2010 Archived News

January 1, 2010

Ketterling appointed to Cycle Oregon Board

January 13, 2010 – Stoll Berne is proud to announce that Keith Ketterling has been appointed to the Board of Directors of Cycle Oregon.  Cycle Oregon is a non-profit organization dedicated to transforming individuals and communities through bicycling.  There are two rides per year, a weekend event in July and a full-week event in September.  Proceeds from these rides go to the Cycle Oregon Fund which helps preserve and protect special places in Oregon and supports community development projects in the regions through which the rides are scheduled.

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Mercy Corps – Haiti Relief

January 20, 2010 – Stoll Berne recently matched employees’ and shareholders’ recent donations to Mercy Corps thereby contributing a total of $10,000 to their Haiti Relief program.  Mercy Corps will be involved in a high capacity water filtration project, rebuilding and repairing infrastructure, and providing post-trauma support for children after the immediate needs of water, food and shelter have been provided to the Haitian victims of the recent earthquake.

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Stoll Berne Sponsors Cycle Oregon

February 5, 2010 – Since its inception, Stoll Berne has been a strong supporter of Oregon’s natural surroundings.  With a number of actively commuting bicyclists of its own, Stoll Berne is proud to sponsor this year’s Cycle Oregon.  The event connects riders to the land and the communities that make our state a great place to live and bike.  And every year it disburses roughly $100,000 to needy communities and worthy causes.

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Steven C. Berman joins the firm

February 26, 2010 –  Steven C. Berman returns to STOLL BERNE after a professional sabbatical during which he provided advice and counsel to non-profit organizations and political campaigns on elections law matters.  With thirteen years of litigation experience, his practice will emphasize complex business litigation and elections law.

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Stoll Berne Files Federal Class Action Against Toyota Motor Sales, U.S.A.

March 23, 2010 – Stoll Berne has filed a federal class action against Toyota Motor Sales, U.S.A., Inc., on behalf of Oregon consumers who purchased vehicles subject to the recent recalls. The Complaint alleges that Toyota breached express and implied warranties by selling vehicles that were not safe, reliable or fully operational, and violated consumer protections under Oregon’s Unlawful Trade Practices Act. The Complaint seeks to compel Toyota to either accept returns for full refunds, or to pay damages based on the depreciation in value resulting from the vehicles’ defects.

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Stoll Berne Files Suit Against Stahlbush Farms

March 23, 2010 – Stoll Berne has filed a lawsuit against Stahlbush Island Farms, Inc. on behalf of five former non-farm Stahlbush employees who were wrongfully classified as exempt and not paid overtime due by Stahlbush. The complaint seeks class action status on behalf of all similarly situated former and current Stahlbush employees. Plaintiffs seek recovery of overtime pay, liquidated damages, penalty wages, and accrued interest.  Pretrial proceedings will take place in the District of Oregon, Eugene Division.

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Gill Presents CLE to Oregon State Bar Members

April 21, 2010 – Today, Jacob Gill will present a CLE to members of the Oregon State Bar (OSB) Securities, Business Law and Business Litigation Sections. The CLE topic is “Rule 506 of Regulation D” and will discuss the following aspects: Proposed substantial revisions to Rule 506; Interaction/relationship between state securities law and Rule 506; and Impact/scope of federal preemption of state regulation under NSMIA.

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Stoll Berne Files Antitrust Class Action Against Sony and others for Price-Fixing on Optical Disk Drives

April 29, 2010 – Stoll Berne has filed a federal class action against Sony Corporation, Hitachi Ltd., LG Electronics, Inc., Toshiba Corporation and others on behalf of Oregon consumers who purchased optical disk drive products (such as CD, DVD or Blu-ray players, or computers containing such devices) from October 2005 to the present. The Complaint alleges that these companies conspired to fix, raise, maintain, and stabilize the price of optical disk drive products sold in Oregon, in violation of state and federal antitrust laws, and that Oregon consumers have paid supracompetitive prices for these products as a result. The Complaint seeks treble damages and injunctive relief on behalf of Oregon consumers harmed by the defendants’ conduct.

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Josh Ross – YLS Award Recipient

May 11, 2010 – Today, Josh Ross was presented with the Multnomah Bar Association’s Young Lawyers Section (YLS) Award of Merit.  This award is given to volunteers who “have dedicated tremendous time and energy to the YLS and is mission…”  An article in the May issue of Multnomah Lawyer about the recipients of this award, and the reasons they were chosen is attached and reprinted with permission from the Multnomah Bar Association.

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Robert Stoll interviewed by CNN regarding Gulf of Mexico Oil Spill

May 20, 2010 – Robert Stoll was recently interviewed on CNN and by The Daily Beast  regarding the recent oil spill in the Gulf of Mexico and the legal battles that will likely ensue.  In the Exxon Valdez Oil Spill Litigation in Alaska, Stoll and the firm of Stoll Berne represented all the oiled Alaskan municipalities and counties, as well as approximately 100 fishermen.  Stoll was Lead Trial Counsel in the Alaska state court trial and one of the five members of Plaintiffs Executive Committee that directed all plaintiffs’ efforts in that litigation.

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Federal Court Stays Litigation against Stoll Berne Clients in Dispute over Franchise Agreements

July 30, 2010 – In an order dated July 30, 2010, federal judge Anna Brown, in JuiceMe, LLC v. Booster Juice Limited Partnership, stayed federal court litigation brought in Oregon against Stoll Berne clients Booster Juice Limited Partnership, AW Limited Partnership, AW Holdings, Inc., and Jonathan Amack.  Plaintiffs filed their complaint against Stoll Berne’s clients and another group of defendants shortly before an American Arbitration Association proceeding involving the same parties was terminated.  Stoll Berne’s clients sought to stay the federal litigation under Section 3 of the Federal Arbitration Act (“FAA”) on the grounds that, despite termination of the arbitration proceeding, plaintiffs’ claims still were subject to a binding agreement to arbitrate.

The arbitration proceeding was terminated after Stoll Berne’s clients informed AAA that they were unable to pay one-third of the estimated arbitration fees and costs, as previously had been agreed orally among the parties.  Neither plaintiffs nor the other defendants were willing to pay Stoll Berne’s clients’ portion of arbitration fees and costs.  The arbitration panel issued an order terminating the arbitration unless the arbitration was fully funded within seven days.  When, after seven days, the arbitration was not funded, the proceeding was terminated.

In opposition to the motion to stay, plaintiffs argued that – by failing to pay one-third of the arbitration costs and fees – Stoll Berne’s clients had violated the arbitration agreement and therefore was not entitled to a stay under the FAA.  The court, however, held that whether Stoll Berne’s clients’ inability to pay arbitration costs and fees constituted a failure, neglect, or refusal to arbitrate in violation of the parties’ arbitration agreement is an issue for the arbitrators, not for the court.  Because plaintiffs did not move for an order of default against Stoll Berne’s clients prior to termination of the arbitration, and because the arbitrators did not otherwise have an opportunity to consider this issue, the court stayed the federal litigation pending arbitration or until an arbitrator determines that Stoll Berne’s clients are in violation of the parties’ arbitration agreement.

Stoll Berne attorneys Robert Shlachter and Keil Mueller represent Booster Juice Limited Partnership, AW Limited Partnership, AW Holdings, Inc., and Jonathan Amack.

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Stoll Berne Gives Back

August 13, 2010 – Today, many employees from Stoll Berne volunteered their time at the Oregon Food Bank warehouse.  The day wasn’t completely selfless, considering how much fun everyone had.  After a tour of the facility (including a house-sized freezer), attorneys, staff and family members all stepped up to a long conveyer belt to sort donated items.  Half empty jars of peanut butter didn’t make the cut.  Over the next two hours we hurled pallets of non-perishables that would be further inspected and sorted before finally making it to 271 Oregon families in need.  We learned that in our short, two-hour commitment we sorted enough food for 7300 meals.  We all left feeling a little humbled and even more inspired to continue giving back to the community.  The Oregon Food Bank does amazing work on behalf of families struggling to get through tough times, and they wouldn’t be able to do it without donors and volunteers.  Stoll Berne is proud to have helped – and we had a lot of fun doing it.  Written by Angel Falconer, Paralegal.

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Stoll Berne and party guests donate to Oregon Food Bank

October 14, 2010 – Guests to Stoll Berne’s 2010 Annual Fall Party and Stoll Berne employees together donated $2,780 towards the Oregon Food Bank.  Stoll Berne has matched this donation so a total of $5,560 will help the Oregon Food Bank to feed hungry families in our local community.  Ten dollars can feed a family of four for 3-5 days so this combined contribution will benefit 556 families in the Portland and SW Washington areas.

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Josh Ross Honored as an Up & Coming Lawyer by the Daily Journal of Commerce

November 11, 2010 – The Daily Journal of Commerce has announced its Up & Coming Lawyer honorees for 2010.  Stoll Berne is proud that Josh Ross has been included in the honoree roll of 25 legal professionals.  The Up & Coming Lawyers honors are designed to honor attorneys who have exhibited an outstanding commitment to both the legal profession and the community.  Only lawyers admitted to the Oregon State Bar from 2000 to 2010 were considered for nomination. Tribute was paid to the 25 honorees at an evening event on November 10, 2010 sponsored by The Daily Journal of Commerce. Click here to read an article about Josh Ross written by DJC Magazine.

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Stoll Berne obtains $3.1 million judgment against Trimet

November 12, 2010 – After extensive litigation arising out of the construction of railcars for TriMet’s WES Commuter Rail Service, the U.S. District Court (Oregon) entered a judgment in excess of $3.1 million in favor of Stoll Berne’s client, CRM Collateral II, Inc (“CRM”).  CRM was the surety for the railcar company and provided a $3 million letter of credit.  TriMet drew the full amount of the letter of credit.  The court found that CRM was discharged from its surety obligations because TriMet and the railcar company altered the terms of their relationship without CRM’s consent and to CRM’s detriment. The court further found that CRM was damaged in the amount of $3,180,082.50, together with prejudgment interest, as a result of “TriMet’s breach of statutory warranty for falsely certifying CRM’s default of its obligations.” Tim DeJong was the lead Stoll Berne attorney, assisted by Jacob Gill and Keith Ketterling.  Click here to read what Jeff Manning, of The Oregonian, writes about this case.

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Honors in 2010

Chambers USA gave individual recognition to Gary BerneKeith KetterlingSteve LarsonRob Shlachter, Robert Stoll, and David Lokting and listed Stoll Berne in Band 1 as being a top firm in Oregon for General Commercial Litigation.

Best Lawyers of America 2011 recognized these seven Stoll Berne attorneys in their annual publication: Gary Berne,Tim DeJong, Keith Ketterling, Steve Larson, David Lokting, Rob Shlachter, and Scott Shorr.

U.S. News and Best Lawyers announced Stoll Berne was a “Best Law Firm” in America.  Specific recognition included: National 1st Tier for Mass Tort Law, Portland, Oregon 1st Tier for General Commercial Litigation, Mass Torts/Class Action Plaintiffs Litigation, and Tax Law.

Benchmark Litigation has listed Stoll Berne as a Highly Recommended local litigation firm in Oregon and lists the following shareholders as local litigation starsGary BerneKeith KetterlingRob Shlachter, and Scott Shorr.

Oregon Super Lawyers and Oregon Rising Stars recognizes Gary Berne (Top 50), Tim DeJong (Top 50), Mark Friel, Keith KetterlingSteve LarsonDavid LoktingYoona ParkJoshua RossRob Shlachter (Top 10), Scott Shorr, Robert Stoll, and Jennifer Wagner.

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