Results
October 08, 2020

Troy Bundy and Taylor Lewis Obtain Dismissal of Lawsuit Against Dialysis Clinic

Troy Bundy and Taylor Lewis prevailed again in an Oregon medical malpractice action brought against a dialysis clinic.  The plaintiff alleged that the clinic wrongfully discharged him from its dialysis program after he grabbed a staff member’s ponytail and pulled her head back.  He claimed that that the clinic’s reasons for discharging him were pretext, and that he was actually discharged because he had made complaints about the care he was receiving.  After the plaintiff failed to appear for his deposition, defendant successfully moved to dismiss the entire case with prejudice. 


Results
October 02, 2020

Troy Bundy and Taylor Lewis Prevail in Cosmetic Surgery Malpractice Lawsuit

Troy Bundy and Taylor Lewis prevailed on summary judgment in an Oregon medical malpractice lawsuit alleging that a well-regarded plastic surgeon’s treatment fell below the standard of care.  The plaintiff claimed various complications following an abdominoplasty and liposuction, and sought damages for pain and suffering and expenses for revision surgery.  Following oral argument, the court agreed with defendants’ legal analysis and ruled in favor of defendants’ on all claims.


Results
September 25, 2020

Karen O’Kasey and Andrew Weiner Prevail in Federal Court

Karen O’Kasey and Andrew Weiner prevailed on summary judgment in a federal lawsuit alleging an employer’s violation of due process and equal protection as well state law claims for wrongful discharge, defamation, and intentional infliction of emotional distress. The plaintiff claimed that an investigation into his misconduct was tainted, and that the employer improperly refused to remove him from a Brady list. US District Court Judge Michael McShane agreed with the defendants’ legal analysis, ruling in the defendants’ favor on all claims.


News
September 24, 2020

Gordy Welborn Named Chair of the Oregon Chapter of the American College of Trial Lawyers

We’re pleased to announce that our managing partner Gordy Welborn has been named the Chair of the Oregon Chapter of the American College of Trial Lawyers (ACTL), one of the premier legal associations in North America.  He will serve in this leadership position for two years.  Gordy was inducted as a Fellow in 2012, and has served as the Vice Chair of the Oregon Chapter.    

Founded in 1950, the College is composed of the best of the trial bar from the United States, Canada and Puerto Rico. Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers of diverse backgrounds, who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Lawyers must have a minimum of fifteen years trial experience before they can be considered for Fellowship.

Membership in the College cannot exceed one percent of the total lawyer population of any state or province. There are currently approximately 5,800 members in the United States, Canada and Puerto Rico, including active Fellows, Emeritus Fellows, Judicial Fellows (those who ascended to the bench after their induction) and Honorary Fellows which include each of our Supreme Court justices. The College maintains and seeks to improve the standards of trial practice, professionalism, ethics, and the administration of justice through education and public statements on independence of the judiciary, trial by jury, respect for the rule of law, access to justice, and fair and just representation of all parties to legal proceedings. The College is thus able to speak with a balanced voice on important issues affecting the legal profession and the administration of justice.


News
September 22, 2020

Hart Wagner Donates Money To Support Front Line Firefighters

Over the past week our firm has raised over $3,000 that will go directly to support the firefighters in the Santiam Canyon.  The money raised will help provide food and care packages for the front line firefighters.  The wildfires have caused extreme devastation to our beautiful state, and we are proud to support our brave first responders.     


Recognition
August 20, 2020

Karen O’Kasey Named 2021 Best Lawyers® “Lawyer Of The Year” in Portland, Oregon

Congratulations to Karen O’Kasey for being recognized by Best Lawyers® as the 2021 “Lawyer of the Year” for 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, Karen O’Kasey was also listed in the 2021 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

Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.


Recognition
August 20, 2020

Nine Hart Wagner Attorneys Recognized In The 2021 Edition Of Best Lawyers In America®

We would like to congratulate nine of our attorneys that have been recognized and named to the 2021 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

Mike Wiswall (recognized since 2012)
            Ethics and Professional Responsibility Law
            Legal Malpractice Law – Defendants
            Medical Malpractice Law – 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

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
August 20, 2020

Attorney Jack Scholz Selected As Oregon’s Young Lawyer Delegate To The American Bar Association

We’re pleased to announce that associate Jack Scholz has been selected by the Oregon State Bar as its Young Lawyer Delegate to the American Bar Association for a two-year term.  Oregon’s ABA delegates serve on the ABA House of Delegates, the policy-making body of the national organization.  The ABA House of Delegates convenes twice each year to consider resolutions governing the practice of law throughout the entire country.  Pursuant to Oregon State Bar rules, one delegate from Oregon must be a lawyer under 35 years of age, and Hart Wagner is pleased that Jack will be serving in this role until August of 2022.   Founded in 1878, the ABA is committed to advancing the rule of law across the United States and beyond by providing practical resources for legal professionals, law school accreditation, model ethics codes, and more. 


Results
August 12, 2020

Team O’Kasey Prevails On Another Motion For Summary Judgment

Karen O’Kasey and Josh Sherman prevailed on summary judgment for the City of North Bend on a complex class action challenge to the city’s Public Safety Fee.  The plaintiffs sought an injunction prohibiting the city from collecting the fee on the basis that it was being collected in violation of the city’s charter.  After defeating class certification, defendants successfully argued that the fee was valid under the city charter.  Moving forward, the City of North Bend can continue to collect the Public Safety Fee to fund its police department. 


Results
August 11, 2020

Karen O’Kasey and Ruth Casby Prevail On Motion For Summary Judgment

Karen O’Kasey and Ruth Casby prevailed yesterday on a motion for summary judgment dismissing a federal lawsuit alleging an employer’s violation of due process. The plaintiff sought damages of $500,000 claiming he was denied constitutional due process protections when he was discharged from his job as Clatskanie School District’s maintenance supervisor. US District Court Judge Marco Hernandez agreed with the defendants’ legal analysis, ruling that plaintiff’s claim had no merit because his at-will employment did not give rise to a constitutionally protected property interest and, as such, his employer did not need to comply with due process protections. This ruling made it unnecessary for the court to consider defendants’ alternative position that plaintiff’s claim failed because he received due process before and after his discharge.