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Amendment to ORCP 36 Coverage for Defective Workmanship Requests for Production School Districts and Social Media Court of Appeals Candidates

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Amendment to ORCP 36 Coverage for Defective Workmanship Requests for Production School Districts and Social Media Court of Appeals Candidates THE VERDICT Amendment to ORCP 36 Coverage for Defective Workmanship Requests for Production School Districts and Social Media Court of Appeals Candidates Oregon Association OADC of Defense Counsel Trial Lawyers Defending You in the Courts of Oregon Summer 2012 2012 OADC Practice Group Leaders CoMMERCIAL CoNStRUCtIoN CoVERAGE EMPLoYMENt NEW LAWYERS Daniel Larsen, Chair Nicholas Baldwin-Sayre, Chair Robert Sabido, Chair todd Hanchett, Chair Ryan Boyle, Chair Ater Wynne LLP Cosgrave Vergeer Kester LLP Cosgrave Vergeer Kester LLP Stoel Rives LLP Schwabe Williamson 1331 NW Lovejoy St., #900 805 SW Broadway, #800 805 SW Broadway, #800 900 SW 5th Ave. #2600 1211 SW 5th Ave., #1500 Portland, OR 97209 Portland, OR 97205 Portland, OR 97205 Portland, OR 97204 Portland, OR 97204 503/226-1191 503/323-9000 503/323-9000 503/294-9454 503/796-2879 503/226-0079 (fax) 503/323-9019 (fax) 503/323-9019 (fax) 503/220-2480 (fax) 503/796-2900 [email protected] [email protected] [email protected] [email protected] [email protected] thomas Hutchison, Vice Chair Anne Cohen, Vice Chair Lloyd Bernstein, Vice Chair Allyson Krueger, Vice Chair Jamie Valentine, Vice Chair Bullivant Houser Bailey PC Smith Freed & Eberhard PC Gordon & Polscer Dunn Carney Keating Jones Hughes PC 888 SW 5th Ave., #300 111 SW 5th Ave., #4300 9755 SW Barnes Rd., #650 851 SW 6th Ave., 1500 1 SW Columbia, #800 Portland, OR 97204 Portland, OR 97204 Portland, OR 97225 Portland, OR 97204 Portland, OR 97258 503/228-6351 503/227-2424 503/802-9153 503/417-5461 503/222-9955 503/295-0915 (fax) 503/227-2535 (fax) 503/242-1264 (fax) 503/224.7324 (fax) 503/796-0699 (fax) [email protected] [email protected] [email protected] [email protected] [email protected] Alan Galloway, Publications Brian Church, Publications Elizabeth Knight, Publications Karen Vickers, Publications Blair McCrory, Publications Davis Wright Tremaine LLP Davis Rothwell Earle & Xóchihua Dunn Carney Mersereau & Shannon Dunn Carney 1300 SW Fifth Ave., #2300 111 SW 5th Ave., #2700 851 SW 6th Ave., #1500 1 SW Columbia, #1600 851 SW 6th Ave., #1500 Portland, OR 97201 Portland, OR 97204 Portland, OR 97204 Portland, OR 97224 Portland, OR 97204 503/241-2300 503/222.4422 503/224-6440 503/226-6400 503/242-9610 503/778-5299 (fax) 503/222.4428 (fax) 503/224-7324 (fax) 503/226-0383 (fax) [email protected] [email protected] [email protected] [email protected] [email protected] Jon Stride, Board Liaison David Auxier, Board Liaison Jay Beattie, Board Liaison Jeffrey Eberhard, Board Liaison Molly Jo Mullen, Board Liaison Tonkon Torp LLP Yturri Rose LLP Lindsay Hart Smith Freed & Eberhard PC Bodyfelt Mount 888 SW 5th Ave., #1600 PO Box “S” 1300 SW 5th Ave., #3400 111 SW 5th Ave., #4300 707 SW Washington St., #1100 Portland, OR 97204 Ontario, OR 97914 Portland, OR 97201 Portland, OR 97204 Portland, OR 97205 503/802-2034 541/889-5368 503/226-7677 503/227-2424 503/243-1022 503/972-3734 (fax) 541/889-2432 (fax) 503/226-7697 (fax) 503/227-2535 (fax) 503/243-2019 (fax) [email protected] [email protected] [email protected] [email protected] [email protected] PRoDUCt LIABILItY PRofESSIoNAL LIABILItY tRANSPoRtAtIoN tRIAL PRACtICE Joshua DeCristo, Chair Jonathan Bauer, Chair Eric Meyer, Chair Eric Defreest, Chair Schwabe Williamson Parks Bauer Zipse Elkins & Mitchell Luvaas Cobb 1211 SW 5th Ave., #1500 570 Liberty St. SE #200 10200 SW Greenburg Rd., #700 777 High St. Portland, OR 97204 Salem, OR 97301 Portland, OR 97223 Eugene, OR 97401 503/796-2451 503/371-3502 503/245-3211 541/484-9292 503/796-2900 (fax) 503/371-0429 (fax) 503/245-3191 (fax) 541/343-1206 (fax) [email protected] [email protected] [email protected] [email protected] Jennifer Durham, Vice Chair Molly Marcum, Vice Chair Kevin Crawford, Vice Chair Kelly Giampa, Vice Chair Hiefield Foster & Glascock LLP Keating Jones Hughes PC Law Office of Kevin Crawford PC Hart Wagner LLP 6915 SW Macadam Ave., #300 1 SW Columbia, #800 1193 Liberty St. SE 1000 SW Broadway, 20th Floor Portland, OR 97219 Portland, OR 97258 Salem, OR 97302 Portland, OR 97205 503/501-5430 503/222-9955 503/540-8106 503/222-4499 503/501-5626 (fax) 503/796-0699 (fax) 503/365-0374 (fax) 503/222-2301 (fax) [email protected] [email protected] [email protected] [email protected] George Pitcher, Publications Clark Horner, Publications Matthew Ukishima, Publications Grant Stockton, Publications Williams Kastner & Gibbs PLLC Hart Wagner LLP Smith Freed & Eberhard PC Brisbee & Stockton LLC 888 SW 5th Ave., #600 1000 SW Broadway, 20th Floor 111 SW 5th Ave., #4300 PO Box 567 Portland, OR 97204 Portland, OR 97205 Portland, OR 97204 Hillsboro, OR 97123 503/944-6961 503/222-4499 503/227-2424 503/648-6677 503/222-72261 (fax) 503/222-2301 (fax) 503/227-2535 (fax) 503/648-1091 (fax) [email protected] [email protected] [email protected] [email protected] Mary-Anne Rayburn, Board Gordon L. Welborn, Board Liaison John Bachofner, Board Liaison Michael Lehner, Board Liaison Liaison Hart Wagner LLP Jordan Ramis PC Lehner & Rodriques PC Martin Bischoff LLP 439 SW Umatilla Ave. 1498 SE Tech Center Pl. #380 1500 SW 1st Ave., #1150 888 SW 5th Ave., #900 Redmond, OR 97756 Vancouver, WA 98683 Portland, OR 97201 Portland, OR 97204 541/548-6044 360/567-3900 503/226-2225 503/224-3113 541/548-6034 (fax) 360/567-3901 (fax) 503/226-2418 (fax) 503/224-9471 (fax) [email protected] [email protected] [email protected] [email protected] OADC Summer Convention, June 2012 OADC BOARD OF DIRECTORS Photo courtesy of Steve Rickles of the Rickles Law Firm PC OFFICERS GREG LUSBY President Arnold Gallagher PO Box 1758 Eugene, OR 97440 541.484.0188 • 541.484.0536 (fax) [email protected] The Verdict MICHAEL (SAM) SANDMIRE President Elect A quarterly publication of OADC Ater Wynne LLP 1331 NW Lovejoy St., #900 Portland, OR 97209 503.226.1191 • 503.226.0079 (fax) [email protected] DAN SCHANZ Secretary/Treasurer Spooner & Much PC 530 Center St., NE, #722 F E A T U R E S Salem, OR 97301 503.378.7777 • 503.588.5899 (fax) NO “ACCIDENT”? IMPlications OF THE AMENDMENT [email protected] 4 to ORCP 36 DIRECTORS Laura Althouse and Rick Lee, Bodyfelt Mount LLP DAVID AUXIER Yturri Rose LLP PO Box “S” coverage ANAlySIS FOR DEFECTIVE workMANSHIP Ontario, OR 97914 6 541.889.5368 • 541.889.2432 (fax) Matt Hedberg, Bullivant Houser Bailey PC [email protected] JoHN BACHofNER uSING A REquEST FOR ProduCTION to WIN YouR Jordan Ramis PC 9 1498 SE Tech Center Pl. #380 Vancouver, WA 98683 CASE 360.567.3900 • 360.567.3901 (fax) Janet M. Schroer, Hart Wagner LLP and Ralph C. Spooner, Spooner & Much PC [email protected] Jay BEAttIE TINkER-TAIlORED STuDENT SPEECH Lindsay Hart 12 1300 SW 5th Ave., #3400 Portland, OR 97201 Dennis G. Woods and Josh S. Baker, Scheer & Zehnder LLP 503.226.7677 • 503.226.7697 (fax) [email protected] OREGON COurt OF APPEAlS candidates: EGAN AND JEffREY EBERHARD 14 Smith Freed & Eberhard PC volpert 111 SW 5th Ave., #4300 Portland, OR 97204 Dan Lindahl, Lindahl Law Firm PC 503.227.2424 • 503.227.2535 (fax) [email protected] Alan Galloway, Davis Wright Tremaine LLP MICHAEL LEHNER Lehner & Rodrigues PC 1500 SW 1st Ave., #1150 Portland, OR 97201 D E P A R T M E N T S 503.226.2225 • 503.226.2418 (fax) [email protected] MoLLY Jo MULLEN FROM THE PRESIDENT 2 Bodyfelt Mount 707 SW Washington St., #1100 Portland, OR 97205 503.243.1022 • 503.243.2019 (fax) RECENT CASE NOTES 18 [email protected] mary-ANNE rayburn Martin Bischoff LLP COuNCIl ON COurt ProceduRES Update 23 888 SW 5th Ave., #900 Portland, OR 97204 503.224.3113 • 503.224.9471 (fax) [email protected] PENDING PETITIONS FOR REVIEW 24 JoN StRIDE Tonkon Torp LLP 888 SW 5th Ave., #1600 ASSOCIATION NEWS Portland, OR 97204 25 503.802.2034 • 503.972.3734 (fax) [email protected] GoRDoN WELBoRN ✔ PRACTICE TIPS 26 Hart Wagner LLP 439 SW Umatilla Ave. Redmond, OR 97756 541.548.6044 • 541.548.6034 (fax) [email protected] lEGISlATIVE uPDATE 28 ADMINISTRATIVE OFFICE SANDRA fISHER, CAE 147 SE 102nd AMICuS Update 29 Portland, OR 97216 503.253.0527 • 503.253.9172 (fax) 800.461.6687 • [email protected] ▼ p r e s i d e n t ’ s m e s s a g e By g r e g l u s B y The OADC Ripcord and the Obscenity Test “Jumping out of a perfectly good airplane is not a natural act.” — Gunnery Sgt. Tom “Gunny” Highway in ”Heartbreak Ridge” he idea of leaving something definition for OADC membership. We have members doing commercial litigation behind that works is usually had concerns expressed over the content of has increased, it is no longer as simple as counterintuitive. Walking some members’ websites that appear to be looking at what side of the “v.” a lawyer T away from the beneficial or designed to market primarily for plaintiff most likely represents clients. For a com- helpful can defy common cases. Also, the OADC Listserv has been mercial litigator, the difference between sense. After all, if you get benefit and a source of concerns when members are representing a plaintiff or a defendant value there generally isn’t much reason to surprised to see an attorney they believed is often determined simply by who gets leave it behind. However, there are times to be primarily doing plaintiff work posting to the courthouse first.
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