Representative Experience
Gafur v. Legacy Good Samaritan Hospital and Medical Center
Successfully represented health system before the Oregon Supreme Court in action seeking wages and penalties for allegedly missed rest and meal periods under Oregon law. 213 Or. App. 343, 161 P.3d 319 (Or. 2008)
Larmanger v. Kaiser Foundation Health Plan of the Northwest
Obtained summary judgment on seven claims that included leave discrimination, aiding and abetting discrimination, and whistleblower retaliation brought by patient care manager against major health care employer. (D. Or. 2012)
Belknap et al. v. U.S. Bank
Successfully obtained ruling of class action decertification, of wage claim, following five years of litigation. On appeal, obtained affirmance of trial court’s decertification order and obtained reversal of trial court’s attorney fee award to named plaintiffs. 235 Or. App. 658 (2010), rev den 349 Or. 654 (2011)
Kramer v. Tosco, et al.
Represented Tosco (Conoco-Phillips) in an eight-day jury trial alleging ADA discrimination, wrongful discharge, and retaliation. The jury returned a defense verdict on all claims. The 9th Circuit affirmed. (9th Cir. 2006)
Barnes v. GE Security Inc.
Obtained summary judgment in claims alleging workers' compensation retaliation, disability and FMLA retaliation. Judgment for our client on all claims. (D. Or. 2008)
Bell v. Addus Healthcare, Inc.
Defeated plaintiff's motion for class certification against health care services company involving alleged violations of Washington and Oregon wage and hour laws (3,000-plus putative class members) for denied meal breaks and rest periods, unpaid overtime and unpaid wages; summary judgment dismissal of multiple claims brought by plaintiff. (W.D. Wash. 2007)
Capps, et al., v. U.S. Bank National Association
Defeated class certification of late pay claim. (D. Or. 2010)
Woodward-Felt v. KSKN Television, Inc.
Successfully compelled arbitration in wrongful termination suit filed by former news anchor alleging age and gender discrimination under state and federal law. (A.A.A. Ongoing)
Ramos et al. v. U.S. Bank National Association
Defeated class certification in wage and hour class action alleging off-the-clock claims due to supposedly faulty timekeeping system. (D. Or. 2010)
Lussier v. Dollar Tree Stores, Inc.
Obtained affirmance by the 9th Circuit of denial of attorney fees after remand following removal under the Class Action Fairness Act. 513 F.3d 1062 (9th Cir. 2008)
Berntsen v. Dollar Tree Stores
Achieved defense verdict in jury trial alleging quid pro quo sexual harassment. (D. Or. 2007)
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Dale v. Sitel
Defeated class certification on behalf of Sitel in a wage and hour class action, which claimed, in part, that Sitel used rounding to force employees to come in seven minutes early to work, and then required that the same employees leave at precisely 5 p.m., so as to never receive a rounding benefit. (Multnomah Cnty. (Or.) Cir. Ct. 2007)
Johnston v. Pets Rx, Inc.
Defended against plaintiff who brought claims of disability discrimination and workers' compensation and FMLA retaliation. The court granted summary judgment to defendant on all but one claim, but limited plaintiff's damages on that claim to a few weeks. The case then settled. WL 2746918 (D. Or. 2007)
Lowdermilk v. U.S. Bank
Successfully defeated class action certification and obtained dismissal of class claims with prejudice. (2007)
Manesh v. Tokyo Electron American
Summary judgment granted in workers' compensation discrimination case. (D. Or. 2007)
McElmurry et al. v. U.S. Bank
Defeated multiple collective action certification motions under the Fair Labor Standards Act seeking certification of claims alleging misclassification of management-level employees and alleging off-the-clock work. Court twice denied certification on each claim. (2004 WL 1675925 D. Or. 2004; 2005 WL 2494932 D. Or. 2005; 2005 WL 249 2932 D. Or. 2005; 2006 WL 3908536 D. Or. 2006). Before the Ninth Circuit on appeal, successfully obtained dismissal of appeal and denial of petition for writ of mandamus. 495 F.2d. 1136.(D. Or. 2007)
Freed v. ISITE et al.
Represented client in a 'bet the company' complex commercial matter. Jury returned a verdict for our client on all counter-claims against plaintiff and on all but one claim resulting in a net-positive judgment in client's favor. (D. Or. 2006)
Gamez-Morales v. Pacific Northwest Renal Care Group
Defended against eight claims of disability discrimination, family leave retaliation, sexual harassment and sex discrimination and wrongful discharge. The Court granted summary judgment as to all claims. The case is currently pending on appeal before the 9th Circuit. WL 2850476 (D. Or. 2006)
Miller v. Dollar Tree Stores
Represented client in case asserting multiple wage violations. Court granted motion to strike all class allegation claims. (E.D. Wash. 2006)
Rivera et al. v. U.S. Bank
Obtained summary judgment dismissing all class action claims in wage and hour class action. Before Oregon Supreme Court, successfully obtained denial of petition for writ of mandamus.(Multnomah Cnty. (Or.) Cir. Ct. 2006)
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Prather v. Columbia Helicopters
Summary judgment granted in whistleblower case alleging wrongful termination, breach of contract and statutory wage claims. (Multnomah Cnty. (Or.) Cir. Ct. 2005)
Hix et al. v. Legacy Health System
Plaintiffs alleged a class action for wage and hour violations and voluntarily dismissed case after receiving Legacy's motions to dismiss. (2004)
Kuyat v. Applied Materials
Summary judgment granted in case alleging wrongful termination and breach of contract. (D. Or. 2004)
Roque v. Applied Materials
Motion to dismiss and compel arbitration granted in employment discrimination case. WL 1212110 (D. Or. 2004)
Manatt v. Bank of America
Obtained summary judgment in case alleging national origin, race discrimination and retaliation; 9th Circuit affirmed. 339 F.3d 792 (9th Cir. 2003)
Potter v. BCE Emergis Corporation
Obtained defense jury verdict in a case brought by a former data entry employee. Plaintiff alleged that she was fired in retaliation for utilizing Oregon's workers' compensation system. (Multnomah Cnty. (Or.) Cir. Ct. 2003)
Paden v. Bank of America
Plaintiff, a 13-year veteran of the bank, brought claims alleging race discrimination and retaliation. Obtained summary judgment for Bank of America on all claims. WL 31432759 (D. Or. 2002)
Wilcox v. Pitney Bowes
Represented Pitney Bowes in a case alleging claims under the Family Medical Leave Act, the Oregon Family Leave Act, retaliation and pregnancy discrimination. The court granted Pitney Bowes' motion for summary judgment on all claims. WL 31496424 (D. Or. 2002)
Corcoran v. GE Capital
Represented GE Capital Corporation and obtained summary judgment in this case involving disability discrimination and retaliation. (2001)
Haughton v. Bank of America
Defended against bank executive who alleged race discrimination, retaliation and wrongful discharge against the most senior bank officers in Charlotte, N.C., and San Francisco. The court granted summary judgment for Bank of America on all claims. WL 34041894 (D. Or. 2001)
Barira v. Bank of America
Successfully defended Bank of America in this national origin and gender discrimination case in a bench trial. (2000)
Hutson et al. v. U.S. Bank
Represented defendant in class action alleging misclassification seeking additional overtime and penalties after nationwide settlement between bank and Department of Labor. Summary judgment granted. (Multnomah Cnty. (Or.) Cir. Ct. 2000)