Oregon Personal Injury Lawyer Blog

Yesterday, the news broke the that Boy Scouts of America settled six sex abuse cases. The pressure to settle came from Oregon litigation: both a trial in April and another scheduled for trial in October. The April jury verdict included an award for punitive damages. Although the settlements with Boy Scout abuse victims are confidential, The Oregonian reported that the State of Oregon was paid $2.25 million for punitive damages.

We can only hope that the lawsuits will encourage all organizations responsible for children to take that responsibility seriously. As Oregon Attorney Kelly Clark opined about why the Catholic Church is safer these days, "It's not primarily because the bishops got the Holy Spirit, that's because the bishops got sued."

Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234

A woman sued Disney claiming that Donald Duck sexually assaulted her. The 27-year old woman's lawsuit alleges that Donald Duck grabbed at her breasts and then made a gesture as if he'd done something bad. It's not my case, so I can't add to the news article. However, as a loyal Oregon Duck fan (and disloyal Stanford Alum) I wanted to make sure the world knows that the accused was a Disney Duck, not the Oregon Duck.

Oregon's Duck is not pure as Snow White. Admitedly, Puddles has been seen on a Harley, and performs in rap videos. However, I refuse to stereotype Harley riders or rap artists.

Oregon's Duck was accused of assaulting a cougar (a mascot, not an older woman), but that was not alleged to be a sexual assault. (Some claim that the video was a total fabrication.) But, like the much maligned Massoli, Puddles pleaded guilty and accepted the punishment.

No, Oregon's Duck is a hardworking member of the University of Oregon community. Regardless of the merits of the lawsuit against the Disney Duck, my hope is that the negative publicity will not spread to Puddles.

Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234

Yesterday, I met with people who were harassed on the job in Bend, Oregon. The bad boss, in Bend, was an idiot in an unprofessional organization. Sometimes, we think that people and companies who violate the laws against sexual or racial harassment must be unsophisticated. The news about Mark Hurd resigning as Chief Executive Officer of Hewlett-Packard because of sexual harassment shows that women and others are not safe even in the most sophisticated workplaces in the world.

HP's press release does what it must. It acknowledges that Mr. Hurd was caught, and HP reinforced the allegedly high corporate standards that are observed in their breaking. It goes on to assure shareholders that all's well in the corporation. Ironically, HP still has posted the statement from Mark Hurd in 2006, also commenting on the company's standards of ethics being broken under the reign of Senate Candidate Carly Fiorina.

Sexual harassment at work continues to be a problem. Sexual harassment is not just men wanting sex from women. It also includes mistreatment of women even when no sex is at issue. For example, I settled a case arising out of a Portland, Oregon warehouse, where the men verbally abused the only woman worker. Giving women the crummy jobs is another form of harassment. So be alert: harassment is just another form of discrimination based upon gender - sometimes sex or requests for sex or dates has nothing to do with it.

Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234

United States District Court for the Northern District of California ruled that Proposition 8 is unconstitutional. The court's opinion is meticulous. The opinion reveals that the lawyers were extremely careful to create a record to support every contention asserted and to undercut the myths of the Prop 8 proponents.

Because the court and the lawyers grounded findings in the trial court record, the Ninth Circuit should uphold it.

The Supreme Court? Unfortunately, these days, the only rule that seems to control the U.S. Supreme Court is the "Rule of Five." By that, I mean that the Supremes seem unbound by any legal standards and perform legal gymnastics to reach the results that five of them want. The Rehnquist Court was the most activist in our nation's history, and the Roberts Court seems to be following its lead. Nevertheless, the care and seriousness with which the parties and the court addressed Proposition 8 might require the Five Supremes to bend and twist like Cirque du Soliel to circumvent the trial court record.

Jeff Merrick, Oregon Trial Attorney
503-665-4234

Attorney Gloria Allred announced a lawsuit alleging sexual harassment in employment against David Boreanaz, of the TV show Bones. She also announced that she represents another woman, but did not file a lawsuit on her behalf. Instead, she sent the matter to a state agency to investigate. Here's my take on what that means, having used Oregon's State Agency at times and having filed sexual harassment cases in Oregon's courts.

First, we lawyers screen cases based upon whether we believe our clients. I assume that Ms. Allred believes that both of her clients felt victimized.

Next, we look at what evidence is in hand and consider what evidence is likely to be found later. When I file a lawsuit, it is because I believe there is enough evidence in hand to get the case to a jury. I assume that Ms. Allred believes she has enough evidence on Kristina Hagan's case to reach a jury. During the "discovery process" (definition here), she hopes to develop more evidence to win the case.

On the other hand, if an attorney feels like a client was legitimately harmed, but wants more evidence before risking a lawsuit, it makes sense to refer the case to the state agency. The state agency will then conduct an investigation. The agency could turn up more evidence, giving the attorney more confidence before filing a case.

We attorneys want to make sure we win the case, because no client wants to go through the expense and trauma of litigation unless the odds of winning are very good.

Jeff Merrick, Oregon Trial Attorney
503-665-4234

Credibility is everything when an Oregonian decides to sue, whether it is for car accident personal injuries, sexual harassment, or legal malpractice, or anything. I just withdrew from a case arising in Oregon City before I even filed the lawsuit because I did not trust my client. This post discusses the concept of credibility and why it is so important for an attorney to work with his or her client to make sure the client is 100% credible.

Why is credibility everything?

The most important factor in whether you win your case is whether the jury (or defense attorney or claims examiner) believes you and likes you. Oregon judges instruct jurors that, "If you find that any person has intentionally given false testimony in some part, you may distrust the rest of the person's testimony." But beyond that, jurors are people. People do not empathize with or want to help people who they do not believe or like or relate to. I'd rather represent Mother Theresa with an iffy case than Adolf Hitler with what seems like a slam dunk case. Jurors will find a way to help Mother Theresa and find a way to give Hitler what he deserves.

Credibility is truth PLUS accuracy.

Credibility is not merely avoiding a lie. Just because you do not intend to deceive does not make you credible. Here's why.

At some point, defendant will want your deposition. You will swear to tell the truth, and a court reporter will record every word. If you guess wrong, then, later, the other attorney will call you on it. Even if your misstatement was small and not intentional, people will wonder what else you got wrong.

What you and your attorney should do to improve your credibility.

From the first day forward, there are many steps you can take to make sure your testimony is true, accurate and complete. Here are a few of them:

• Your attorney should tell you what information is important to keep track of.


• Keep track of important information in a systematic way; your attorney should help you with this.


• Before your deposition, you or your attorney should talk with other witnesses who have relevant information, so that you are fully informed. Sometimes, loved ones notice things about the injured person that the injured person does not notice about herself.


• Prepare and study for your deposition like you are taking the most important exam in your life. Your attorney should tell you about the process, the traps, and how the other attorney might behave. You need to know all of the pertinent dates, issues and facts so that you can give accurate testimony.

I am shocked when I hear that some attorneys will "prepare" a client for his or her deposition immediately before the deposition begins. I think you should expect more from your own attorney.

Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234

EEOC press releases show that terrible sexual harassment occurs frequently against immigrants in Oregon, Washington, and the rest of the nation. For example, the EEOC sued Allstar Fitness, which operates in Washington and Oregon, because one of its supervisors forced an employee to choose between sex with him and her job. (Supervisor Forzó Sexo en una Empleada Latina.) The company did not train employees on the laws against discrimination. It produced no written harassment policies and no complaint procedure.

In another case from a Mollala, Oregon nursery (Willamette Tree Wholesale, Inc.), the EEOC charged that Latina workers were sexually harassed, raped, and threatened.

EEOC charged a Washington state apple grower (Evans Fruit) with sexual harassment because supervisors assigned women to isolated jobs so that they could make sexual advances. The court issued an order stopping the company from retaliating against or attempting to influence any potential witnesses or victims during the time the case proceeds.

Other examples include a $260,000 settlement to an employee of Wilcox Farms, in Aurora, Oregon. Schiemer Farms, also of Oregon, fired two workers on their first day of work after they reported sexual harassment, and it cost Schiemer $14,500.

Latinas are not the only vulnerable immigrants who have been victimized. Sexual harassment in the Korean Community in Los Angeles is leading to settlements and educational efforts toward small businesses, to prevent harassment before it happens. The EEOC is hiring investigators who speak different languages in its effort to address discrimination against immigrant women in the workplace.

Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234