Portland, OR
Appeals Lawyer at Portland, OR
Practice Areas: Appeals
OUTCOME: Court of Appeals reversed Department of Human Services and held that fact something had incidental benefit to someone else did not make it a social benefit that would be ineligible for reimbursement
Parent caregiver challenge to partial denial of benefits for disabled adult child
OUTCOME: Court of Appeals reversed circuit court and held that husband's spousal support was not reduced enough. Court held lower court erred in not considering all of wife's inherited assets in determining need for support
Modification of spousal support
OUTCOME: Court of Appeals reversed circuit court and terminated conservatorship finding that conservator failed to prove client was financially incompetent. Elderly man regained control over his own finances.
Client challenged conservatorship
OUTCOME: Court of Appeals upheld jury verdict for employer
Employee brought action against employer alleging disability discrimination under the Americans with Disabilty Act (ADA). Employer asserted that employee was dismissed for cause which would have cause ... d dismissal even if no disability. Jury found for employer and employee appealed. Court of Appeals held that employee had waived right to challenge alleged instructional error and affirmed the trial court judgment in favor of employer.
OUTCOME: Dismissal of contempt case reversed and remanded
Elderly husband died following divorce and without removing much younger wife as beneficiary of insurance policies. Whole life insurance policies had been awarded to husband in divorce and evidence sh ... owed neither party believed that wife was beneficiary of any policy prior to or after divorce. Executor of husband's estate brought contempt action to force wife to sign documents giving up beneficiary rights. Trial court dismissed contempt case holding that the fact that wife was still named as beneficiary controlled result and wife would receive insurance proceeds. Husband's executor appealed. Court of Appeals reversed holding that whether marriage dissolution settlement precluded recovery by former wife as named beneficiary on policies awarded to husband in divorce turned on degree of specificity of language employed in property settlement agreement and the fact that wife remained named as the beneficiary did not control the result. Remanded for a determination by the trial court on the interpretation of the language in the property settlement agreement,
OUTCOME: Court of Appeals reversed custody award
Father filed post-divorce proceeding to change custody of teenage children from mother to father. Trial court granted the change of custody and mother appealed. Court of Appeals reversed returning th ... e children to mother's custody and holding that (1) mother's interactions or lack thereof with father were not so extreme so as to represent a change in circumstances in her ability to parent; (2) mother's response to children's academic and behavioral problems was sufficient and did not show pattern of inadequate care.
OUTCOME: Custody of child returned to mother.
Grandparent custody case in which the trial court had found mother unfit and awarded sole custody of the child to maternal grandmother with only limited parenting time for mother. I represented mother ... on the appeal. The Court of Appeals overturned the trial court and remanded the case to the trial court to establish an appropriate plan to transition the child the mother's custody.
OUTCOME: Increased spousal support, added permanent maintenance support, awarded client share of opposing parties' inheritance
Spousal support and dispute over opposing parties' inheritance
OUTCOME: Plaintiff became fiduciary to care for cats
After woman arrested for criminal neglect of 20+ cats, the cats were given to a cat rescue organization to care for until the charges were resolved. The case against the woman was dismissed because th ... e woman was found not competent to assist in her own defense. The trial court held that since the woman was not found guilty it had no authority to appoint fiduciary to care for and adopt out cats and woman had not forfeited cats. Cat rescue organization appealed while maintaining cats in their care. The Court of Appeals reversed holding that the trial court was authorized to issue a protective order and to appoint cat rescue organization as fiduciary of woman for limited purpose of permanently placing her cats in adoptive homes.
OUTCOME: Mother's religion accomodated in parenting plan
Father filed petition seeking custody of nine-year-old child born out of wedlock. Mother counterclaimed. Before trial parties agreed that mother should retain custody of child but disagreed on parent ... ing plan and on whether child's last name should be changed to father's name. Court of Appeals reversed trial court and held that child's best interest required parenting plan which accomodated her ongoing religious observance with mother including observation of Sabbath even though father would receive only limited weekend parenting time. Court of Appeals reversed trial court's ruling changing child's last name holding that it was not in child's best interest. Court of Appeals held that trial court had discretion to determine that court conference with child to determine child's preference on name change was not in child's best interest.
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