BodyFelt Mount

Federal Court Judge Owen M. Panner granted summary judgment for the firm’s client in a breach of contract dispute arising out of a so-called “Mary Carter Agreement” in underlying litigation. The plaintiff filed suit followed by a motion for summary judgment. On behalf of our client, the firm filed a cross motion. After oral argument, Judge Panner handed down a written decision denying the plaintiff’s motion and granting the motion in favor of the firm’s client on the theory of reformation. Congratulations to Molly, Deanna and Pam who brought this matter to a favorable resolution!

Molly Jo Mullen and Pam Stendahl defended a fitness facility in Medford, Oregon, in a personal injury lawsuit. They were initially successful in enforcing an arbitration clause contained in the fitness facility’s membership agreement and had the case moved from Jackson County Circuit Court into private arbitration. Former Court of Appeals judge, Mary J. Deits, served as arbitrator. Molly and Pam then filed a motion for summary judgment based upon a release of liability contained within the membership agreement. Judge Deits agreed that the agreement was enforceable and the release language was clear. Judge Deits followed the Oregon Court of Appeals’ decisions in which waivers or releases of liability have been enforced in recreational settings.

In a recent case before the Washington Human Rights Commission (HRC), the HRC agreed with Pam Stendahl’s argument and found in favor of the firm’s client when it found no reasonable cause for the charge. In this case, a former employee of the firm’s client, who was over 70 years old, alleged she was terminated due to her age. She alleged that her former position was filled by a much younger employee. The HRC found insufficient evidence of discrimination because the employer articulated a legitimate, non-discriminatory business reason for the termination. The HRC’s investigative finding noted that the employee was terminated for “major performance problems.”

Deanna Wray is on a three month sabbatical and will be returning in late August. We wish her plenty of relaxation and fun.

Diana Federoff and Bryana Sack participated in the Multnomah County Bar Association’s event at the Oregon Humane Society. They volunteered their time to help the organization and the animals.

Micah Steinhilb joins Bodyfelt Mount as an associate.  Micah comes to us after graduating from  Lewis & Clark Law School and clerking for the Honorable Rex E. Armstrong of the Oregon Court of Appeals.  We are excited to welcome Micah to our team.

The Court of Appeals agreed with our client in the medical negligence case Eads v. Borman et al., ___ Or App ___ (March 17, 2010).   On behalf of the firm’s client, Pam Stendahl briefed and argued that medical practitioners were not the actual or apparent agent of the landlord such that the landlord could be held vicariously liable for the medical practitioners’ negligence.  Congratulations Pam.

Team Bodyfelt 2010

Bodyfelt Mount bowled a perfect game at the MBA Wintersmash.  Well, not really, but we did win the Best Bowling Shirt Award and everyone had fun.

Deanna Wray and Bryana (“Bree”) Sack showed their construction skills during the Women Build with Habitat for Humanity.  They participated in a crew of women volunteers to build a home in partnership with a Habitat family.

Bodyfelt Mount launches its redesigned webpage. Our hope is that the webpage illustrates the firm’s commitment to legal practice and showcases the remarkable people at the firm.