List of Published Cases and Other Cases of Note:

J.M. v. Oregon Youth Authority, 364 Or. 232, 434 P.3d 402 (2019) (filed amicus brief and presented oral argument [a rare honor for amicus counsel] on the successful defense of the use of the discovery rule in 42 U.S.C. § 1983 cases)

Buchwalter-Drumm v. State, 288 Or. App. 64, 404 P.3d 959 (2017) (Oregon’s discovery rule allows child victims of government misconduct to bring suit when they themselves discover the elements of the cause of action, meaning that a child would have to be able to learn of government negligence or errors and the harm those errors cause before the time to bring a lawsuit could begin)

Doe v. Sliverman (and Dixon), 286 Or. App. 813 (2017) (reaction of wife to boy coming out of husband’s separate bedroom created a question of fact as to whether wife “knowingly allowed encouraged, or permitted” subsequent child abuse per ORS 12.117)

Long v. Farmers Ins. Co., 360 Or. 791, 388 P.3d 312 (2017) (co-counsel on successful appeal in first party insurance case, announcing new holding on availability of attorney fees in absence of entry of judgment in favor of consumer.  Clarified significant gap in attorney fees awards where insurance companies could pay prayer prior to or at trial, resulting in dismissal of the claim based on mootness)

Smith v. Province of the Holy Name, No. 3:16-cv-00412-JE, 2016 U.S. Dist. LEXIS 100052 (D. Or. July 28, 2016), adopted in full, 2016 U.S. Dist. LEXIS 100379 (D. Or., May 26, 2016) (successful remand of child abuse action erroneously removed to federal court on basis of prospective defense of First Amendment entanglement)

Bearden v. Clark County, No. C14-5318 BHS, 2016 U.S. Dist. LEXIS 38951 (W.D. Wash. Mar. 24, 2016) (lead counsel in successful suit brought on behalf of Deaf inmates based on discrimination in Clark County, WA Jail; plaintiffs’ summary judgment motion on liability granted in part, finding jail had discriminated as matter of law.  Settlement included significant changes in operation as well as compensation to those incarcerated)

Voe v. Roman Catholic Archbishop of Portland in Or., No. 3:14-cv-01016-SB, 2015 U.S. Dist. LEXIS 182641 (D. Or., Mar. 10, 2015) (lead counsel on motion/order denying majority of social media discovery sought by defendant)

Bagley v. Mt. Bachelor, Inc., 356 Or. 543, 340 P.3d 27 (2014) (filed amicus brief on behalf of OTLA in successful case striking down ski resort liability releases as unconscionable and in violation of public policy)

Moro v. State, 354 Or. 657, 320 P.3d 539 (2014) (challenge to Oregon Supreme Court’s hearing of case involving public employee pensions on grounds of conflict of interest; motion to disqualify rejected, but issue of disqualification subject to extended examination and explanation)

N.K. v. Corporation of Presiding Bishop of Church of Jesus Christ of Latter Day Saints, 175 Wn. App. 517 (2013) (co-counsel on successful appeal seeking reversal of dismissal of institutional defendants in a child abuse case; clarified Washington law on failure to warn and failure to remedy obvious dangerous situations)

State ex rel. Haggenmiller v. Clackamas County, Oregon Supreme Court S060685 (September 6, 2012) (lead counsel in case in which court issued stay on petition for peremptory writ of mandamus, halting the sale of $20,000,000 in light rail bonds based on failure to allow voter approval; sale cancelled and County obtained private loan)

Jack Doe 1 v. Lake Oswego School Dist., 242 Or App 605, 259 P3d 27 (May 18, 2011), rev den, 351 Or 254, 264 P3d 1285 (2011), rev. allowed on reconsideration 351 Or 678, 278 P3d 18 (2012), reversed 353 Or 321, 297 P3d 1287 (2013) (successful appeal of dismissal at trial court and loss at Court of Appeals, arguing that the Oregon Tort Claims Act discovery rule allowed victims of sexual abuse by teacher to bring suit against district decades after the abuse)

Stewart v. Kids Inc., 245 Or App 267, 261 P.3d 1272, rev. allowed 352 Or 107, 261 P3d 1272, rev. dismissed, 353 Or 104, 295 P3d 51 (2012) (amicus brief filed on behalf of Oregon Trial Lawyers Association in support petition for review)

Bell v. Tri-County Metropolitan Transp. Dist. of Oregon, 247 Or App 666, 271 P3d 138 (2012), aff’d 353 Or 535, 301 P3d 901 (2013) (amicus brief filed on behalf of Oregon Trial Lawyers Association in support of petition for review, as well as brief on the merits following grant of review)

Doe v. Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, 2012 U.S. Dist. LEXIS 124658 (D. Idaho 2012); 837 F Supp2d 1145 (D. Idaho 2011) (successful defense of motion for summary judgment and motion to dismiss respectively, in which court recognized and upheld fraud action against LDS and BSA; previously in the case, successfully stopped defendants from bringing an interlocutory appeal to the Ninth Circuit on a certified issue)

Curry v. Clackamas County, 240 Or App 531, 248 P3d 1 (2011) (briefing and oral argument on dismissal of Measure 37 lawsuit prior to trial based on passage of Measure 49)

Luethe v. Multnomah County, 240 Or App 263, 246 P3d 487 (2010) (briefing on appeal of dismissal and vacating of Measure 37 regulatory takings verdict of $750,000 based on passage of Measure 49)

State ex rel. Dewberry v. Kulongoski, 346 Or 260, 210 P3d 884 (2009) (successful briefing on behalf of citizens’ group opposition to governor’s signing of agreement for Florence, Oregon Tribal casino)

Emmert Industrial Corp. v. City Of Milwaukie, 307 Fed Appx 65, 2009 WL 118074 (9th Cir., January 07, 2009) (briefing and oral argument on behalf of citizen over breach of contract and house demolition by City)

State ex rel. Dewberry v. Kulongoski, 220 Or App 345, 187 P3d 220 (2008) (successful briefing on behalf of petitioners, above, after dismissal of mandamus action at trial court level)

Martinez v. Kulongoski, 220 Or App 142, 185 P3d 498 (2008) (successful briefing on behalf of amicus in Measure 36 defense)

Corey v. DLCD, 344 Or 457, 184 P3d 1109 (2008) (briefing and oral argument for amicus Measure 37 owners on application of Measure 49 to existing Measure 37 cases)

Schmidt v. Archdiocese of Portland in Oregon, 218 Or App 661, 180 P3d 160 (2008) (reply brief on behalf of abuse victim)

T.R. v. Boy Scouts of America, 344 Or 282, 181 P3d 758 (2008) (drafted petition for reconsideration, petition for review, Oregon Supreme Court briefing on review, and opposition to petition for certiorari in United States Supreme Court; succeeded in establishing Oregon precedent allowing delayed discovery of negligence actions in child abuse actions against government entities)

John Doe 140 v. Archdiocese of Portland in Oregon, 249 FRD 358 (D. Or., February 26, 2008) (briefing on behalf of sex abuse victim where Archdiocese attempted to compel the use of victim’s true name in pleadings)

Linsday et al. v. Smith and Jester, Oregon Supreme Court, SC S53313 (March 2006) (successful petition on behalf of developmentally disabled children for peremptory writ of mandamus against discovery into children’s medical, educational, and social service records by sexual abuser seeking post-conviction relief)

Luethe v. Multnomah County, Multnomah County Circuit Court Case #0609-09466, CA No. A138836 (pretrial and trial briefing on behalf of property owners in Measure 37 action, Second Chair at trial, judgment from the bench: $750,000 (entire prayer), briefing on appeal following Measure 49)

D.I. v. Corporation of the Presiding Bishop, Case No. S055003, Oregon Supreme Court (July 2, 2007) (obtained denial of petition for mandamus seeking to halt production of the LDS Church’s financial records and lifting of stay on production of records)

Greenberg v. Myers, 340 Or 65, 127 P3d 1192 (2006) (briefing in ballot title challenge on behalf of chief petitioners)

Dewberry v. Kulongoski, 406 F Supp2d 1136 (D. Or. 2005) (briefing and summary judgment oral argument on behalf of citizens in declaratory relief action against Florence casino)

Defense of Marriage Coalition PAC v. Secretary of State, 215 Or App 500, 170 P3d 8 (Table, 2007) (briefing on behalf of PAC on appeal of election fine (AWOP))

Li v. State, 338 Or 376, 110 P3d 91 (2005) (simultaneous opening/response/reply briefs, supplemental briefing, and attorney fees briefing on behalf of citizens opposed to Multnomah County’s illegal issuance of marriage permits, successful in getting Oregon Supreme Court to declare illegally issued marriage permits void)

Checkley v. Boyd, 198 Or App 110, 107 P3d 651 (2005) (briefing on behalf of plaintiff in IIED case)

Starrett v. City of Portland ex rel. State, 196 Or App 534, 102 P3d 728 (2004) (briefing and oral argument on behalf of CHL holder excluded from City-sponsored event)

Stubbs v. Goldschmidt, 2004 WL 1490323 (D. Or., June 29, 2004) (briefing and oral argument on behalf of university graduate student in firearms rights case)

City of Portland v. Courter, MCCC 9810-07438 (2003) (Second Chair on behalf of property owners in condemnation case; City’s 30 day offer: $325,000, jury verdict: $625,000 plus attorney fees)

Wyant v. Myers, 336 Or 128, 81 P3d 692 (2003) (briefing in ballot title challenge on behalf of chief petitioner)

Langlotz v. Noelle, 179 Or App 317, 39 P3d 271 (2002) (briefing as law student and oral argument as lawyer [erroneously unattributed] on behalf of CHL applicant subject to extra-statutory investigation procedures)

Lehman v. Bradbury, 334 Or 579, 54 P3d 591 (2002) (assisted on briefing on behalf of intervenors on term limits case)

Van Raden v. City of Portland, 2001 WL 34047031 (D. Or., May 31, 2001) (drafted briefing and presented oral argument as certified law student in NEPA action challenging the Interstate light rail project’s destruction of historic building)