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Melissa D Wischerath

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Avvo Rating10
  • Buffalo, NY
  • Licensed for 9 years
  • Free consultation
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About Melissa

Melissa Wischerath  is an experienced trial attorney having obtained multiple federal and state jury trial verdicts and settlements on behalf of her clients.  She maintains an active practice and litigates civil matters in state and federal courts across New York and Oregon. Melissa offers free confidential consultations. 

Languages spoken

English

Photos and videos

4420697 1395872651

Contact

Lipsitz Green Schime Cambria

42 Delaware Ave
Suite 120
Buffalo, NY, 14202

      Resume

      License
      StateStatusAcquiredUpdated
      ORActive201311/15/2021
      NYCurrently registered 201209/11/2021
      We have not found any instances of professional misconduct for this lawyer.
      Avvo Contributions
      Legal answers2
      Legal guides0
      Awards
      Award nameGrantorDate granted
      Ones to WatchBest Lawyers in America2021
      Rising StarSuperLawyers2020
      Rising StarSuperLawyers2019
      Rising StarSuperLawyers2018
      Lawyer of DistinctionLawyers of Distinction2018
      Lawyer of DistinctionLawyers of Distinction2017
      Distinguished LawyerExpert Network2017
      James M. Burns Federal Practice AwardFederal Bar Association, Oregon chapter2016
      2015 Pro Bono Honor RollOregon State Bar, New Lawyers Division2015
      2014 Pro Bono Honor RollOregon State Bar2014
      2013 Pro Bono Honor RollOregon State Bar, New Lawyers Division2013
      Work Experience
      TitleCompany nameDuration
      Volunteer AttorneyVolunteer Lawyer's Project2012 - 2013
      Law ClerkLipsitz Green Scime Cambria2009 - 2010
      Legal AssistantUrban Homesteading Assistance Board2005 - 2008
      Associations
      Association namePosition nameDuration
      The U.S. District Court of Oregon Historical SocietyMember2016 - Present
      Northwest Land Conservation TrustAdvisory Board2014 - Present
      Campaign for Greater BuffaloBoard Member2013 - Present
      American Bar AssociationMember2012 - Present
      Buffalo Young PreservationistsMember2011 - Present
      National Lawyers GuildMember2008 - Present
      Publications
      Publication nameTitleDate
      Capitol Press"Lawyers square off over Josephine County GMO ban"2016
      Register GuardFederal judge orders Eugene School District to compensate for denying autistic teenager proper evaluation, education2016
      Register Guard"County ordered to pay $25,418"2014
      Education
      School nameDegreeGraduated
      State University of New York at Buffalo School of LawJD - Juris Doctor2011
      Fordham UniversityBA - Bachelor of Arts2004
      Speaking Engagements
      Conference nameTitleDate
      34th Annual Public Interest Environmental Law ConferenceHow to Start and Run a Public Interest Law Practice2016
      33rd Annual Public Interest Environmental Law ConferenceReclaiming the Promise of Home Rule to Protect the Environment2015
      2014 Justice Begins with Seeds ConferenceGmo Seeds Across Borders: North American Updates on GMO Litigation and Legislation2014
      32nd Annual Public Interest Environmental Law ConferenceFood Systems and Environmental Law2014
      CLE Access to JusticeCLE on the Federal District Court Pro Bono Panel2014
      Wayne Morse Center for Law and Politics“Earned Sick Leave, Preemption and the Powers of Local Government”2014
      Legal cases
      Case nameOutcome
      S.G.W. V. EUGENE SCH. DIST.Recovered an award of attorney fees on behalf of a prevailing party.
      S.G.W., T.B., and M.B.W. v. Eugene School DistrictWon on appeal and defeated all cross appeals
      White v. Josephine CountySuccessfully defended against an award of attorney fees.
      DP 15-113 In the Matter of Eugene 4J School DistrictStudent received award of 60 hours of compensatory transitional SDI, 35 hours of compensatory organizational and study skills SDI, and 80 hours of social and behavioral skills & injunctive relief.
      T.B., M.W., AND S.G.W., v. EUGENE SCHOOL DISTRICTPrevailed on federal appeal in favor of student that reversed the ALJ's finding for 4J school district.
      See all Legal Cases

      Reviews

      (3)4.5 stars
      5 Star
      		67%
      4 Star
      		33%
      3 Star
      		0%
      2 Star
      		0%
      1 Star
      		0%
      Review Melissa Wischerath

      Student v. Eugene 4J School District

      5.0 stars

      Posted by

      Melissa has been my lawyer since 2014, when she took our IDEA case against the Eugene 4J School District. Despite having limited experience in Special Education law, Melissa spent months learning every facet of a very complex and specialized area of law. She won our daughter, who for two years had been denied any educational benefit because of her disabilities, the largest compensatory education award in the past decade at the administrative level. Now our daughter, while still finishing her high school requirements, is also taking university classes -- and doing excellent -- something we never imagined when the school district essentially tossed her away. When we appealed an offset of some of the awarded hours, Melissa was tremendously professional and exceptionally competent in her dealings in Oregon federal district court. As a lawyer myself, I honestly couldn't ask for a better advocate for my child. Just this week, she prevailed in our federal court case, obtaining ALL the relief we requested for our daughter. I highly recommend Melissa, particularly for complex special education litigation.
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      This review is from a person who hired this attorney.
      Hired attorney

      Strongly recommended

      5.0 stars

      Posted by

      Melissa is a great attorney. She is professional, yet cares about her clients' personal situation. She will definitely put her clients' interests above all else. She has a sharp legal mind and is good at tackling technical complicated legal issues. She is efficient, learns fast and quickly adapts to new situations. She is responsive and gets back to her clients quickly. Melissa is cut from a different cloth. She exhibits a high level of integrity.
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      This review is from a person who hired this attorney.
      Hired attorney

      PCRC vs City of Glendale

      4.0 stars

      Posted by

      Melissa, did a nice job in representing PCRC, et al as plaintiffs in the recent Federal Case however the case got a little off track. The main issue was really about a land use issue and the lack of due process and discrimination against the President of PCRC and not necessarily the tenants living at the motel in question. All PCRC wants and wanted, was to have the City give him a means to work with them and do the right thing for the city and his tenants and to this day the City of Glendale still refuses to work with PCRC but they continue to issue a business license every year to the corporation. I think it was a confusing case and the Defending attorney was grasping at straws to actually come up with disparaging things against the PCRC President which got Melissa off the main issues of the case. She has good knowledge about discrimination issues and civil rights. She did a good job in discrimination part of the case but the due process portion got lost in the shuffle. Melissa is reliable and has great integrity and I would recommend her to others.
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      Attorney endorsements

      (5)
      Are you an attorney? Endorse this lawyer
      Lawyer Kim Sherman

      Kim Sherman, Education Attorney on Nov 1, 2017
      Relationship: Worked for lawyer

      I endorse this lawyer. I worked with Ms. WIscherath on several special education due process actions, and served as an expert witness for two such cases. Ms. Wischerath is extremely organized, excellent with clients and staff, and very effective in the hearing situation. I also worked with Ms. Wischerath on an environmental issue, and appreciated that opportunity.

      Lawyer Stephanie Jayne Dolan

      Stephanie Dolan, Environmental and natural resources Attorney on Aug 15, 2016
      Relationship: Worked together on matter

      I strongly endorse this lawyer. She is hard-working, creative, intelligent and puts her clients first.

      Lawyer Kim Sherman

      Kim Sherman, Education Attorney on Nov 1, 2017
      Relationship: Worked for lawyer

      I endorse this lawyer. I worked with Ms. WIscherath on several special education due process actions, and served as an expert witness for two such cases. Ms. Wischerath is extremely organized, excellent with clients and staff, and very effective in the hearing situation. I also worked with Ms. Wischerath on an environmental issue, and appreciated that opportunity.

      Lawyer Stephanie Jayne Dolan

      Stephanie Dolan, Environmental and natural resources Attorney on Aug 15, 2016
      Relationship: Worked together on matter

      I strongly endorse this lawyer. She is hard-working, creative, intelligent and puts her clients first.

      No photo

      Cooper Brinson, Civil rights Attorney on Feb 26, 2016
      Relationship: Fellow lawyer in community

      I endorse this lawyer.

      Lawyer Bryan R. Boender

      Bryan Boender, Civil rights Attorney on May 28, 2014
      Relationship: Fellow lawyer in community

      I endorse Ms. Wischerath. Melissa stands out as a dedicated and fearless advocate.

      Lawyer Marianne G Dugan

      Marianne Dugan, Litigation Attorney on Mar 26, 2014
      Relationship: Worked together on matter

      I endorse this lawyer. Ms. Wischerath is an extremely dedicated, hard-working, smart lawyer. She takes on every case with enthusiasm and care.

      Cost

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      • Free Consultation Some lawyers offer a free consultation to help determine whether their services are right for your legal needs30 minutes
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