News

RMB attorney Kevin Clonts is featured in the most recent issue of CLM Magazine, a publication from the Claims Management Litigation (CLM). The article, co-authored with four other attorneys, discusses achieving business development and advancement for diverse professionals. It can be found at the following link January CLM National Magazine

Rizzo Mattingly Bosworth PC has been selected for the fourth year in a row to Oregon Business magazine’s list of the 100 Best Companies to Work For in Oregon. In addition to appearing in the March 2020 issue of Oregon Business magazine, Rizzo Mattingly Bosworth was honored at the 100 Best Companies to Work For awards banquet held March 5th at The Oregon Convention Center in Portland. The boutique law firm placed as the fifteenth best company to work for in the small business category which comprises organizations made up of 15 to 34 employees.

By Allen Eraut An Oregon jury returned a $6 million verdict against Kaiser Gypsum, in case with heavy alternative exposures to amphibole-containing insulation. The trial court applied joint and several liability, which is unusual for this jurisdiction, and may form the basis of an appeal.

We are pleased to report on a defense victory in this Washington asbestos matter in which Rizzo Mattingly Bosworth was part of the trial team. Coonrod v. Alcoa, et al. was a King County, Washington case against various suppliers of asbestos-containing products and premises owners. Rizzo Mattingly Bosworth’s client was Longview Fibre Paper & Pulp Mill. Coonrod was a career insulator, and there was evidence he worked at Longview Fibre when his insulation employers were hired for insulation jobs. Plaintiff presented two theories of liability: premises liability and retained control.

By Kevin Clonts On October 3, the Washington Supreme Court held that employee claims adjusters are not personally liable for bad faith and Consumer Protection Act (CPA) causes of action. In doing so, the court reversed the Court of Appeals, which had held that individual insurance professionals could be held liable.

Rizzo Mattingly Bosworth is pleased to share that Tania Manners has been appointed to the Multnomah Bar Association’s Equity, Diversity & Inclusion Committee for a three-year term. The mission of the MBA Equity, Diversity & Inclusion Committee is to foster and expand diversity, inclusion and equality in the MBA and greater Multnomah County legal community, and to create and strengthen a relationship of mutual support between the MBA and diverse bar organizations. The committee is responsible for a number of initiatives including the LSAT scholarship program and the MBA Diversity Award nomination and selection process.

Rizzo Mattingly Bosworth is delighted to report that Claude Bosworth was included in the 2019 edition of Oregon Super Lawyers magazine. The publication identifies the top five percent of attorneys in the state, as chosen by their peers and through the research of Super Lawyers, which is a Thomson Reuters business.

Rizzo Mattingly Bosworth PC has been selected for the third year in a row to Oregon Business magazine’s list of the 100 Best Companies to Work For in Oregon. In addition to appearing in the March 2019 issue of Oregon Business magazine, Rizzo Mattingly Bosworth was honored at the 100 Best Companies to Work For awards banquet held February 28th at The Oregon Convention Center in Portland. The boutique law firm placed as the sixteenth best company to work for in the small business category which comprises organizations made up of 15 to 34 employees.

RMB attorney Kevin Clonts is featured in the most recent issue of CLM National, a publication from the Claims Management Litigation (CLM). His article discusses a recent judicial decision in Washington law with regards to insurers' duties when faced with multiple claimants. It can be found at the following link January CLM National Magazine

Nice: “Each and every fiber” evidence.  In Barabin v. Scapa Dryer Fabrics, a federal trial court in the Western District of Washington rejected the “each and every exposure” and “cumulative exposure” causation theories often relied on by asbestos plaintiffs. The court’s decision is detailed and provides a good road map to exclude this type of evidence.

By Kevin Clonts In Singh v. Zurich Am. Ins. Co., 2018 Wash. App. LEXIS 1937 (2018), Division 1 of the Washington Court of Appeals clarified an insurer’s duties in cases involving multiple claimants that likely would exhaust policy limits. Though the court did not establish a “bright-line rule,” its ruling instructs that an insurer must be cautious when a settlement could exhaust policy limits, thereby leaving the insured exposed to defense costs should other claimants come forward. The court held that if an insurance carrier has reason to believe that payment of a policy limits settlement to one claimant would leave the insured exposed to defense costs for other claims, the carrier should explore potential methods to leave some amount of policy limits in reserve in order to preserve the defense duty. Failure to do so could result in a bad faith claim and damages, including damages for defense and settlement costs incurred over policy limits.

RMB attorney Kevin Clonts is featured in the most recent  issue of Construction Claims, a publication from the Claims Management Litigation (CLM). His article discusses recent changes in Oregon law with regards to the Statue of Repose. It can be found at the following link http://online.pubhtml5.com/adfn/wfgb/#p=19  

Three Rizzo Mattingly Bosworth shareholders were recognized in the 2019 edition of The Best Lawyers in America©, which was released today. Steven Rizzo was selected for inclusion in the Best Lawyers guide based on his work in insurance litigation and product liability litigation defense. Allen Eraut was honored in the construction litigation and product liability litigation defense categories. Claude Bosworth was recognized in the area of construction litigation.

Rizzo Mattingly Bosworth PC has been selected to Oregon Business magazine’s list of the 100 Best Green Workplaces in Oregon for the fourth year in a row ranking as the twenty third most sustainable business in the state.  In addition to appearing in the forthcoming June 2018 issue of Oregon Business magazine, Rizzo Mattingly Bosworth will be honored at the 100 Best Green Workplaces in Oregon awards luncheon, to be held May 31 at The Nines Hotel in downtown Portland.

On February 28, 2018, Rizzo Mattingly Bosworth shareholder Allen Eraut moderated a panel discussion for the Oregon Association of Defense Counsel titled “When Mediation Fails: Taking a Construction Case to Trial.” Panelists Dan Schanz, Megan Ferris and Elizabeth Woodard gave helpful insight on how to address the unique challenges construction cases face. For example:

Rizzo Mattingly Bosworth PC has been selected for the second year in a row to Oregon Business magazine’s list of the 100 Best Companies to Work For in Oregon. In addition to appearing in the forthcoming March 2018 issue of Oregon Business magazine, Rizzo Mattingly Bosworth was honored at the 100 Best Companies to Work For awards banquet held March 1st at The Oregon Convention Center in Portland.  The boutique law firm placed as the eight best company to work for in the small business category which comprises organizations made up of 15 to 34 employees.  

The Association for Continuing Legal Education (ACLEA) has selected an Oregon State Bar publication – the legal deskbook Damages – as the winner of the ACLEA 2017 Best Award of Outstanding Achievement in Publications. Rizzo Mattingly Bosworth shareholder Allen Eraut was one of the book’s authors. A plaque commemorating the national award was presented at the ACLEA Annual Meeting in Montreal, Quebec, Canada, in August 2017, and is now on display in the Oregon State Bar Center lobby.

Three Rizzo Mattingly Bosworth shareholders were recognized in the newly released 2018 edition of The Best Lawyers in America©. Steven Rizzo was honored in the product liability litigation defense category. Claude Bosworth was recognized in the area of construction litigation. Allen Eraut was selected for inclusion in the Best Lawyers guide based on his work in two areas: construction litigation and product liability litigation defense. 

RMB attorneys Allen Eraut and Kevin Bergstrom wrote an article featured in the May 3rd edition of the Defense Research Institute's Newsletter The Voice . The article discusses a recent Oregon Supreme Court decision concerning the adoption of a general jurisdictional framework that provides predictability for out-of-state corporations looking to do business in Oregon.

Rizzo Mattingly Bosworth welcomes attorney Kevin Bergstrom as the newest addition to its respected litigation team.  Kevin's practice concentrates on the defense of complex civil cases. As a member of the firm’s environmental and natural resources practice group, Kevin represents clients in Federal EPA and Oregon DEQ Superfund cleanup matters, and has assisted in a federal trial defending a wind-energy company’s operations against adjacent landowners.

Civil defense law firm Rizzo Mattingly Bosworth PC announced today that shareholder Allen Eraut has been elected chair of the Oregon Association of Defense Counsel’s Construction Practice Group. The Oregon Association of Defense Counsel (OADC) is Oregon’s statewide association for defense attorneys. Founded in 1967, the non-profit membership organization provides defense-oriented civil litigators, as well as business and commercial litigators, with excellent continuing legal education and valuable networking opportunities. OADC’s purpose is to increase the professional skill and knowledge of its nearly 700 members, to enhance the services of the legal profession to the public, to improve the adversary system and to work for the prompt and fair disposition of disputes. Learn more about OADC at www.oadc.com.

RMB attorneys Allen Eraut and Kevin Clonts are featured in the most recent DRI edition The Voice.  Their article discusses a significant change in Oregon law  concerning consent judgments and assignments.  You can find the article at the following link:  "Another State Says "Yes" to Consent Judgments".

RMB attorney Allen Eraut is featured in the most recent Oregon State Bar Construction Law Section Newsletter.  His article discusses recent changes in the law with regards to Consent Judgements.  It can be found at the following link http://www.osbarconstruction.com/news2016-03.pdf.  

On August 14, 2015, three premises defendants in a wrongful death/mesothelioma claim prevailed on a post-trial motion for a new trial in the Multnomah County Circuit Court (Oregon), setting aside a judgment for the plaintiff in excess of $2.4 million.  In the matter of Golik v. CBS Corporation, et al., defendants Longview Fibre Paper & Packaging, Inc. (represented for post-trial and appellate matters by Steven V. Rizzo, J. Michael Mattingly, and Kevin Clonts of Rizzo Mattingly Bosworth PC), Georgia-Pacific Consumer Products, LLC, and Weyerhaeuser Company filed post-trial motions for JNOV and, in the alternative, a new trial.  The Honorable Karin Immergut granted the defendants’ motion for a new trial based on the plaintiff’s failure in discovery to produce various bankruptcy trust records, including decedent’s affidavits concerning his heavy asbestos exposure at other locations and to other companies’ products.

Rizzo Mattingly Bosworth PC is pleased to announce that Claude Bosworth has been invited to join the prestigious Claims and Litigation Management Alliance. The CLM is a nonpartisan alliance comprised of thousands of insurance companies, corporations, Corporate Counsel, Litigation and Risk Managers, claims professionals and attorneys.Through education and collaboration the organization’s goals are to create a common interest in the representation by firms of companies, and to promote and further the highest standards of litigation management in pursuit of client defense. Selected attorneys and law firms are extended membership by invitation only based on nominations from CLM Fellows.

Rizzo Mattingly Bosworth shareholder Kevin Clonts has organized and will moderate an upcoming panel discussion focused on the History of LGBT Rights in Oregon. The panel features several prominent members of the Oregon legal community including Judge Lynn Nakamoto, Judge Janice Wilson, Ret., Prof. Dominick Vetri, Charles Hinkle, and Cindy Cumfer. There also will be a short presentation by GLAPN historian George Nicola. The event is being presented in a collaborative effort by OGALLA: The LGBT Bar Association of Oregon, The Gay and Lesbian Archives of the Pacific Northwest (GLAPN), and the Oregon State Bar Diversity & Inclusion Department. 

Rizzo Mattingly Bosworth PC has achieved Sustainability at Work’s gold certification and is recognized for its leadership helping make Portland one of the cleanest, most sustainable cities in the country. To earn this honor, RMB completed numerous actions to benefit the local economy, the community and environment, which were verified during an onsite visit with a Sustainability at Work Advisor.

RMB associate Shaun Morgan has written a piece featured in the Oregon Women Lawyer spring newsletter.  The article discusses a recent book released entitled What Works for Women at Work: Four Patterns Working Women Need to Know.  Morgan asserts that the book is a "dynamic how-to-guide for women, aimed at helping them develop skills to succeed in the workplace.  The full review can be found at http://www.oregonwomenlawyers.org/wp-content/uploads/2013/08/Spring-2014-AdvanceSheet.pdf.

Jason Daywitt will headline a panel discussion at the upcoming Northwest Asbestos Litigation Conference hosted by Harris Martin in Tacoma, Washington on June 6, 2014.  The focus of his seminar will be "What Every Washington Lawyer Needs to Know about Oregon Practice and What Every Oregon Lawyer Needs to Know about Washington Practice".  

                Two passengers were injured after the elevator they were riding in suddenly dropped. They filed products liability and negligence claims against the defendant, who had been hired to modernize the elevator.  The defendant moved for summary judgment on the strict liability claim, arguing that it had only provided a service by installing component parts during repair work and was not a seller, manufacturer, or distributer of any of the parts. The trial court agreed and granted summary judgment. The court of appeals affirmed, writing that “the evidence only supports the allegation that [defendant] provided a service by installing…” the parts. The Oregon Supreme Court declined to decide whether a business that supplies and installs a defective product may be strictly liable for injuries caused to a plaintiff by that product.  However, the court affirmed the trial court decision to dismiss the product liability claim, finding that plaintiffs did not have any evidence that the Defendant supplied the component parts at issue.  Of note, the court found the plaintiffs’ evidence that the defendant had received payment for unidentified parts and labor unpersuasive.

MC Consultants held their 5th annual Pacific Northwest Construction Defect Law Seminar Thursday March 27th at 3:30PM at the Grand Hyatt Seattle.  The conference included an update on trends and case law review for Oregon and Washington.  Allen Eraut from Rizzo Mattingly Bosworth appeared on a panel that addressed recent developments in Oregon construction defect litigation.   5th Annual Pacific Northwest Construction Defect Seminar Photos

Rizzo Mattingly Bosworth is pleased to announce that Kevin Clonts has become a shareholder in the firm. Kevin’s practice focuses on complex litigation matters, including construction defect and insurance coverage disputes.  Kevin also represents business entities in litigation involving business dissolutions, contract disputes, intellectual property disputes, and target defendants (including business and government entities) in complex products liability and construction defect matters.  Kevin received his juris doctor degree from Lewis & Clark Law School.  

RMB announced today that it has moved its Portland office to the historic Unitus Plaza building in the financial district.  The new office is located at 1300 SW Sixth Avenue, Suite 330.  Come on by and visit us soon!

Trial attorney Allen Eraut obtained a defense verdict for a roofing subcontractor in a Washington County construction defect case.  Plaintiffs asked the jury for $833,000.   The case was unusual in that the general contractor declared bankruptcy shortly before trial, and the Plaintiffs were successful in severing the claim against the general contractor from the case against the subcontractors.  After the other subcontractors settled, Plaintiffs proceeded to trial against RMB’s client only.  Given its bankrupt status, the general contractor was not present at trial and was not included on the verdict form.  Despite a wave of additional destructive testing shortly before trial focusing on RMB’s client’s work, the jury ruled against the Plaintiffs on both the negligence and breach of warranty claims.  The case was tried to a twelve member jury in front of Washington County Circuit Court Judge Charles Bailey.

In Greer v. Ace Hardware Corp. et al, __ Or App __ (Apr. 10, 2013), the Oregon Court of Appeals affirmed the trial court’s grant of summary judgment in favor of RMB’s client, an alleged supplier of asbestos-containing materials. Plaintiff brought suit against a number of defendants alleging they were responsible for his mesothelioma by manufacturing and supplying products containing asbestos. Against RMB’s client, plaintiff alleged exposure over a nine-year period to products supplied by the client. However, though plaintiff recalled during his deposition general types of products he allegedly purchased from RMB’s client, plaintiff could not recall the brand names of those products. In its motion for summary judgment, RMB argued that plaintiff could not establish that the products he purchased contained asbestos. In response to the summary judgment motion, plaintiff submitted several declarations regarding the types of products RMB’s client sold and the types of products purchased for use at plaintiff’s construction sites. Plaintiff also submitted his own declaration stating his certainty that he used asbestos-containing products supplied by RMB’s client.

In Wood Park Terrace Apts. v. Tri-Vest, LLC, 254 Or App 690 (2013), the Oregon Court of Appeals upheld a trial court ruling dismissing a negligent construction claim as time-barred due to a contractual accrual clause. The Court of Appeals affirmed that parties may contractually agree on a date of accrual for causes of action, including non-contract causes of action. The contractual accrual clause in the general contractor-plaintiff contract provided:

The court of appeals issued an important decision about the ten-year statute of repose in ORS 12.135.  In PIH Beaverton, LLC v. Super One (http://www.publications.ojd.state.or.us/docs/A142268.pdf), the court limited ORS 12.135 as to claims against property owners, but also expanded ORS 12.135 to include third-party indemnity claims.

Rizzo Mattingly Bosworth PC has been recognized by the Oregon State Bar Sustainable Future Section as a “Partner in Sustainability.” The Section created the “Partners in Sustainability Program” in 2012 in order to encourage law firms of all sizes to adopt sustainable office practices and to honor those firms that satisfy the Section’s criteria for sustainable office practices.  “The Oregon State Bar has embraced sustainability and law firms in Oregon are following suit.  It is encouraging that the legal profession is making changes to promote more office practices that conserve resources and show an awareness of the impact of the legal profession on the environment.  Partners demonstrate a commitment to sustainability by incorporating sustainability into their office culture and practices,” says Section Executive Committee member Michelle Slater. The Program’s criteria for designation as a “Partner in Sustainability” require that the law firm adopt an office sustainability policy and implement an internal education program.  The Program also has criteria related to paper management, energy and water reduction, waste and toxics reduction, transportation energy reduction, and sustainable purchasing. “Cultivating a sustainable practice has been a top priority for us at RMB. Sustainability comes not only from the relationships we build, but through the resources we conserve in our day-to-day operations. Being named a ‘Partner in Sustainability’ is exciting – it’s both an honor and a motivator to keep striving. We know the bar will keep rising, and you can count on us to keep striving to exceed it,” said Claude Bosworth, Shareholder.

After a long, drawn-out battle in the trial court, Michael Mattingly and Allen Eraut won a summary judgment motion in favor of a national pump manufacturer. The plaintiff had sued for damages resulting from asbestos exposure during the plaintiff's naval service four decades ago. In the appeal, the plaintiff argued for an expansion in the seminal asbestos cases, Simonetta v. Viad and Braaten v. Saberhagen, which would have significantly broadened defendants' liability for asbestos exposure. The plaintiff argued that the pump manufacturer's drawings and schematics of its pumps that listed parts such as gaskets and packing constituted a specification by the manufacturer for the Navy to use asbestos parts. The court of appeals did not agree, stating that plaintiff's theory was not compatible with the principles stated in Simonetta and Braaten. RMB's recognition that the plaintiff had failed to adequately preserve plaintiff's other primary argument on appeal hamstrung plaintiff's remaining chances for a successful result. You can see the full opinion affirming the summary judgment here. RMB worked closely with Laurie Hepler at Carroll, Burdick, & McDonough on the appeal.

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