What's Happening at Hart Wagner
- Congratulations to our 2021 Oregon Super Lawyers and Rising Stars
- Attorney Taylor Lewis Presents At OADC Annual Conference
- Trial Attorney Karen O'Kasey Obtains Directed Verdict in Marion County
- Attorney Stephanie Kucera Wins in Federal Court
- Appellate Attorney Janet Schroer Wins in the Oregon Court of Appeals
U.S. News – Best Lawyers® “Best Law Firms” has issued its 2020 law firm rankings. Hart Wagner received nine regional Tier 1 designations as well as a national Tier 3 ranking in Appellate Practice. These rankings are based on lawyer evaluations, client feedback and peer reviews.
National Tier 3
Metropolitan Tier 1
Medical Malpractice Law – Defendants
Professional Malpractice Law – Defendants
Portland – OR
Ethics and Professional Responsibility Law
Legal Malpractice – Defendants
Medical Malpractice – Defendants
Personal Injury Litigation – Defendants
Professional Malpractice Law – Defendants
Troy Bundy and Donna Lee prevailed today on a motion for summary judgment in a multimillion dollar professional negligence claim. Plaintiff claimed a licensed clinical social worker was negligent in providing counseling and therapy services to a child who was alleged to have been a victim of parental sex abuse. The court agreed with defense counsel that there was no sufficient nexus between the conduct at issue and the emotional injury alleged by plaintiff. Furthermore, any possible nexus was based upon privileged communications occurring between the DHS and the LCSW, who was a mandatory reporter.
Stephanie Kucera was featured in the OADC publication, “The Verdict”, for a case in which she obtained dismissal of claims relating to alleged unauthorized disclosure of protected health information. The Court dismissed plaintiff’s claims and ruled that Oregon law does not provide for a private right of action for alleged violation of HIPAA or ORS Chapter 192. Defendant’s motions were decided by Judge Bethany Flint of Deschutes County Circuit Court.
We’re pleased to welcome two new associates, Josh Sherman and Lauren Lewis to the firm.
Josh Sherman’s practice focuses on employment litigation, medical malpractice, and general liability. As an undergraduate, he attended University of Oregon, where he graduated cum laude. He went on to earn his law degree at Lewis & Clark Law School, also graduating cum laude. As a law student, he received the Law Review Excellence Award for outstanding work on Lewis & Clark’s Environmental Law review. He has also worked as a certified law clerk for the United States Attorney’s Office for the District of Oregon.
Lauren Lewis’ practice focuses on defending long-term care facilities in Oregon. She graduated from the University of Oregon School of Law. She also worked as a research assistant with Ocean Conservancy, where she assisted in researching Arctic maritime and transit legal matters. She also has litigation experience from her time as an extern for the Honorable Magistrate Judge John V. Acosta of the United States District Court for Oregon. Prior to joining Hart Wagner, she worked as a law clerk with the Oregon School Boards Association defending institutions of learning in Oregon, and as a clerk with the Municipality of Anchorage.
On September 11, the Oregon Court of Appeals affirmed the defense jury verdict in Gardner v. OHSU 299 Or App 280 (2019). Appellate attorney Janet Schroer handled the appeal for OHSU and its treating psychiatrist. Trial attorney Rod Norton’s defense verdict in this medical malpractice case was based on a jury verdict finding the plaintiff’s decedent was 58% at fault. Plaintiff asserted wrongful death claims against OHSU and plaintiff’s mental health providers, alleging their outpatient treatment was responsible for decedent’s suicide. The appellate court held there is no per se rule against comparative fault in cases involving outpatient suicide and upheld the jury’s finding of fault.
On Friday, August 30th, attorney Matt Kalmansonwas interviewed on Oregon Public Broadcasting’s program, “Think Out Loud”. Kalmanson discussed a case brought by animal rights and environmental activists that is being appealed after first being dismissed by a federal judge. In their lawsuit earlier this month, the Animal Legal Defense Fund and Seeding Sovereignty claimed they have a constitutional “right to wilderness”, and this right is being violated by the federal government’s failure to combat climate change more vigorously. Kalmanson joins Dave Miller to provide some analysis of the case, listen online.
Congratulations to the following Hart Wagner lawyers named to the 2020 edition of The Best Lawyers in America:
Troy Bundy: Health Care Law; Medical Malpractice Law – Defendants
John Hart: Medical Malpractice Law – Defendants; Personal Injury Litigation – Defendants
Matthew Kalmanson: Appellate Practice; Commercial Litigation
Rodney Norton: Ethics and Professional Responsibility Law; Legal Malpractice Law – Defendants; Medical Malpractice Law – Defendants; Professional Malpractice Law – Defendants
Karen O’Kasey: Ethics and Professional Responsibility Law; Legal Malpractice Law – Defendants; Medical Malpractice Law – Defendants; Professional Malpractice Law – Defendants
Aaron Potter: Medical Malpractice Law – Defendants
Janet Schroer: Appellate Practice; Personal Injury Litigation – Defendants; Professional Malpractice Law – Defendants
Gordon Welborn: Ethics and Professional Responsibility Law; Legal Malpractice Law – Defendants; Medical Malpractice Law – Defendants; Professional Malpractice Law – Defendants (For Redmond, OR)
Michael Wiswall: Ethics and Professional Responsibility Law; Legal Malpractice Law – Defendants; Medical Malpractice Law – Defendants; Professional Malpractice Law – Defendants
Since it was first published in 1983, The Best Lawyers in America has become known as the most respected peer-review publication in the legal profession.
We’re proud to announce that three of our attorneys were recognized as 2020 “Lawyers of the Year,” by The Best Lawyers in America©. Based on their overall high level of peer recognition in their respective practices and geographic locations: Rodney K. Norton– Professional Malpractice Law – Defendants, Janet M. Schroer– Personal Injury Litigation – Defendants, and Michael J. Wiswall– Legal Malpractice Law, all in Portland, Oregon. Receiving this designation reflects the high level of respect a lawyer has earned among other leading lawyers in the same communities and in the same practice areas for his or her abilities, professionalism and integrity.
On July 31, 2019, the Oregon Court of Appeals affirmed the defense jury verdict and multiple pretrial rulings in Sanford v. Hampton Resources, Inc. and Risseeuw Logging, Inc., 298 Or. App. 558 (2019). Plaintiff claimed traumatic brain injury and other damages stemming from a logging accident. The court’s 24 page opinion separately affirmed summary judgment rulings dismissing plaintiffs’ Employer Liability Law claim and an Intentional Interference with Economic Relations claims, and affirmed the trial court’s denial of plaintiffs’ motion to amend the complaint to add a new claim on the eve of trial. The court also affirmed without discussion the trial court’s multiple evidentiary rulings challenged on appeal. Janet Schroerhandled the appeal on behalf of both defendants. The appeal was filed following a lengthy trial in Marion County in 2015. Gordon Welbornand Michael Jacobsdefended Risseeuw Logging in the trial court.
Nine individual Hart Wagner attorneys have been recognized by Super Lawyers Magazine in their 2019 Oregon Super Lawyersedition. 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, Janet Schroer, and Gordon Welborn were recognized for being among the Top 50 attorneys in Oregon, and Karen O’Kasey and Janet Schroer 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 K. 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 associates Michael Jacobsand Mark C. Sherman, were selected to the 2019 Rising Stars list. Jacobs was recognized in the Personal Injury General: Defense category, and Sherman was honored in the Employment 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.