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Admitted to Practice

  • Oregon, 1981
  • U.S. Supreme Court
  • U.S. Court of Appeals 9th Circuit
  • U.S. District Court District of Oregon
  • U.S. Court of Appeals Federal Circuit

Timothy Volpert

VolpertTimothy
Partner
Chair, Portland Appellate Group
T503.778.5205
F503.778.5299
M503.703.9054

Tim Volpert's practice focuses on appellate and complex litigation in state and federal courts, including tort, constitutional, commercial, education, employment, and telecommunications law. He has handled over 100 cases in appellate courts. In one such case, Vernonia School District 47J v. Acton, Tim argued successfully before the U.S. Supreme Court in a landmark case holding that drug testing of public school athletes does not violate the Fourth Amendment. Tim is recognized as one of America’s best lawyers in appellate law and commercial litigation.

Representative Experience

City of Eugene v. Comcast

Represent Comcast, as both trial and appellate attorney (case pending before the Oregon Court of Appeals), in litigation concerning taxation of revenues derived from Internet access and raising issues of first impression under federal telecommunications law and the Internet Tax Freedom Act.

Babson v. State

Represent anti-war protestors, as both trial and appellate attorney, prosecuted for conducting overnight vigil on steps of Oregon State Capitol Building. The case, presently pending before the Oregon Supreme Court, involves the free expression and assembly provisions of the Oregon Constitution as well as the First Amendment to the United States Constitution. Watch the Oregon Supreme Court argument. (Ongoing)

Doe v. Lake Oswego School District

Represented Oregon school district in action alleging child abuse by elementary school teacher. (2011)

Harari v. Hollmer

Successfully represented appellant in patent interference matter before Federal Circuit. (Fed. Cir. 2010)

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. 344 Or. 525, 185 P3d 446 (Or. 2008)

Net MoneyIN, Inc. v. VeriSign, Inc., et al.

Successfully represented appellant in U.S. Court of Appeals for the Federal Circuit in a case for infringement of a patent generally directed to systems for processing credit card transactions over a distributed computer system, particularly the Internet. (Fed. Cir. 2008)

Tahvili v. Washington Mutual Bank

Successfully represented bank in upholding judgment on appeal involving revocation of attorney's pro hac vice certification during trial. A128324 and A127302 (Or. App. 2008)

Kramer v. Tosco, et al. (U.S. Court of Appeals for the 9th Circuit)

Successfully represented employer in upholding judgment arising out of jury trial in Americans with Disabilities Act claim. (9th Cir. 2007)

Schnitzer Investment Corp. v. Certain Underwriters at Lloyd's of London

Successfully represented insurer in Oregon Supreme Court regarding insurance coverage for environmental clean-up costs. S52422 (Or. 2006)

Gieg v. DDR, Inc. / Chaloupka, et al. v. SLT/TAG, Inc., fka Thomason Auto Group, Inc. and Asbury Automotive, LLC

In a matter of first impression in the Ninth Circuit, successfully represented several automobile dealerships in establishing that their finance and insurance managers are exempt from overtime pursuant to the Fair Labor Standards Act. 407 F.3d 1038 (9th Cir. 2005)

In re Computerized Thermal Imaging, Inc.

Successfully represented client in upholding dismissal of securities fraud claims based on failure to meet pleading requirements of the Private Securities Litigation Reform Act. 104 F. App'x 655 (9th Cir. 2004)

Verizon Northwest Inc. v. Electric Lightwave, Inc.

Successfully represented competitive local exchange carrier (at both trial and appellate levels) in establishing that arbitrated interconnection agreement and the Telecommunications Act of 1996 allowed inclusion of Internet service provider-bound traffic in reciprocal compensation. 63 F. App'x 293 (9th Cir. 2003)

Weber v. Oakridge School District 76

Successfully represented school district (both trial and appellate courts) in a state court challenge alleging that the district's policy of random drug testing of student athletes violates the Oregon constitution. Or. App. 415, 56 P.3d 504 (Or. App. 2002)

Vernonia School District 47J v. Acton

Successfully represented school district, arguing before the U.S. Supreme Court, and achieving reversal of the 9th Circuit's decision that the school district's policy of random drug testing of student athletes violated the Fourth Amendment. This case stands as a landmark decision establishing the constitutionality of random drug testing of student athletes under the United States constitution. Listen to the U.S. Supreme Court argument.  515 U.S. 646 (U.S. 1995)

Professional & Community Activities

  • President, Multnomah Bar Foundation, current
  • Statewide candidate for election to the Oregon Court of Appeals, primary and general election, 2012. Endorsed by every major statewide daily newspaper as well as Governor Barbara Roberts, Congressman Earl Blumenauer and Congresswoman Susanne Bonamici.
  • Participating attorney, American Civil Liberties Union of Oregon, 2009-present
  • Oregon Rules of Appellate Procedure Committee, Supreme Court of Oregon, 1999-2006
  • Executive Committee, Appellate Section, Oregon State Bar, 1999-2001
  • Attorney Coach, "We the People: The Citizen and the Constitution" Program, Grant High School, Portland, Or., 2000-present
  • First Amendment Lawyers' Association
  • Board of Directors, Classroom Law Project, 1994-present
  • Guest lecturer, United States Supreme Court practice, sports law and legal research and writing courses, Lewis & Clark Law School, Portland, Ore., 2000-present
  • U.S. District Court of Oregon Historical Society

Professional Recognition

  • Designated by the Oregon State Bar Board of Governors as "highly qualified" to serve on the Oregon Court of Appeals
  • Named as one of "America's Leading Lawyers for Business" in Litigation: General Commercial (Oregon) by Chambers USA, 2009-2011
  • Selected to "Oregon Super Lawyers," Thomson Reuters, 2006-2014
  • Named one of the "Best Lawyers in America" in Appellate Law by Best Lawyers, 2010-present
  • President’s Public Service Award, Oregon State Bar, 2004
  • Senior Law Project, Award for Outstanding Service, 1985