner partner Matt Kalmanson won an appeal in the Oregon Supreme Court on an important procedural issue of first impression that will impact all attorneys in Oregon.  The client had lost in the trial court, before the appellate commissioner, and then again in the Court of Appeals, with the result being the client’s appeal was dismissed.  Matt Kalmanson took over in the Supreme Court, and with the assistance of Hart Wagner attorneys Ruth Rocker and Lindsay Duncan, procured a unanimous reversal in the client’s favor. Read Otnes v. PCC Structurals, Inc., decision.


Results
April 01, 2021

Appellate Attorney Janet Schroer Wins in the Ninth Circuit Court of Appeals

Janet Schroer and the Hart Wagner appellate team won affirmance  for defendant city and police officer of the trial court’s dismissal with prejudice of all of the multiple state and federal claims brought by the plaintiff Estate, and all claims but the ADA/Rehab Act claim asserted by plaintiff individually.

The Estate claimed defendants violated state and federal law in failing to take decedent into custody during manic episodes. He committed suicide several days later. The 9th Circuit held that the District Court properly dismissed with prejudice all of the Estate’s claims, including under the ADA and Rehab. Act, along with state law wrongful death statute, as there is no right to be arrested because of a disability, and no requirement to impose services on disabled individuals who do not desire help, and the defendants’ acts were not a substantial factor in decedent’s death. The court also held the defendants did not violate decedent’s substantive Due Process because the 14th Amendment does not confer an affirmative right to governmental aid.

The 9th Circuit affirmed the dismissal of Dunlap’s procedural Due Process claim because Oregon’s mandatory arrest statute, ORS 133.055 did not create any property interest protected by Due Process.

The 9th Circuit reversed Dunlap’s associational claims under the ADA/Rehab Act, as she alleged sufficient facts to show that by reason of her husband’s disability, and her association with him, she was denied a benefit-arrest of her husband for domestic abuse- as mandated by Oregon law when defendant had probable cause to arrest decedent. Dunlap v. City of Sandy and Officer Hodges.