David Antal and David Chawes successfully represented ICT Group, Inc., a multinational call center and outsourcing company based in Pennsylvania, in an appeal of a default judgment awarding over $400,000 to a plaintiff who had fallen in a parking lot.  The Washington Court of Appeals, Division 3, ruled that the plaintiff had not properly notified ICT about the hearing to determine the amount of damages, and reversed and remanded the case back to the trial court for redetermination of the plaintiff’s actual damages.  The decision is significant because it is the first published case regarding Washington Civil Rule 55(f), which requires special notification of a hearing on damages to a non-appearing party when over a year has passed after the complaint is served.

In a significant reversal of prior lower court authority, the Washington Supreme Court presented builders with a game-changing ruling on December 24, 2009, holding that a contractual arbitration agreement affecting interstate commerce preempts and trumps the Washington Condominium Act (“WCA”).  In Satomi Owners Ass'n v. Satomi, LLC, Docket No. 80480-0, the Court held in 6-3 decision that construction defect disputes must be resolved by a binding arbitration provision formed pursuant to the Federal Arbitration Act (FAA), 9 U.S.C. § 2.  That section of the FAA requires preemption of the WCA’s judicial enforcement provision, RCW 64.34.100(2), including that statute’s provision for non-binding arbitration proceedings, if the transaction involves interstate commerce.

Preg O’Donnell & Gillett is pleased to announce that Alexander S. Wylie became a member of the firm effective January 1, 2010. Alex practices in Oregon and Southern Washington, working out of our Portland office. His practice focuses on the defense of personal injury, construction defects, and product liability cases. Alex is a graduate of the University of Oregon School of Law and has over eight years of litigation experience.

In Oregon’s ongoing construction defect wars, plaintiffs appear to have won the battle over the economic loss doctrine. The tort of negligent construction is all but confirmed by the Oregon Supreme Court. Harris v. Suniga, 344 Or. 301, 180 P.3d 12 (2008). After the Oregon Supreme Court’s Harris decision, the main question is, can Oregon construction professionals limit their liability through contract?

We are now located at:

1000 S.W. Broadway, Suite 960
Portland, OR 97205-3061

Our phone and fax numbers remain the same, which are:

Phone: (503) 224-3650
Fax: (503) 224-3649

Preg O'Donnell & Gillett, PLLC, is a Northwest civil litigation defense firm with 23 lawyers. POG lawyers have the experience, energy, and resources to handle a wide variety of litigation. Remarkably, POG lawyers have successfully tried six jury cases in the last 3 months.

Preg O'Donnell & Gillett is proud to announce that Gregory P. Fry and Jennifer K. Grossman have joined our firm as associates in our Portland office.

Greg, formerly with Wolf, Rifkin, Shapiro, Schulman & Rabkin in Las Vegas, Nevada, has over six years of civil litigation experience and is licensed to practice in Washington, Oregon and Nevada. His practice includes construction defect, personal injury and general litigation.

Bill Fitzharris has joined our firm in an Of Counsel status. Bill has been a shareholder at Kingman, Peabody, Fitzharris & Ringer for many years. He is a graduate of Dartmouth and Boston University School of Law. Bill's practice has been in Insurance Defense, Commercial Litigation, Product Liability, Insurance Coverage and Professional Malpractice. Bill has been very involved in the legal community, and is married to U.S. Federal District Judge Marsha Pechman.