Kevin Kono advocates for clients in a broad range of commercial and complex litigation matters, with a concentration of experience serving clients in the banking industry. He also serves clients through the appellate process, and has argued before the Oregon Court of Appeals, Oregon Supreme Court, and 9th Circuit Court of Appeals.
Kevin regularly works with financial institutions on all types of pre-litigation and litigation matters. His experience is varied, and includes matters relating to claims under the Fair Debt Collection Practices Act, Truth in Lending Act, Real Estate Settlement Procedures Act, Fair Credit Reporting Act, and various breach of contract and tort claims.
He also advises broadcasters and newspapers on media access, privacy torts, and other content-related issues, and defends media clients against defamation, invasion of privacy, and other similar claims.
Kevin serves as the Professional Development Partner for the firm’s litigation practice group. He is also on the Executive Committee of the Oregon State Bar Business Litigation Section.
Greenwood Products, Inc. v. Greenwood Forest Products, Inc.
Obtained affirmance in the Oregon Supreme Court of trial court ruling denying directed verdict motions in a complex commercial dispute, reversing the Court of Appeals decision. 351 Or. 604, 273 P.3d 116 (Or. 2012). Obtained second affirmance in the Oregon Supreme Court of the trial court ruling denying a motion for new trial, again reversing the Court of Appeals decision following prior remand. 357 Or. 665, 359 P.3d 219 (2015). Obtained final affirmance in the Oregon Court of Appeals on remand of remaining issues for decision. 275 Or. App. 1020, 365 P.3d 153
Niday v. GMAC Mortg., LLC and Brandrup v. ReconTrust Co., N.A.
Successfully represented defendant in connection with mortgage-related questions of first impression in Oregon Supreme Court companion cases. 353 Or. 648, 302 P.3d 444 (Or. 2013); 353 Or. 668, 303 P.3d 301 (Or. 2013)
Waldron v. U.S. Bank National Association
Successfully defended appeal of trial court attorney fee ruling on wage and hour claim (Or. Ct. of Appeals 2011)
Barnes v. GE Security, Inc., et al.
Obtained 9th Circuit affirmance of summary judgment dismissing claims for workers’ compensation retaliation and disability discrimination. 342 Fed. Appx. 259, 2009 WL 1974770 (2009)
National cable provider v. City of Eugene
Successfully represented plaintiff in obtaining reversal of summary judgment in Oregon Court of Appeals and the Oregon Supreme Court. 211 Or. App. 573, 155 P.3d 99 (2007), affirmed at 346 Or. 238, 209 P.3d 800 (Or. 2009)
Breach of contract claim for national retailer
Obtained 9th Circuit affirmance of employee claims for breach of contract claim, intentional infliction of emotional distress, and invasion of privacy. (2008)
Cumbie v. Woody Woo
Filed brief on behalf of the Oregon Restaurant Association as amicus curiae in support of the defendants-appellees in this case of first impression in the 9th Circuit relating to the legality of tip pooling (where restaurant servers are required to pool tips and share a portion with non-servers). The plaintiff brought a putative class action alleging that the defendant restaurant’s tip-pooling arrangement violated minimum wage provisions of the Fair Labor Standards Act. The case went on appeal in 2008 following dismissal for failure to state a claim, and the 9th Circuit affirmed. (2008)
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. Court of Appeals held that employees have no cause for action for missed meal breaks. 213 Or. App. 343. Oregon Supreme Court affirmed and further held that employees have no cause of action for missed rest breaks. 344 Or. 525 (2008)
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)
Johnson v. HarperCollins Publishers, LLC
Obtained dismissal of right of publicity/misappropriation claims in federal district court and affirmance on appeal to the 9th Circuit. (9th Cir. 2007)
PGF Care Center, Inc. v. Wolfe
Obtained reversal in the Oregon Court of Appeals of grant of summary judgment on a claim for specific performance of a lease-option to purchase commercial real estate. 208 Or. App. 145, 144 P.3d 983 (Or. App. 2006)
Barker v. JPMorgan Chase Bank
Obtained dismissal with prejudice of Fair Debt Collection Practices Act, Truth in Lending, Real Estate Settlement Procedures Act, and other claims. 2016 WL 3647329 (D. Or. 2016)
Story v. Suttell, Hammer & White, P.S.
Obtained judgment on the pleadings, dismissing with prejudice Fair Debt Collection Practices Act claims. 2015 WL 7760190 (D. Or. 2015)
Food distributor representation
Defending food importer and distributor against claims in multiple jurisdictions arising from Salmonella outbreak. (Ongoing)
Roisland v. Flagstar Bank, FSB
Obtained dismissal on motion to dismiss (most claims with prejudice) of plaintiff’s claims challenging non-judicial foreclosure as wrongful. 989 F.Supp.2d 1095 (D. Or. 2013)
Higley v. Flagstar Bank, FSB
Obtained dismissal of plaintiff’s claims for declaratory and injunctive relief challenging non-judicial foreclosure as wrongful. 910 F.Supp.2d 1249 (D. Or. 2012)
Stork v. Northwest Trustee Services, Inc., et al
Obtained judgment on the pleadings dismissing with prejudice plaintiff’s claim challenging non-judicial foreclosures as wrongful. Also defeated the plaintiff’s motion to remand the case to state court. 2012 WL 464220 (D. Or. 2012)
Davis v. Flagstar Bank, FSB
Obtained dismissal on a motion to dismiss action for quiet title declaratory relief in response to a foreclosure action in case involving novel issues relating to interplay of action on one promissory note and foreclosure of another. 2011 WL 3471509 (D. Or. 2011)
Marshall and Associates v. Infor Global Solutions (Michigan)
Represented large software company in breach of contract dispute relating to product royalties and product maintenance fees. (2011)
Barinaga v. JPMorgan Chase & Co.
Defended lender in an action alleging fraud, breach of contract, breach of the duty of good faith and fair dealing, and unfair trade practices, based on denial of a permanent loan modification. Obtained dismissal of all but one limited claim. 749 F. Supp. 2d 1164, 2010 WL 4338326 (D. Or. 2010)
Berntsen v. Dollar Tree Stores
Summary judgment granted on eight claims of age, gender, and national origin employment discrimination. Jury verdict achieved for defendant on remaining claim for quid pro quo sexual harassment. (D. Or. 2007)
Advises newspaper client on public records matters, perform prepublication review of select articles, and provides general pre-publication advice (Ongoing)
TV station and news website representation for Meredith Corp. (KPTV)
Representation of television station and news website including pre-broadcast review and defense of defamation and privacy claims. (2011)
Defended newspaper client against claims for defamation, false light, breach of contract, fraud, and intentional infliction of emotional distress. Obtained settlement of less than one percent of the prayer for relief. (2010)
Defended newspaper client against claims for defamation and intentional interference with economic relations and obtained dismissal via an anti-SLAPP motion, including an award of attorney fees. (2009)
Doe v. TS
Successfully defended newspaper against subpoena under Oregon's media shield law. (2008)
Juvrud v. Meredith Corp.
Defended defamation claim brought against a television station arising out of a news broadcast. (2007)