Practice Areas

Litigation & Dispute Resolution

Practice Summary

For over 30 years, Brad has assessed and managed clients' risks and successfully litigated cases involving such diverse matters as business disputes, product liability, personal injury, insurance coverage, class actions, environmental matters, wage and hour and other employment issues, and real estate disputes.  He is skilled at developing clear and compelling trial strategies, and has a quiet confidence that puts his clients at ease.  

Brad considers his clients' business objectives and financial considerations when collaborating on litigation strategy. He has extensive courtroom experience and has tried many cases. Brad will be an aggressive advocate when necessary, or can use his considerable negotiation skills to broker a settlement. 

He is a recognized leader in ski area and recreational product liability defense, and past president of the Association of Ski Defense Attorneys. Brad understands all aspects of the ski industry, and actively participates in all industry meetings of consequence in the Pacific Northwest. He was awarded the 2008 Industrial Strength Award by the Pacific Northwest Ski Areas Association, a prestigious honor presented to individuals who have made a significant contribution to the Pacific Northwest ski industry.

Representative Matters

Personal Injury/Recreational Products Litigation
 
DeWolf v. Mt. Hood Ski Bowl - Multnomah County Circuit Court. Successful defense of major ski area in a $4.6 million wrongful death case. Jury verdict for defendant.
 
Mitchell v. PacifiCorp, et al.Superior Court of Washington, County of Benton. Defense of major utility company in litigation regarding personal injury by electrocution.
 
Svitek v. Nidecker - Multnomah County Circuit Court. Obtained a defense verdict in a $16 million products liability case against a Swiss snowboard manufacturer - the first case of its kind to go to trial in the United States.
 
Logeais v. Mt. Hood Ski Bowl - Clackamas County Circuit Court.  Successful defense of major ski area against claim of negligence. Jury verdict for defendant.
 
Hendricks v. Mt. Hood Meadows - Multnomah County Circuit Court. Successful defense of major ski area against claim of negligence. Jury verdict for defendant.
 
Everett v. RLK & Company - Multnomah County Circuit Court. Obtained summary judgment on behalf of Timberline Lodge in $1.5 million negligence case. Summary judgment affirmed on appeal.
 
Wallace v. Mt. Hood Meadows - Multnomah County Circuit Court. Successful defense of major ski area against claim of negligent ski instruction. Jury verdict for defendant.
 
Carson v. Mt. Hood Meadows - Hood River County Circuit Court. Successful defense of major ski area in claim arising out of chairlift loading accident. Jury verdict for defendant.
 
Acocella v. Bieffe Helmets SRL - Lane County Circuit Court. Successful defense of major foreign motorcycle helmet manufacturer in $21.5 million product liability claim. Jury verdict for defendant.
 
Mitchell v. Mt. Hood Meadows - Multnomah County Circuit Court. Successful defense of major ski area in $2 million negligence claim. Jury verdict for defendant.
 
Stiles v. Freemotion - Hood River County Circuit Court. Successful defense of snowboard distributor in products liability case. Jury verdict for defendant.
 
Commercial Litigation
 
Pacific Phoenix Forest Products v. St. Helens Community Federal Credit Union - Defense of financial institution in ongoing litigation regarding breach of contract. Counterclaims for damages under breach of loan agreement and third-party complaint for breach of guaranty.
 
Portland 76 v. Unocal - U.S. District Court. Successfully co-plaintiffed a major antitrust and breach of contract case against a major oil company. Resulted in verdict of $6.9 million.
 
Cascade Corp. v. American Home, et al. - Multnomah County Circuit Court. Represented one of several parties in a 2½ month long jury trial regarding insurance coverage for environmental pollution. Favorable ruling.
 
Stein v. Burt & Vetterlein - Multnomah County Circuit Court. Obtained court finding that sale of stock was commercially unreasonable.
 
Westside Internal Medicine v. Gearhart - Arbitration. Successful defense of physician against breach of employment contract claim. Also obtained award on counterclaim for failure to pay bonuses.
 
Real Estate Litigation

PacifiCorp v. Motes - Jackson County Circuit Court. Successfully prosecuted prescriptive easement claims and obtained favorable appellate ruling on issue of first impression.
 
Class Action Defense

Cortez v. Del Monte Fresh Produce - Multnomah County Circuit Court.  Defended national food processor in wage and hour class action brought by former employees.
 
Guadalupe-Segura v. Del Monte Fresh Produce - Multnomah County Circuit Court.  Defended national food processor in 1,800 member class action brought by former employees.  Favorable settlement after mediation.
 
Busch v. Protection One - King County (WA) Superior Court. Defended major alarm monitoring company in 6,000 member class action. Favorable settlement after mediation. 

Education

University of Washington School of Law (J.D. 1985)
University of Oregon (B.S. 1981)

Admissions

Oregon State Bar
Washington State Bar
U.S. District Court
     District of Oregon
     Western District of Washington
U.S. Court of Appeals, Ninth Circuit 

Associations

Litigation Counsel of America  
Oregon Association of Defense Counsel
Federation of Defense and Corporate Counsel
Pacific Northwest Ski Areas Association (PNSAA)
National Ski Areas Association (NSAA)
Association of Ski Defense Counsel (ASDA)
Multnomah Bar Association

Awards

Martindale-Hubbell AV® Preeminent™ 5.0 out of 5 Peer Review Rated 

Selected to the Oregon Super Lawyers list for thirteen straight years (2006-2018) for commercial litigation

Selected by his peers for inclusion in Best Lawyers in America® 2016 - 2023 in the fields of Commercial Litigation, Product Liability Litigation - Defendants, and Personal Injury Litigation - Defendants, and Best Lawyers in America® 2024 for Litigation-Insurance

Speaking Engagements

Brad speaks frequently on litigation, risk management, and other issues relevant to clients and professional groups, including the Pacific Northwest Ski Areas Association and various ski areas.