Recent NEWS

Relevant News and Updates 


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!

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