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2011 Annual Convention Sunriver, Oregon June 23-26

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2011 Annual Convention Sunriver, Oregon June 23-26 THE VERDICT 2011 Annual Convention Oregon Association Sunriver, Oregon OADC of Defense Counsel Trial Lawyers Defending You in the Courts of Oregon June 23-26 Spring 2011 OADC Summer Convention, June 23 to 26, 2011. OADC BOARD OF DIRECTORS See page 20. OFFICERS JEANNE LOFTIS President Bullivant Houser Bailey PC 888 SW 5th Ave., #300 Portland, OR 97204 503.499.4601 • 503.295.0915 (fax) The Verdict [email protected] A quarterly publication of OADC GREG LUSBY President Elect Arnold Gallagher Cover photo courtesy Sunriver Resort PO Box 1758 Eugene, OR 97440 541.484.0188 • 541.484.0536 (fax) [email protected] MICHAEL (SAM) SANDMIRE Secretary/Treasurer Ater Wynne LLP 1331 NW Lovejoy St., #900 F E A T U R E S Portland, OR 97209 503.226.1191 • 503.226.0079 (fax) [email protected] 4 Litigating FINAL Wage CLAIMS: THE GOOD, THE DIRECTORS BAD, AND THE UNExPECTED DAVID AUXIER Yturri Rose LLP Anne E. Denecke and J. Kent Pearson, Jr. PO Box “S” Ontario, OR 97914 541.889.5368 • 541.889.2432 (fax) [email protected] 6 IS YOUR Affirmative DEFENSE Plausible? Jay Beattie Shemia Fagan Lindsay Hart 1300 SW 5th Ave., #3400 Portland, OR 97201 503.226.7677 • 503.226.7697 (fax) Practical TIPS FOR ExCELLING at Court-ANNExED [email protected] Arbitration, STRAIGHT from THE Arbitrators JEFFREY EBERHARD 8 Smith Freed & Eberhard PC 111 SW 5th Avenue, #4300 Jennifer Durham with Kent Whitaker, Paul Xóchihua, Judge Douglas Portland, OR 97204 503.227.2424 • 503.227.2535 (fax) Beckman, and Jim Hutchinson [email protected] MICHAEL LEHNER Lehner & Rodrigues PC 10 OREGON WELCOMES NEW AND FAMILIAR Faces to ITS 1500 SW 1st Ave., #1150 Portland, OR 97201 Appellate Courts 503.226.2225 • 503.226.2418 (fax) [email protected] Hillary A. Taylor HEIDI MANDT Law Offices of Kenneth R. Scearce 4000 Kruse Way Place Bldg 1, Ste. 135 Lake Oswego, OR 97035 503.534.4401 • 503.534.4409 (fax) [email protected] D E P A R T M E N T S MOLLY JO MULLEN Bodyfelt Mount 707 SW Washington St., #1100 Portland, OR 97205 503.243.1022 • 503.243.2019 (fax) FROM THE PRESIDENT 2 [email protected] DAN SCHANZ Spooner & Much PC 530 Center St., NE, #722 RECENT CASE NOTES 12 Salem, OR 97301 503.378.7777 • 503.588.5899 (fax) [email protected] GORDON WELBORN PENDING PETITIONS FOR REVIEW Hoffman Hart & Wagner LLP 19 439 SW Umatilla Ave. Redmond, OR 97756 541.548.6044 • 541.548.6034 (fax) [email protected] ✔ PRACTICE TIPS 24 ADMINISTRATIVE OFFICE SANDRA FISHER, CAE 147 SE 102nd LEGISLATIVE UPDATE Portland, OR 97216 27 503.253.0527 • 503.253.9172 (fax) 800.461.6687 [email protected] ASSOCIATION NEWS 29 ▼ p r e s i d e n t ’ s m e s s a g e b y j e a n n e l o f t i s The Power of Pride We all have pivotal mo- to succeed. The pride we feel for those nate I was to have the opportunity to ments in our lives that help who triumph hits us in the gut and in learn from a legal giant. With this sense shape our future actions. the heart. It is not often enough that of pride in my mentor and the examples W With seconds left in a we can experience this sort of heartfelt of professionalism that he displayed, I fifth-grade CYO basketball rush of pride in our legal profession, but knew as a young attorney that I would game, my oldest son scored the opportunities for pride, to be proud, want to retire someday, like Ron did, as a two-point basket, tying up one of the are all around us. You really don’t have a person worthy of admiration by those end-of-season tournament games. He far to look. with whom I work. also picked up a shoot- I sent the recent Portland Business Over the years, my firm has faced ing foul as he made Journal article about Doug Houser cel- personal and professional challenges. the shot. I won’t soon ebrating 50 years’ of practice at Bullivant A devastating challenge occurred on forget watching him Houser Bailey to my parents, and their January 2, 1997, when a 38-year-old stand at the free throw response likely sums it up best: “You partner was killed in a crash involving line with a team and are fortunate to be associated with such a small Cessna plane. The plane was at- crowd of parents anx- a good firm.” Fortunate indeed. It has tempting to bring five passengers out of iously waiting for him been 20 years since I began working at McCall—which was experiencing severe Bullivant Houser Bailey, and the firm flooding—into Boise for a return trip to Jeanne Loftis to shoot. I was so proud of him. My pride was has certainly gone through significant Portland. The plane was missing for sev- primarily tied to his confidence as he changes in that time. Shortly after I be- eral days before it was located on the side stood at the line, dribbling the ball a gan work, the supervising partner who of Cuddy Mountain, where it had crashed couple of times before making the shot. hired me left the firm. She took with in a snowstorm. I have many memories He didn’t seem concerned about fail- her just a few people short of an entire of this fine partner, who was intelligent, ing—but was wholly consumed in the department. It was a difficult year for witty, and just a heck of a lot of fun. I act of succeeding. I’ve seen that same the firm, with the exodus of a key depart- also realized through this devastating calm confidence when he stands at the ment, and for me personally in finding a loss that my firm was a family, not just a plate ready to swing or right before the fit when the work I was doing and the business. We were asked to and did say ball snaps and he carries out a team’s of- person who hired me were both gone. I prayers for Jeremy when he was missing. fensive or defensive play. Believe me, all was eventually assigned to Ron Bailey. It We attended his funeral and supported of these events have not ended in buzzer- did not take me long to figure out that his wife and two children. As I sat in beater wins, but I’ve found through the Ron had a terrific sense of humor and a the back of the church with virtually years that my pride is not impacted by dedication to his profession unmatched everyone from our firm overcrowding the results but is rather directly related by anyone I had previously or since met. the pews, I felt a tremendous amount of to the manner in which he accepts and Before retirement, Ron was a world-class pride to be associated with so many car- tackles challenges. trial attorney who approached each de- ing people who supported each other in a There is something pure and noble in velopment in a case with the utmost in time of crisis. It was pride of camaraderie succeeding in the face of adversity. Who professionalism. I worked side-by-side and pride of compassion that confirmed has not teared up when learning of seri- with Ron Bailey for almost 15 years, and to me that I had found the firm I would ous obstacles individuals have overcome I knew then and know now how fortu- retire from. Continued on next page 2 The VerdicT ■ Spring 2011 ▼ PRESIDENT’S MESSAGE continued from page 2 When I received the diagnostic news and accomplished my dream in a rain- to the legal community, inviting board that my fourth child had down syndrome storm on October 10, 2010. If running a members of OADC and OTLA to attend and was still in the early stages of figur- marathon is one of your bucket-list items, work sessions with him and members of ing out the impact this would have on I urge you to go for it. For me, it was a the Oregon bar to consider proposals for my family and marriage, I mentioned the powerful source of pride, not only in the changes to the administrative system of news to one of my partners. His immedi- end accomplishment but in the training the court. Recently, Judge Brewer asked ate response was “Congratulations—this along the way. Okay, so I’ll admit, you the OADC board and its clients to support is terrific news.” He had a dear friend can’t expect to get your fill of pride from SB 388, legislation that would provide who had a child with down syndrome the legal profession, but completing a an additional three-judge panel to the and knew the depth of love that any marathon has made me a better attorney. Oregon Court of Appeals. I am proud child brings to a family and perhaps even There are many points of pride in to be a member of an association that is more so with a child with special needs. my association with OADC. Several years respected by the judiciary and sought out My partner’s immediate enthusiasm and ago, during a particularly painful round to help when critical issues arise. acceptance was the support I needed of budget cuts involving the Oregon In closing, it really isn’t difficult to during a difficult time. Judiciary, Greg Lusby, Bob Barton, Mark find pride in the legal profession.
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