Construction Defect LAw

• Water Penetration, Dry Rot & Mold
• Roofing Problems
• Balconies & Decks
• Window, Siding Installation
• Foundational & Structural Problems

My introduction to construction defect litigation occurred after I purchased my first home, a condominium, in Lake Oswego in 1998.  The condominiums had been recently converted from apartments.  The sellers failed to disclose that the condos were full of dry rot and mold and that the plumbing throughout the entire project had failed.  My “crash course” in construction defect law included working with the homeowners association and co-counsel to navigate through class action litigation to a $3,250,000.00 settlement. 

I subsequently represented other homeowners associations in similar suits, including the East End Commons Condominiums in Lake Oswego.  In that case, the HOA received a settlement of $300,000.00.   I also have represented many single family home owners with regard to a variety of construction defect claims, including water penetration, dry rot, mold, and landslides.  I have also represented construction contractors in a variety of different types of litigation. 

Consumer Law

• Unlawful Trade Practices
• Consumer Fraud
• Unlawful Debt Collection Practices
• Fair Credit Reporting Act Cases

Consumer law pertains to issues arising from retail transactions involving individuals and families.  Consumer protection statutes exist at both the state and federal level.  In many cases consumers are entitled to recover their costs, attorney’s fees, and statutory penalties in addition to their actual damages.  This makes many smaller claims economically viable. 

My first consumer law trial involved a client who purchased an exotic sports car over eBay from a North Carolina auto dealer.  The sports car, which was represented to be in “mint” condition, was severely damaged and was barely held together with bonding glue when it arrived in Oregon.  A jury awarded my client a full recovery.

Over the course of my career I have represented consumers in a wide variety of claims including consumer fraud, unfair trade practices, Fair Credit Reporting Act claims, unlawful debt collection practice claims, and adversary proceedings addressing creditors’ violations of bankruptcy stays and discharge orders. 

Bankruptcy Litigation

• Bankruptcy Stay & Discharge Violations

Upon filing a bankruptcy a consumer is entitled to a “fresh start”.   At the beginning of a bankruptcy the court issues a “stay” which generally prohibits debt collection while the bankruptcy is pending.   At the conclusion of a successful bankruptcy the petitioner receives a bankruptcy “discharge” which prohibits collection of debts discharged by the bankruptcy.  Both the bankruptcy stay and the bankruptcy discharge are court orders and are binding upon creditors.  Creditors that violate these orders do so at their own peril.  They may be liable for actual and statutory damages and may be held in contempt of court.

Real Estate Disputes

• Title & Boundary Disputes
• Liens
• Trespass Claims & Foreclosures
• Lease Disputes
• Adverse Possession Claims
• Residential & Commercial Evictions

I have represented both plaintiffs and defendants in many real estate disputes and claims, trespass claims, foreclosures, lease disputes, and commercial and residential evictions.

One of the cases that I worked on was Carey v. Lincoln Loan with co-counsel John M. Berman.  The Carey family purchased their first home from Lincoln Loan on a real estate sales contract.  It was in deteriorated condition and was uninhabitable before they moved in.  The Carey family fixed it up with great effort and hard work.  After the property was rehabilitated and it appreciated in value, they attempted to sell it.  

Lincoln Loan prevented the sale and contended that the Careys could neither sell the property nor pay off the sales contract without its consent.  The case began in 1996 and was finally concluded in 2008.  The Oregon Supreme Court held that the contract was unconscionable and unenforceable. Carey v. Lincoln Loan, 157 P.3d 775, 342 OR 530 (2007) 

Personal Injury

• Motor Vehicle Injuries
• Assault & Battery
• Invasion of Privacy
• Defamation
• Infliction of Emotional Distress
• Abuse of Process

I have successfully represented clients in many different types of personal injury claims, including assault and battery, intentional infliction of emotional distress, defamation, abuse of process, wrongful use of civil procedure, and invasion of privacy. 

By far the most common type of personal injury cases are those resulting from motor vehicle collisions. I recently was able to obtain policy limits settlements of $100,000.00, $100,000.00, and $50,000.00 in three separate cases.  In each case the defendants lacked additional resources or insurance, so the policy limits recoveries were the best result that could be obtained.

In 2010 I was retained as insurance defense counsel with attorney J. Rion Bourgeois in a major claim involving an automobile and backhoe collision.  The Plaintiff sought $800,000.00 in economic and noneconomic damages.  We obtained a defense verdict for our client. 

Business Litigation

• Breach of Contract
• Commercial Fraud
• Intellectual Property Infringement
• Unfair Competition
• Interference with Business Relations
• Breach of Fiduciary Duty

Business litigation is a broad term that includes a variety of contractual and tort claims.  Examples of business claims include breach of contract, fraud, tortuous interference with contract, breach of fiduciary duty, infringement of intellectual property rights, and unfair competition.

In 2011, I helped a talented business executive recover $180,000.00 in bonuses that were wrongfully withheld from him based on altered documents and incorrect corporate tax returns.  In 2010, I helped an investor of antique firearms recover $220,000.00 in damages for firearms that did not have the qualities and characteristics that were represented by the seller.  

I have successfully represented clients with claims involving breach of contract, intentional interference with business relations, breach of fiduciary duty, and fraud.  I also regularly advise small and mid-sized business in litigation matters.

Unlawful Debt Collection

I stumbled into my first Unlawful Debt Collection Practices case in 1997 when one of my clients received a debt collection call at work through his employer’s cell phone.  The debt collector threatened to garnish his wages “by the end of the day” even though there was no judgment and he didn’t owe the debt.  When I called the debt collector to have him “back off” he made threats to me as well.  The collector subsequently mailed my client written threats that it would take his property, causing him and his family great distress. 

This motivated me to spend the necessary time to learn everything I could about The Fair Debt Collection Practices Act,15 USC §§ 1692 et seq, and Oregon’s Unlawful Debt Collection Practices Act, ORS 646.639 et seq.  The U.S. District Court eventually granted my client’s motion for summary judgment and held that the debt collector’s representations both to my client and to me violated The Fair Debt Collection Practices Act and Oregon’s Unlawful Debt Collections Practices Act.  Van Westrienen v. Americontinental Collection, 94 F Supp 2d 1087 (2000). 

The case subsequently settled for more than $30,000.00.  Since then I have filed many successful unlawful debt collection practices claims on behalf of consumers.  I practice commercial debt collection and I have no qualms about debt collection when it is done properly.  Good debt collectors can effectively do their jobs without violating consumer protection statutes.  Debt collectors that unlawfully harass or abuse debtors should be held legally accountable for their conduct.