Edward McGlone Law Offices
Construction

Professional Regulation

Police Practices

Roadway Design and Maintenance

Davis v. County Of Clackamas Following an intersection accident, a motorcyclist sued the County claiming that a bush in the County right-of-way obscured the vision of the at-fault driver. Summary judgment was obtained by both defendants. That ruling was upheld on appeal in a landmark ruling on the Summary Judgment standards. (Clackamas County Circuit Court/Oregon Court of Appeals) (Link to CofA opinion)

Hightower v. State of Oregon and Clackamas County, et al & Hyland v. State of Oregon and Clackamas County Defended County against wrongful death action brought on behalf of two minors killed in a traffic accident at the intersection of Highway 211 and County Road 170. Plaintiffs claimed defects in the design, construction and maintenance of the intersection. Prevailed on summary judgment. (Clackamas County Circuit Court)

Equity

Kerr v. Miller Judicial foreclosure action brought on behalf of mortgagee who took possession under erroneous belief that he had properly foreclosed. Included claims for equitable relief to recover cost of substantial improvements to two properties made prior to learning mistake. Trial court granted judgment of foreclosure and allowed recovery of substantially all the amounts invested in the properties. Defendants appealed, resulting in a landmark ruling affirming the judgment. (Multnomah County Circuit Court/Oregon Court of Appeals) (Link to CofA opinion)

Ed McGlone has represented clients in state and federal

trial and appellate courts and before regulatory boards throughout Oregon and Washington for more than 25 years. Below is a sampling of representative cases.
(Click on each industry title bar to read about representative cases.)

Construction & Development

Condemnation

Employment

EEOC v. Swift Transportation Represented Swift Transportation in a nationwide class action alleging sex discrimination due to its policy of assigning same sex instructors for the over-the-road part of their training program. Obtained summary judgment on all claims for punitive damages. Worked closely with Swift's IT department to develop evidence that delay was insubstantial, resulting in a settlement that was over five million dollars less than the settlement reserve established by the client. (Federal District Court - Oregon) (Link to opinion) (Link to quote from 10k)

Kemp Diane A v. Clackamas County Defended the county in a whistleblower claim brought by a former librarian who had complained about failure to receive required breaks. Jury trial resulted in a defense verdict. (Clackamas County Circuit Court)

Matney v. Clackamas County Defended county against sexual harassment suit based on claim that county failed to take prompt remedial action by not reassigning harasser during investigation of plaintiff's complaint and by suspending, rather than terminating, the harasser following an earlier harassment incident involving a different victim. County contended it acted appropriately on both complaints. Jury trial resulted in defense verdict. (Federal District Court, Oregon)

Muzquiz v. Clackamas County Defended County in race discrimination, retaliation and due process claims brought by county employee under 42 USC § 1983, Title VII and state law following finding by labor arbitrator that due process violation had occurred. Claims were brought against the County and three supervisors. Rejecting the arbitrator's conclusions, the trial court granted summary judgment on the due process claims and to one supervisor. On interlocutory appeal, the Ninth Circuit dismissed a second supervisor. Jury trial resulted in defense verdict for all remaining defendants. (Federal District Court - Oregon, Ninth Circuit Court of Appeals) (Link to opinion)

Personal Injury

Hoke v. May Dept. Stores Co. Sued the parent company of the Meier & Frank Department stores on behalf of an underage woman who was sexually abused by a security guard who had detained her on suspicion of shoplifting. Obtained reversal of summary judgment in favor of the defendant from the Oregon Court of Appeals. Thereafter a confidential settlement was reached. (Multnomah County Circuit Court/Oregon Court of Appeals) (Link to CofA opinion)

Ludwig v. State of Oregon Following an auto accident, plaintiff was struck by a car while standing in the road resulting in permanent disability due to brain injury. Defended County in suit claiming that negligence of state and county law enforcement officers in controlling access to scene of first accident caused the injury. Trial jury returned a defense verdict. (Clackamas County Circuit Court)

Quackenbush v. Portland General Elec. Co. Defended Asplundh Tree Expert Co., a contractor of PGE, against action under the Employers Liability Act by the estate of a tree trimmer electrocuted while trimming a tree. The estate sued PGE and its contractor Asplundh, claiming failure to adequately trim the tree away from the power line so as to make it safe for the decedent to work in the tree. Representing Asplundh, obtained summary judgment from the trial court and successfully defended that decision on appeal. (Multnomah County Circuit Court/Oregon Court of Appeals) (Link to CofA opinion)

Zimmerman v. Mt. Bachelor, et al Represented plaintiff who received severe burns when the ground he was walking across collapsed due to an underground fire. A confidential settlement was reached. (Federal District Court, Oregon)

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