Justice Lawyers | Personal Injury | Product Liability | Employment | Workers' Compensation

Yearly archive for 2014

Oregon Supreme Court Issues Landmark Consumer Safety Decision

In a landmark decision for consumer safety, the Oregon Supreme Court decided today that ski areas cannot escape responsibility for their own negligence when their wrongful conduct harms skiers.  Our client, eighteen year old Myles Bagley, was seriously injured while snowboarding over a jump at Mt. Bachelor. He filed an action and alleged that the jump was defective, but the ski area claimed that because he signed a release, they were not responsible for his injuries. The trial court upheld the release, as did the Court of Appeals. Relying on well established common law principles, in Bagley v. Mt. Bachelor, Inc., the Supreme Court held that the release was unconscionable and against public policy. The court stated, “It is axiomatic that public policy favors the deterrence of negligent conduct. * * * Skiers and snowboarders have important legal inducements to exercise reasonable care for […]

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Federal Judge Strikes Down Oregon Ban on Same Sex Marriage

May 19, 2014 — Today, U.S. District Court Judge Michael McShane ruled that Oregon’s exclusion of same-sex couples from marriage is unconstitutional—paving the way for couples to begin marrying immediately.  Jennifer Middleton (Johnson, Johnson & Schaller, PC), argued the ban was unconstitutional on behalf of two couples—Paul Rummell and Ben West, and Chris Tanner and Lisa Chickadonz—and Basic Rights Education Fund. For more information about the case, see http://www.aclu-or.org/RummellWest_v_Kitzhaber.

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Johnson Johnson & Schaller Welcomes New Attorney Meredith Holley

Johnson Johnson & Schaller, PC, is pleased to welcome our newest attorney, Meredith Holley, to our litigation team. Before joining us, Meredith clerked for Judge Ilisa Rooke-Ley and Judge Suzanne Chanti at Lane County Circuit Court. An Oregon native, Meredith graduated from the University of Oregon School of Law in 2012, where she was a Child Advocacy Project Fellow, Frohnmayer Scholar, Janssen Scholar, constitutional law tutor, and Executive Editor of the Oregon Law Review. Meredith is passionate about helping people live their best lives, including advocating for justice for survivors of discrimination, personal injury, medical negligence, and product defects. Outside of work, Meredith enjoys hiking; reading and critiquing trashy novels; and drinking Oregon wine, beer, and cider.

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Oso Landslide Under Investigation

Johnson Johnson & Schaller has teamed with Washington attorney Corrie Yackulic to represent families injured and killed in the OSO landslide in Washington. Dozens of people lost their lives, and families have been devastated, by the terrible mudslide in March. The Johnson Johnson & Schaller law firm also represented several families devastated when landslides killed 5 people and injured others in Douglas County in 1996. If you have information that you feel is pertinent, or if you have lost a family member in the Oso landslide, call us at 1-800-783-2434. We care, and we can help.

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Johnson Johnson & Schaller Welcomes Back Attorney Marilyn Heiken

Johnson Johnson & Schaller, PC is pleased to welcome attorney Marilyn Heiken back to our litigation team. Raised in southern Oregon, Marilyn is a 1992 graduate of the University of  Oregon School of Law. Marilyn has devoted her career to helping people obtain justice. She enjoys working with all kinds of people, and has a 20 year track record of success handling a variety of cases involving personal injury, medical negligence, automobile accidents, and products liability. Outside of work, Marilyn is a watercolor painter, metalsmith, and frequent hiker with her family and two dogs.

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Oral Argument on Oregon’s Gay Marriage Ban on April 23

On Wednesday, April 23, at 1:30, Judge Michael McShane will hear oral arguments in Rummell v. Kitzhaber. Jennifer Middleton of Johnson Johnson & Schaller will argue on behalf of the Plaintiffs that Oregon’s ban on same sex marriage is unconstitutional. For more information on this historic case, see http://www.oregonunitedformarriage.org/category/litigation/

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Actos Verdict: Jury Awards $9 Billion in Punitive Damages

  A jury ordered Takeda Pharmaceuticals to pay $6 billion in punitive damages and Eli Lilly to pay $3 billion in a case claiming that the companies concealed evidence that Actos caused bladder cancer. The jury also awarded $1.475 million to compensate the plaintiff and his wife for their injuries. The Johnson Johnson & Schaller law firm is currently handling Actos cases.  If you would like more information about your rights, please contact us at 541-484-2434. For the jury’s verdict form, click here. Jury Verdict Form

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Veteran Dies in the Course of VA Medical Treatment

Doug Schaller represents the Estate of Ray Velez in a claim against the Veterans Administration for negligent medical care. Raymond Velez went in to the Roseburg VA Medical Center last June for a routine hernia operation. He died late that night, after being transported 70 miles to Eugene by car. While each case is unique, Velez’s death shows the VA in Roseburg has “a systemic problem” regarding the quality of its follow-up care, Schaller said.  http://www.oregonlive.com/business/index.ssf/2014/04/one_high-profile_case_of_a_vet.html

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G.M. Ignition Defect Tied to 13 Deaths

A New York Times investigation into NHTSA practices has revealed a deadly defect in General Motors vehicles that G.M. has brushed aside for over a decade. The defect, which causes vehicles to suddenly turn off while being driven, has caused at least 13 deaths and many other injuries. G.M. has finally begun the process of recalling 1.6M cars that have this dangerous defect. Users of these vehicles have reported frightening scenes in which their cars have suddenly stalled at highway speeds, in heavy city traffic, or while crossing railroad tracks. A number of the complaints warned of catastrophic consequences if nothing was done, because the cars that stall can no longer correctly steer or brake, and their air bags may not function. G.M.’s failure to timely address these concerns is unfortunately not unique. We have represented many sensory-deprived people who have been severely burned […]

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2-28-14 Lane County Jury Returns Plaintiff’s Verdict in Bicycle/Car Crash Case

A Lane County jury returned a plaintiff’s verdict in a bicycle/car crash case, providing compensation to a young man struck in an intersection by a driver who was “timing the lights.” Attorney Scott Lucas argued to the jury that the driver was distracted and should have seen the cyclist, and that the cyclist was not at fault. The jury agreed with Scott, and awarded the plaintiff damages of $66,000.

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