2008 News Archives
SIX HLGR ATTORNEYS NAMED IN 2008 SUPER LAWYERS® LIST
November 2008
We are proud to announce that Bill Gary, Sharon Rudnick, Glenn Klein, Susan Marmaduke, Frank Moscato and Jim Mountain have been selected as Super Lawyers® in Oregon Super Lawyers® magazine. The Super Lawyers® selection process is a combination of balloting, blue ribbon panel review and independent research.
LOOSLI V. CITY OF SALEM
October 2, 2008
The Oregon Supreme Court affirmed the Court of Appeals decision in Loosli v. City of Salem. The unanimous decision written by Justice Kistler held that the City owed no duty to protect the plaintiff's from economic losses caused by the negligence of a City planning official. The Court put to rest (in footnote 9) the argument that such a duty arises from the fact that the City charged a fee for providing the required DMV certification.
Tracking precisely the arguments made on the City's behalf by HLGR attorneys William F. Gary and Sharon Rudnick, the Court forcefully reiterated the "economic loss doctrine" which holds that one is not liable to a plaintiff for purely economic (as opposed to physical) injuries unless the defendant owes a special duty to the plaintiff in addition to the general duty to exercise reasonable care. Such a duty can arise from a statute or other law or from a special relationship between the parties. This opinion made clear that the requisite special relationship does not arise between a city and one of its citizens when the city is performing a regulatory function.
BEST LAWYERS® IN AMERICA
October 1, 2008
HLGR is pleased to announce that seven of our attorneys have been selected by their peers for inclusion in the 2009 edition of The Best Lawyers in America® in several categories. For over a quarter of a century, Best Lawyers® has been regarded, by both the profession and the public, as the definitive guide to legal excellence in the United States. Selection to Best Lawyers® is based on an exhaustive and rigorous peer-review survey comprising more than 2.5 million confidential evaluations by the top attorneys in the country.
Congratulations to the HLGR attorneys who have been selected by their peers for inclusion in Best Lawyers:
- Bill Gary: Administrative Law, Appellate Law, Commercial Litigation
- Glenn Klein: Administrative Law, Municipal Law
- Jerry Lidz: Municipal Law
- Sharon Rudnick: Appellate Law
- Susan Marmaduke: Appellate Law
- Frank Moscato: Professional Malpractice Law
- Jim Mountain: Appellate Law
LITIGATION EVENTS UPDATE
September 2008
Andrea Nagles won an important victory for the City of Eugene in its dispute with The Horsehead Tavern. The Horsehead Tavern garnered media attention when it appealed the City's imposition of civil penalties for violating the ordinance limiting smoking to designated outdoor smoking areas. Andrea persuaded the Lane County Circuit Court that the hearings official's decision affirming the City Planning Department's imposition of penalties was proper and that the administrative rule interpreting the ordinance was not unconstitutionally vague.
Bob Steringer and Jackie Wilkes obtained an important judicial “seal of approval’ for the Clackamas County Service District No. 1. Bob invoked ORS 33.710, an interesting and little-used statute authorizing a judicial determination of the validity of governmental actions. The Clackamas County Circuit Court validated the District’s action authorizing the issuance of up to $95 million in revenue obligations to finance improvements of the District’s sewage treatment system. Time was of the essence, and Jackie diligently worked with court staff to obtain an expedited hearing on the motion for summary judgment that was granted in favor of the District.
GO, RIHERD, AMBERG AND STERINGER PRESENT AT THE OREGON ACADEMY OF AUDIOLOGY FALL MEETING
September 2008
On September 29, 2008, HLGR presented the continuing education program for the Oregon Academy of Audiology's Fall 2008 Meeting. Working with OAA's leadership, HLGR developed a program that touched on legal issues of critical importance to audiologists and other professionals. Hwa Go, along with Assistant Attorney General Jeff Dover, spoke on professional licensing requirements and the disciplinary process. John Riherd discussed the complicated issues surrounding contracts with health care payors such as insurance companies. Mark Amberg presented on the employment law issues that affect every professional, either as employer or employee. Bob Steringer discussed liability issues for audiologists, focusing on professional negligence and specific statutes and administrative rules affecting the practice of audiology. HLGR's presenters enjoyed sharing information on legal issues affecting the meeting's participants and appreciated their positive feedback.
JIM MOUNTAIN INDUCTED INTO THE AMERICAN ACADEMY OF APPELLATE LAWYERS
September 2008
Jim Mountain, a shareholder in the Portland and Salem offices of Harrang Long Gary Rudnick P.C., was inducted into the American Academy of Appellate Lawyers at an Induction Ceremony held at The Benson Hotel during the 2008 AAAL Fall Meeting. The American Academy of Appellate Lawyers was founded in 1990 to recognize outstanding appellate lawyers and promote the improvement of appellate advocacy and the administration of the appellate courts. Membership in the Academy is by invitation only; with their current membership at 288 Fellows. Academy Fellows must have been in appellate practice for at least 15 years and only lawyers with a recognized reputation for the highest integrity and excellence in appellate work are invited to membership. Candidates for membership must be nominated by a present Academy member, reviewed and approved by a Membership Evaluation Committee, and elected at a regular Academy meeting. We are pleased to announce that Jim Mountain was approved unanimously for membership in the American Academy of Appellate Lawyers.
MEDICAL BILL WRITE-OFFS
"OADC amicus brief in Cohens v. McGee" - For many years, trial courts in Oregon have wrestled with the question of whether an injured plaintiff can collect damages for amounts that a health care provider initially charges for treatment, but which are written off as required by federal Medicare or Medicaid regulations or agreements with insurance companies. At least two cases pending before the Oregon Court of Appeals potentially present this issue for a decision. In one of those cases, Cohens v. McGee, HLGR shareholder Bob Steringer recently submitted an amicus brief on behalf of the Oregon Association of Defense Counsel arguing that plaintiffs should not be permitted to recover damages for medical expenses that they never owed.