Corvallis, OR
Employment and labor Lawyer at Corvallis, OR
Practice Areas: Employment & Labor, Family, Litigation
OUTCOME: Favorable trial court outcome preserved on appeal.
http://www.publications.ojd.state.or.us/Pages/OpinionsCOA2012.aspx Preserved division of property obtained at trial, client not required to cash out shares in closely held business.
OUTCOME: Substantial property award to client sustained on appeal.
http://www.publications.ojd.state.or.us/Pages/OpinionsCOA2012.aspx Preserved client's substantial, inherited separate property interest, rebutted presumption of equal contribution to majority of asset ... s.
OUTCOME: Increased spousal support.
Spousal support increased from $200 per month to $750 per month, indefinitely. Wife's separate property removed from division of marital assets. "The evidence also supports the conclusion that wife ... 's earning capacity has been impaired by her absence from the job market and that there will be a permanent disparity between husband's and wife's earning capacities. In light of the length of the parties' marriage, wife's age, wife's limited education, the disparity in the parties' income, and the impairment of wife's earning capacity because of her absence from the job market, we conclude that indefinite spousal support in the amount of $750 per month is proper so that wife can have a standard of living that is not overly disproportionate to that enjoyed during the marriage." http://www.publications.ojd.state.or.us/A135183.htm
OUTCOME: Preserved client's substantial property interest
http://www.publications.ojd.state.or.us/A126809.htm Intent depends not on what a spouse might privately contemplate or even publicly declare; it depends on how a spouse acts, that is, on what the sp ... ouse's "treatment" of the asset "demonstrate[s]." Lind and Lind, 207 Or App 56, 67, 139 P3d 1032 (2006). In determining the spouse's intent, we can consider multiple factors, including "(1) whether the disputed property was jointly or separately held; (2) whether the parties shared control over the disputed property; and (3) the degree of reliance upon the disputed property as a joint asset."
OUTCOME: Protected client from successor liability
http://www.nlrb.gov/shared_files/Board%20Decisions/346/34672.pdf The NLRB reversed the judge's findings that Oregon Panel Products, LLC, was a Golden State successor to Lebanite Corp. Golden State B ... ottling Co. v. NLRB, 414 U.S. 168 (1973). Chairman Battista and Member Schaumber held that the Golden State successorship doctrine is not appropriately applied to Oregon Panel and instead applied Glebe Electric, 307 NLRB 883 (1992), and Hill Industries, 320 NLRB 1116 (1996). Member Schaumber also relied on the Ninth Circuit's decision in Steinbach v. Hubbard, 51 F.3d 843 (9th Cir. 1995), a Fair Labor Standards Act case.
OUTCOME: Increased Wife's share from $25,777 to ~$200,000.
http://www.publications.ojd.state.or.us/A136730.htmI In light of her contributions as homemaker over the nine years of marital cohabitation, we find on de novo review that it is just and proper that ... wife share in the marital appreciation of the business...the other aspects of the property division and spousal support award and the parties' circumstances, [make it] proper to award wife an equal share of that appreciation.
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