Trial lawyers are trained to focus on  cases. But the reality is that a “case” is simply a problem entrusted to us by a person who needs our help. There is no such thing as a typical case because every case is different.

I handle cases in a variety of areas that broadly include many areas of personal injury, employment and consumer problems. But that doesn’t mean much, does it? That’s all a reminder that what you read here is simply to help you understand what kind of work my firm handles.

Air Safety

Stewart v. Horizon Air, State of Oregon, Multnomah County Circuit Court Case No. 0102-01506: Captain Richard “Buddy” Stewart refused to fly a Horizon Air jet that had repeated vibration problems. For acting to protect Horizon passengers, his crew and the company, Horizon management suspended and demoted Captain Stewart. The CEO of Horizon Air then made false statements about Captain Stewart to the media. David Sugerman represented Captain Stewart against Horizon Air and George Bagley, the former CEO. The matter settled shortly before trial with a payment of a confidential amount.

Oregon National Guard soldiers’ toxic exposures

Bixby v. KBR, Inc. U.S. District Court Case No. 3:09-cv-632  (D. Or.)- Case pending. Oregon National Guard soldiers serving in Iraq in 2003 provided security to employees of KBR and its various subsidiaries at the Qarmat Ali water treatment plant. The plant was contaminated with Sodium Dichromate, and Oregon soldiers were injured at this site that was under KBR’s control.  Status: Motion to dismiss for lack of personal jurisdiction denied. Motion to dismiss for lack of subject matter jurisdiction denied. Our vets continue moving toward justice.

Consumer Protection

Martin v. Comcast, State of Oregon, Multnomah County Circuit Court Case No. 0407-07245 (Case pending): As lead counsel, David Sugerman obtained a ruling that mandatory arbitration clauses in cable subscriber service agreements cannot be enforced. The clause stripped Oregon consumers of their rights under Oregon law. A class has been certified for recovery of damages arising from Comcast’s illegal billing of cable TV late fees. Reported opinion: Martin v. Comcast, 209 Or. App. 82, 146 P.3d 380 (2006) Status: class certified; case on-going.

Adams v. Western Culinary Institute, State of Oregon, Multnomah County Circuit Court Case No. 0803-03530 (Case pending): As class counsel, David Sugerman leads efforts to obtain refunds and debt relief. Students enrolling at Western Culinary Institute were told that the school placed over 90 percent of its graduates. But it didn’t tell students that the jobs counted in the 90 percent were those that people could get without a culinary school degree. The school gathered detailed salary information on its graduates’ initial placements showing that the vast majority were earning poverty level wages that would not support repayment of loan balances of $30,000 or more. Status: class certified; case on-going.

Dangerous products

Bradley v. Chicago Pneumatic Tool Co., U.S. District Court Case No. CV 01-1162-KI: As lead counsel, David Sugerman obtained a $2.3 million dollar verdict for five workers who suffered disabling vibration injuries to their hands caused by a dangerous product manufactured by Chicago Pneumatic Tool Company. The case settled on appeal.

Pena v. Yamaha Motor Co., State of Oregon, Multnomah County Circuit Court Case No. : Suit on behalf of a passenger riding in a Yamaha Rhino whose leg was crushed when the vehicle tipped over and landed on him. Status: Case on-going; trial anticipated January 2011.