Summer 2009 Newsletter
Court approves settlement of class action brought by public utility employees and retirees challenging changes in retiree health benefits
Martin, et al. v. Eugene Water and Electric Board and City of Eugene
Lauderdale, et al. v. Eugene Water and Electric Board and City of Eugene
In a retiree health benefits case, Johnson, Clifton, Larson & Schaller, P.C. acted as lead counsel for the employees and retirees of Eugene Water and Electric Board (EWEB) against their current and former employer. In the class action these plaintiffs challenged EWEB's breach of oral agreements regarding retiree health care benefits. EWEB had unilaterally implemented changes to its retiree health care plan years after the agreement had been reached.
The class action followed a test case brought on behalf of seven individuals filed by Eugene attorneys Martha Walters and Suzanne Chanti. After Martha Walters was appointed to the Oregon Supreme Court, our firm substituted as lead attorneys for the plaintiffs in the class action. Attorney Joel DeVore represented the test case employees and retirees in the Oregon Court of Appeals and obtained a favorable decision affirming the trial court decision in favor of the individual plaintiffs.
Both the test case and the class action were stayed in the wake of the Court of Appeals' decision and a settlement conference was held before U.S. District Court Judge Michael Hogan. Ultimately a joint settlement of both cases was achieved under which EWEB paid a total of $3,080,000 in compensation for past and future increases in premiums, and significant retiree health benefits were restored.
Special thanks to The Honorable Martha Walters, Suzanne Chanti, and Joel DeVore.
Settlement of the class action ASW, et al v. State of Oregon
In December, shortly before the holidays, Johnson Clifton Larson and Schaller delivered settlement checks to nearly 7,000 Oregon families as a result of our successful challenge to actions taken by the State of Oregon Department of Human Services. The State had unilaterally cut payments owed to families of adopted children under the Adoption Assistance Program. We prosecuted this class action lawsuit in association with the Youth Law Center of San Francisco. The final settlement was for all class members, requiring the State to pay each family the money to which it was entitled.
The Adoption Assistance Program is a federal and state child welfare program designed to encourage families to adopt foster children permanently. The AAP assists adoptive parents with the cost of specialized services often required by the children they adopt through monthly payments based on the unique needs and circumstances of each family. Since its inception in 1980, the program has encouraged and aided the adoption of thousands of Oregon's foster children.
In February of 2003 the State began cutting payments without providing due process to the families affected by the sudden reduction in support. We were approached by four families that had adopted children previously in foster care. On their behalf we filed a class action challenging the DHS to meet it contractual and federally mandated obligation to those children and their families.
At the Federal District Court level we were dealt a setback when the Oregon Federal District Court ruled in favor of the State's motion to dismiss on the pleadings. We appealed to the Ninth Circuit and won a reversal. The Ninth Circuit ruled that families had rights to a fair hearing to consider the unique needs of each child. The State sought en banc review and filed a writ with the U.S. Supreme Court. After these were denied we finally convinced the State of the validity and strength of our position and we began mediating with U.S. Magistrate Thomas Coffin. After months of negotiating the State agreed to pay the families the monies to which they were entitled. The State paid a total of $1,733,225 to the adoptive parents for the benefit of their children.
The class of adoptive families was represented by Art Johnson and Michele Smith of Johnson, Clifton, Larson & Schaller, and by Maria Ramiu of the San Francisco based Youth Law Center. The attorneys for the class received no fees out of the settlement funds to the families, but were instead awarded reasonable attorneys fees from the State for their labor.
Case Notes:
Defective Photo Therapy Equipment in Hospital
A newborn baby suffered painful and disfiguring third-degree burns to her buttocks when a Eugene hospital attempted to treat her jaundice condition with an internally manufactured photo therapy unit. The infant's severe burns required frequent painful debridement and cleaning procedures. We consulted with a plastic surgeon, who provided his expert opinion that the child would need at least 3 reconstructive surgical procedures to restore the normal shape and contour of her buttocks. After extensive negotiations, we were able to negotiate a structured settlement of the claims.
Right to Freedom of Speech Defended
A Eugene grandmother was walking a picket line to support her husband who was on strike from a local beverage company. Her two young granddaughters accompanied her. When the picketers momentarily blocked the path of some truck drivers who were crossing the picket line, a security guard pushed the woman and then sprayed her in the face at close range with pepper spray. She suffered burn injuries to her face and eyes, but the greater injury was to her civil rights. We filed a personal injury complaint and made a demand to the security agency and negotiated a settlement of her claims.
Tribal Casino Liability
While gambling at Seven Feathers Casino, a 90-year-old former vaudeville dancer suffered a fractured vertebrae when she was knocked down by a casino waitress. The back injury required medical treatment, and the continuing pain and stiffness has prevented her from engaging in her favorite activities, including gambling and picking fruits and nuts. We made a demand for her damages against the casino and the tribe within the parameters established by the Cow Creek Tribal Legal Code. We were able to negotiate a settlement of the case without filing a formal complaint in the action.
NuvaRing
NuvaRing is purported to be a once-a-month contraceptive vaginal ring that emits continuous doses of the hormones found in oral birth control pills. Studies have shown that NuvaRing can carry severe side-effects, including deep vein thrombosis, blood clots, strokes, and even fatal stroke, heart attack, or pulmonary embolism. We represent a young woman who died from using this product, and we would be happy to consult with other lawyers regarding the litigation.
Staff Notes:
Gloria Trainor
The firm is pleased to announce that Gloria Trainor has joined the litigation team. Ms. Trainor's practice focuses on complex civil litigation, including medical malpractice, product liability, catastrophic injury and wrongful death. She earned her J.D. in 2008 from the University of Oregon School of Law, where she was a child advocacy fellow, co-director of the Women's Law Forum, and a judicial extern for the Hon. Ann Aiken. More information about Ms. Trainor can be found at www.jclslaw.com.
Derek Johnson
Derek Johnson is pleased to announce his candidacy for election to the Board of Governors. Mr. Johnson is a member of the bars of the states of Washington, California, and Oregon, and has practiced law in Oregon since 1993. He has previously served as President of the Oregon Trial Lawyers Association, Chair of the Oregon State Bar Disciplinary Board, and Chair of the Oregon Government Ethics Commission, and currently serves on the Civil Law Advisory Commission at the request of the Chief Justice of the Oregon Supreme Court.
Mr. Johnson is a member of the American Association for Justice, the Oregon Trial Lawyers Association, and the Lane County Bar Association. His candidacy for the Board of Governors is in Region 2. More information on Mr. Johnson can be found at www.jclslaw.com, and more information on the BOG can be found at www.osbar.org/leadership/bog. The election will be held electronically and by mail in October 2009.
Closing Remarks and Referrals:
We want our newsletter to be helpful and informative to our colleagues and friends. Our firm litigates a wide range of complex personal injury and wrongful death cases involving motor vehicle accidents and defects, construction accidents, medical malpractice, and defective products and medical devices. We especially enjoy working with other counsel throughout Oregon and adjoining states. Referral arrangements vary from case to case. Most commonly, our firm guides strategy and advances costs and resources for investigation and prosecution.
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Either call us at (800) 783-2434 or (541) 484-2434. Also feel free to check out our web sites:
www.jclslaw.com
www.truckaccidentattorney.com
www.carseatburninjuryattorney.com
www.productliabilitytriallawyer.com
