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The Verdicttm THE VERDICTTM Flat Fee Billing Evolution of Oregon’s Stubblefield Rule Defending Mandatory Oregon Association Reporting Claims OADC of Defense Counsel Trial Lawyers Defending You in the Courts of Oregon Candor in Mediation 2013 • Issue 3 ORCP 69 Letters 2013 OADC Practice Group Leaders COMMERCIAL CONSTRUCTION COVERAGE EMPLOYMENT NEW LAWYERS Daniel Larsen, Chair Anne Cohen, Chair Lloyd Bernstein, Chair Allyson Krueger, Chair Ryan Boyle, Chair Ater Wynne LLP Smith Freed & Eberhard PC Gordon & Polscer Dunn Carney Schwabe Williamson 1331 NW Lovejoy St., #900 111 SW 5th Ave., #4300 9755 SW Barnes Rd., #650 851 SW 6th Ave., 1500 1211 SW 5th Ave., #1500 Portland, OR 97209 Portland, OR 97204 Portland, OR 97225 Portland, OR 97204 Portland, OR 97204 503/226-1191 503/227-2424 503/802-9153 503/417-5461 503/796-2879 503/226-0079 (fax) 503/227-2535 (fax) 503/242-1264 (fax) 503/224-7324 (fax) 503/796-2900 [email protected] [email protected] [email protected] [email protected] [email protected] Thomas Hutchison, Vice Chair Brian Church, Vice Chair Matthew Hedberg, Vice Chair Karen Vickers, Vice Chair Jamie Valentine, Vice Chair Bullivant Houser Bailey PC Davis Rothwell Earle & Xóchihua Bullivant Houser Bailey PC Mersereau & Shannon Keating Jones Hughes PC 888 SW 5th Ave., #300 111 SW 5th Ave., #2700 888 SW 5th Ave., #300 1 SW Columbia, #1600 1 SW Columbia, #800 Portland, OR 97204 Portland, OR 97204 Portland, OR 97204 Portland, OR 97224 Portland, OR 97258 503/228-6351 503/222-4422 503/228-6351 503/226-6400 503/222-9955 503/295-0915 (fax) 503/222-4428 (fax) 503/295-0915 (fax) 503/226-0383 (fax) 503/796-0699 (fax) [email protected] [email protected] [email protected] [email protected] [email protected] Alan Galloway, Publications Katie Smith, Publications Jillian Hinman, Publications Brenda Baumgart, Publications Blair McCrory, Publications Davis Wright Tremaine LLP Henrie & Smith LLP Thenell Law Group PC Stoel Rives LLP Dunn Carney 1300 SW Fifth Ave., #2300 1915 NW AmberGlen Pkwy 10260 SW Greenburg Rd., #400 900 SW 5th Ave. #2600 851 SW 6th Ave., #1500 Portland, OR 97201 Suite 400 Portland, OR 97223 Portland, OR 97204 Portland, OR 97204 503/241-2300 Beaverton, OR 97006 503/372-6450 503/224-3380 503/242-9610 503/778-5299 (fax) 503/593-8548 503/372-6496 (fax) 503/220-2480 (fax) 503/224-7324 (fax) [email protected] [email protected] [email protected] [email protected] [email protected] Jon Stride, Board Liaison Jeffrey D. Eberhard, Board Liaison Jay Beattie, Board Liaison Todd Hanchett, Board Liaison Vicki Smith, Board Liaison Tonkon Torp LLP Smith Freed & Eberhard PC Lindsay Hart Stoel Rives LLP Bodyfelt Mount 888 SW 5th Ave., #1600 111 SW 5th Ave., #4300 1300 SW 5th Ave., #3400 900 SW 5th Ave. #2600 707 SW Washington St., #1100 Portland, OR 97204 Portland, OR 97204 Portland, OR 97201 Portland, OR 97204 Portland, OR 97205 503/802-2034 503/227-2424 503/226-7677 503/294-9454 503/243-1022 503/972-3734 (fax) 503/227-2535 503/226-7697 (fax) 503/220-2480 (fax) 503/243-2019 (fax) [email protected] [email protected] [email protected] [email protected] [email protected] PRODUCT LIABILITY PROFESSIONAL LIABILITY TRANSPORTATION TRIAL PRACTICE George Pitcher, Chair Molly Marcum, Chair Eric Meyer, Chair Eric DeFreest, Chair Williams Kastner & Gibbs PLLC Keating Jones Hughes PC Zipse Elkins & Mitchell Luvaas Cobb 888 SW 5th Ave., #600 1 SW Columbia, #800 10200 SW Greenburg Rd., #700 777 High St. Portland, OR 97204 Portland, OR 97258 Portland, OR 97223 Eugene, OR 97401 503/944-6961 503/222-9955 503/245-3211 541/484-9292 503/222-7261 (fax) 503/796-0699 (fax) 503/245-3191 (fax) 541/343-1206 (fax) [email protected] [email protected] [email protected] [email protected] Jennifer Durham, Vice Chair Clark Horner, Vice Chair Kevin Crawford, Vice Chair Kelly Giampa, Vice Chair Hiefield Foster & Glascock LLP Hart Wagner LLP Law Office of Kevin Crawford PC Hart Wagner LLP 6915 SW Macadam Ave., #300 1000 SW Broadway, 20th Floor 1193 Liberty St. SE 1000 SW Broadway, 20th Floor Portland, OR 97219 Portland, OR 97205 Salem, OR 97302 Portland, OR 97205 503/501-5430 503/222-4499 503/540-8106 503/222-4499 503/501-5626 (fax) 503/222-2301 (fax) 503/365-0374 (fax) 503/222-2301 (fax) [email protected] [email protected] [email protected] [email protected] Nicholas Kampars, Publications Katie Eichner, Publications James Rich, Publications Grant Stockton, Publications Davis Wright Tremaine LLP Lindsay Hart Harris Wyatt & Amala LLC Brisbee & Stockton LLC 1300 SW Fifth Ave., #2400 1300 SW 5th Ave., #3400 5778 Commerical St. SE PO Box 567 Portland, OR 97201 Portland, OR 97201 Salem, OR 97306 Hillsboro, OR 97123 503/778-5364 503/226-7677 503/378-7744 503/648-6677 503/778-5299 (fax) 503/226-7697 (fax) 503/378-1013 (fax) 503/648-1091 (fax) [email protected] [email protected] [email protected] [email protected] Mary-Anne Rayburn, Board Louis Kurtz, Board Liaison John Bachofner, Board Liaison Michael Lehner, Board Liaison Liaison Kurtz Ford & Johnson LLP Jordan Ramis PC Lehner & Rodriques PC Martin Bischoff LLP 400 E 2nd Ave. 1498 SE Tech Center Pl. 1500 SW 1st Ave. 888 SW 5th Ave., #900 Suite 101 Suite 380 Suite 1150 Portland, OR 97204 Eugene, OR 97401 Vancouver, WA 98683 Portland, OR 97201 503/224-3113 503/484-1273 360/567-3900 503/226-2225 503/224-9471 (fax) 503/683-1815 (fax) 360/567-3901 (fax) 503/226-2418 (fax) [email protected] [email protected] [email protected] [email protected] OADC BOARD OF DIRECTORS OFFICERS MICHAEL (SAM) SANDMIRE President Ater Wynne LLP 1331 NW Lovejoy St., #900 Portland, OR 97209 503.226.1191 • 503.226.0079 (fax) [email protected] TM The Verdict DAN SCHANZ President Elect A quarterly publication of OADC Schanz Lawler PC 825 Liberty Street NE Salem, OR 97301 [email protected] GORDON WELBORN Secretary/Treasurer Hart Wagner LLP 439 SW Umatilla Ave. Redmond, OR 97756 541.548.6044 • 541.548.6034 (fax) F E A T U R E S [email protected] DIRECTORS ASSIGNING CLAIMS AGAINST AN INSURER: THE EVOLUTION JOHN BACHOFNER 4 Jordan Ramis PC OF THE STUBBLEFIELD RULE IN OREGON 1498 SE Tech Center Pl. #380 Vancouver, WA 98683 Thomas W. Purcell, Martin Bischoff Templeton Langslet & Hoffman LLP 360.567.3900 • 360.567.3901 (fax) [email protected] FLAT FEE BILLING: A FEASIBLE ALTERNATIVE? JAY BEATTIE 6 Lindsay Hart Katie Smith, Henrie & Smith LLP 1300 SW 5th Ave., #3400 Portland, OR 97201 503.226.7677 • 503.226.7697 (fax) TO REPORT OR NOT TO REPORT: UNDERSTANDING AND [email protected] 8 DEFENDING MANDATORY CHILD ABUSE REPORTING CLAIMS JEFFREY EBERHARD Smith Freed & Eberhard PC Jordan M. New, Zimmer Family Law LLC 111 SW 5th Ave., #4300 Portland, OR 97204 503.227.2424 • 503.227.2535 (fax) MEDIAtion – A LICENSE TO LIE? COMMENTS AND ANECDOTES [email protected] 10 ON CANDOR FROM OREGON MEDIATORS AND SETTLEMENT TODD HANCHETT Stoel Rives LLP JUDGES 900 SW 5th Ave., #2600 Portland, OR 97204 James Rich, Harris Wyatt & Amala LLC 503.294.9454 • 503.220.2480 (fax) [email protected] ORCP 69 LETTERS: PITFALLS OF STANDARD LANGUAGE LOUIS KURTZ 12 Kurtz Ford & Johnson LLP Gavin W. Bruce, Lindsay Hart LLP 400 E. 2nd Ave. #101 Portland, OR 97401 541.484.1273 • 541.683.1815 (fax) [email protected] MICHAEL LEHNER D E P A R T M E N T S Lehner & Rodrigues PC 1500 SW 1st Ave., #1150 Portland, OR 97201 503.226.2225 • 503.226.2418 (fax) [email protected] FROM THE PRESIDENT 2 MARY-ANNE RAYBURN Martin Bischoff LLP 888 SW 5th Ave., #900 Portland, OR 97204 503.224.3113 • 503.224.9471 (fax) RECENT CASE NOTES 16 [email protected] VICKI SMITH Bodyfelt Mount 707 SW Washington St., #1100 Portland, OR 97205 PETITIONS FOR REVIEW 23 503.243.1022 • 503.243.2019 (fax) [email protected] JON STRIDE Tonkon Torp LLP 888 SW 5th Ave., #1600 ASSOCIATION NEWS Portland, OR 97204 24 503.802.2034 • 503.972.3734 (fax) [email protected] ADMINISTRATIVE OFFICE ✔ PRACTICE TIPS 25 SANDRA FISHER, CAE 147 SE 102nd Portland, OR 97216 503.253.0527 • 503.253.9172 (fax) 800.461.6687 • [email protected] LEGISLATIVE UPDATE 28 ▼ P R E S I D E N T ’ S M E S S A G E BY M I C H A E L (S A M) S A N D M I R E OADC and DRI Happenings and Opportunities his year, the Annual Conven- (Greg Lusby, Dan Schanz, Mike Lehner, tion provided a forum for the and Sandra Fisher) as well as the past organization’s practice group Presidents who provided valuable input T leaders to gather with the and historical insight. Board to discuss the activities At this writing, we take a breather to of the practice groups, what’s working enjoy the summer before some important and what needs improvement, and what upcoming events this fall. For our newer the future holds in terms of activities attorneys, our Defense Practice Academy and direction of the practice groups and will be a “deposition boot camp” held OADC as a whole. At the same time, the on September 26. The faculty includes past Presidents of OADC met to discuss seasoned trial attorneys, judges, and the present state of the court reporters. In addition to general organization and ideas instruction, attendees will take and de- for the future. These fend depositions in a variety of different meetings provide im- case contexts based on provided written portant feedback to case file materials.
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