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Larkins Vacura Kayser Prevails in Franchise DisputeOctober 7, 2019
Larkins Vacura Kayser attorney Cody Hoesly prevailed before the Oregon Court of Appeals in Pride Disposal Co. v. Valet Waste LLC, 298 Or App 751 (2019). Affirming the trial court’s grant of summary judgment in favor of our client, Valet, the Court of Appeals held that Valet’s business of taking trash from tenants’ apartments to on-site compactors at apartment complexes does not constitute “collection” or “transportation” of waste under two municipal codes, such that Valet does not violate a waste hauler’s exclusive franchise. The court explained that, in context, the terms “collection” and “transportation” mean taking waste from the compactor and driving it to the dump or other authorized facility. Larkins Vacura Kayser attorneys John Dunbar and John Rake were …
Former LVK Partner Danielle Hunsaker Nominated for Ninth CircuitAugust 29, 2019
The attorneys and staff of Larkins Vacura Kayser are honored and delighted that our former partner Danielle Hunsaker, currently Chief Judge of the Washington County, Oregon, Circuit Court, has been nominated for a seat on the federal Ninth Circuit Court of Appeals. The Ninth Circuit, headquartered in San Francisco, covers nine western states, including Oregon and Washington, as well as two Pacific Island jurisdictions.  Along with the other federal circuit courts of appeals, the Ninth Circuit is below only the U.S. Supreme Court in our federal court system. Judge Hunsaker joined LVK as an associate attorney in 2009, following clerkships with Judge Paul J. Kelly, Jr. of the Tenth Circuit Court of Appeals, Judge Michael W. Mosman of the U.S. District …
Larkins Vacura Kayser Investigating Claims by American Eagle Mortgage Investors As a Result of American Equities ReceivershipAugust 20, 2019
If you invested in an American Equities fund (including mortgage investment funds beginning with an “American Eagle Mortgage” label) and you are interested in learning more about possible claims and remedies you may have, please contact Larkins Vacura Kayser.  American Equities, Inc. and its affiliated American Eagle Mortgage funds were placed in receivership in May 2019 based on management’s revelation that the funds’ collective liabilities exceeded their assets by over $42 million.  Under the terms of a receivership process, a court-appointed official (the “receiver”) takes control of the company in order to investigate its assets and liabilities and develop a plan, subject to court approval, to liquidate the assets and repay creditors and investors.  Given the finding of a significant …
Larkins Vacura Kayser Represents Oregon Attorney General Sexual Assault Task Force in Oregon Supreme CourtAugust 20, 2019
Larkins Vacura Kayser attorneys Kelsey Benedick and John Rake recently provided pro bono representation of the Oregon Attorney General’s Sexual Assault Task Force (“SATF”) in submitting an amicus curiae brief to the Oregon Supreme Court in MAB v. Buell, 296 Or App 380 (2019).  The underlying case addresses the standard for issuing a restraining order under Oregon’s Family Abuse Prevention Act and in particular what evidence can create an “imminent danger of further abuse.”  SATF’s brief supplies crucial information related to characteristics of domestic violence associated with increased lethality risks to survivors, and argues that the Court of Appeals’ decision in Buell could hinder the ability of domestic violence survivors to obtain restraining orders following separation from an abuser, which …
Larkins Vacura Kayser Attorneys Again Recognized as Oregon Best LawyersAugust 15, 2019
Larkins Vacura Kayser is pleased to announce that Bill Larkins, Julie Vacura, Chris Kayser, John Dunbar, and Cody Hoesly were again recognized as Best Lawyers in Oregon in the 2020 Edition of Best Lawyers. Julie was also named the 2020 Lawyer of the Year for Banking & Finance Litigation in Oregon. The rankings are based on peer selection. Bill Larkins has been ranked a Best Lawyer since 2014 and is recognized in the fields of Commercial Litigation and Banking & Finance Litigation. In 2018, Bill was named Lawyer of the Year for Banking & Finance Litigation in Oregon Julie Vacura has been ranked a Best Lawyer since 2011 and is recognized in the fields of Commercial Litigation, Banking & Finance Litigation, and …
Larkins Vacura Kayser Attorneys Again Recognized as Oregon Super LawyersJuly 5, 2019
Larkins Vacura Kayser is pleased to announce that Julie Vacura was recognized as one of the Top 50 lawyers in Oregon, and one of the Top 25 women lawyers in Oregon, in the 2019 issue of Oregon Super Lawyers. The firm is also pleased to announce that Bill Larkins, Chris Kayser, John Dunbar, and Cody Hoesly were also again recognized as Super Lawyers, signifying their place in the top 5% of all lawyers in Oregon. Finally, the firm is pleased to announce that Bridget Donegan and John Rake were again recognized as Rising Stars, signifying their place in the top 2.5% of all Oregon litigators under 40 or in their first 10 years of practice. The rankings are based on …
Larkins Vacura Kayser Prevails in $750,000 Real Estate DisputeMay 15, 2019
Larkins Vacura Kayser Attorneys Bridget Donegan and Hopi Ruplin recently won a defense verdict for a home seller who was sued for fraud after his real estate agent whited out his disclosure forms that were given to the buyers. After hearing a week of testimony, the jury found that there had been no fraud. On a separate claim for consumer law violations, the buyers asked for $250,000 plus $500,000 in punitive damages. The jury awarded the buyers $3,000, and rejected their punitive damages claim in less than 15 minutes.
Larkins Vacura Kayser Investigating Claims by GPB InvestorsApril 26, 2019
If you invested in a GPB Capital Holdings fund and are interested in learning more about possible claims and remedies you may have, please contact Larkins Vacura Kayser.  GPB Capital Holdings, LLC is facing serious allegations of wrongdoing from authorities and individuals alike.  The company is currently under investigation by the SEC, FINRA, the FBI, and a number of state and local authorities and regulators.  In addition, there are already multiple lawsuits underway against GPB Capital Holdings, including allegations by former GPB Holdings Operating Partner Patrick Dibre that GPB was operating as a Ponzi scheme, “GPB paid its investors significant returns based upon falsified financial information,” and GPB had to “implement a different investment methodology than the one disclosed to …
Julie Vacura at Women’s Trial AcademyApril 8, 2019
Julie Vacura led a session on direct examination at the 2019 Rothauge Women’s Trial Academy on April 5. The Women’s Trial Academy is a practice course designed and taught by women to help trial lawyers enhance skills in a small, collaborative group setting. The session addresses some of the unique challenges women face in the courtroom.
Julie Vacura Presents Summary Judgment CLEMarch 7, 2019
Julie Vacura made a presentation about Summary Judgment on March 7, 2019 for the Multnomah Bar Association Young Litigators Forum. The Young Litigators Forum is a series of weekly, one-hour seminars on litigation issues geared towards members who are new to the practice of law.
Larkins Vacura Kayser Awarded for Supporting Legal Aid Funding in OregonFebruary 21, 2019
Larkins Vacura Kayser is a proud supporter of the Campaign for Equal Justice (CEJ), an organization devoted to supporting legal aid programs for low-income and elderly Oregonians. At its annual awards luncheon, CEJ again recognized Larkins Vacura Kayser as a Justice Council firm. This designation means that the firm’s per capita giving was between $301 and $499 for each attorney. In addition, CEJ recognized Bill Larkins, John Rake, and Hopi Costello Ruplin for their service on CEJ committees formed to create and reinforce support for access to justice in the legal community.
Bridget Donegan Presents E-Discovery CLEFebruary 21, 2019
Larkins Vacura Kayser attorney Bridget Donegan taught a CLE on E-Discovery law and practice for the Multnomah Bar Association on February 20, 2019. The presentation focused on emerging case law and best practices for effectively and efficiently managing discovery of electronic records in federal and state courts.
Larkins Vacura Kayser Defeats $50 Million Damages Claim Against Bank ClientFebruary 13, 2019
Larkins Vacura Kayser attorneys Cody Hoesly and Bill Larkins recently obtained the dismissal with prejudice of a $50 million damages claim against our client, a bank. Fourteen Oregon counties sued our client, along with several other banks, and Mortgage Electronic Registration Systems, Inc. (MERS), alleging that the defendants had conspired to defraud the counties of fees charged for recording mortgage assignments. The counties argued that the defendants recorded mortgages that falsely identified the beneficiary as MERS, which allowed the defendants to sell the mortgages on the secondary market without recording mortgage assignments with the counties. Following the court’s dismissal of all but one of the counties’ claims, and the court’s entry of an order sanctioning the counties for discovery violations …
Bridget Donegan Selected for Uniform Civil Jury Instruction CommitteeJanuary 25, 2019
Larkins Vacura Kayser attorney Bridget Donegan has been selected to join the state bar’s committee that drafts the Uniform Civil Jury Instructions.  The committee strives to create clear instructions that correctly state the law in plain English as an aid and guide to courts and practitioners across the state. Bridget’s service will be guided by her experience trying several commercial and real property disputes to verdict.
Larkins Vacura Kayser Again Recognized as an Oregon Best Law FirmNovember 1, 2018
Larkins Vacura Kayser is pleased to announce that it was again recognized in the 2019 Edition of Best Law Firms in Oregon. The firm was named as a Tier 1 Best Law Firm in Commercial Litigation and Litigation – Banking & Finance, a Tier 2 Best Law Firm in Litigation – Antitrust, and a Tier 3 Best Law Firm in Litigation – Environmental and Litigation – Real Estate. The rankings are based on peer selection.
Cody Hoesly and Julie Vacura Teach CLEs on Dispositive Motions PracticeOctober 15, 2018
Larkins Vacura Kayser attorneys Cody Hoesly and Julie Vacura taught CLEs on dispositive motions practice in September and October 2018. Cody gave a presentation on Winning Dispositive Motions for the Multnomah Bar Association on September 27, 2018. The presentation focused on how to win on motions to dismiss and motions for summary judgment, whether by succeeding on one’s own motion or by defeating an opponent’s motion. Julie gave a presentation on Summary Judgment Motions Under FRCP 56 and ORCP 47 for the Oregon State Bar on October 11, 2018. The presentation focused on how to make effective written and oral arguments, with consideration of the differences between federal and state rules.
Larkins Vacura Kayser Prevails in FCRA DisputeSeptember 1, 2018
Larkins Vacura Kayser attorney Cody Hoesly prevailed before the U.S. Court of Appeals for the Ninth Circuit in Boydstun v. U.S. Bank, N.A. 726 Fed Appx 601 (2018). Affirming the district court judgment in favor of our client, U.S. Bank, the Ninth Circuit held that the Fair Credit Reporting Act applies only to consumer loans. The plaintiff owned a company that applied for a loan to buy a forklift; the loan was denied following the lender’s review of the plaintiff’s personal credit report. The Ninth Circuit explained that the lender’s decision to consult the plaintiff’s personal credit report based on his status as the owner of the company did not transform the company’s non-consumer application for a forklift loan into …
Larkins Vacura Kayser Attorneys Again Recognized as Oregon Best LawyersAugust 17, 2018
Larkins Vacura Kayser is pleased to announce that Bill Larkins, Julie Vacura, Chris Kayser, John Dunbar, and Cody Hoesly were recognized as Best Lawyers in Oregon in the 2019 Edition of Best Lawyers. The rankings are based on peer selection. • Bill Larkins has been ranked a Best Lawyer since 2014 and is recognized in the fields of Commercial Litigation and Banking & Finance Litigation. In 2018, Bill was named the Best Lawyer for Banking & Finance Litigation in Oregon • Julie Vacura has been ranked a Best Lawyer since 2011 and is recognized in the fields of Commercial Litigation, Banking & Finance Litigation, and Real Estate Litigation • Chris Kayser has been ranked a Best Lawyer since 2015 and is recognized in …
Larkins Vacura Kayser Attorneys Again Recognized as Oregon Super LawyersAugust 15, 2018
Larkins Vacura Kayser is pleased to announce that Julie Vacura was recognized as one of the Top 25 women lawyers in Oregon in the 2018 issue of Oregon Super Lawyers. The firm is also please to announce that Bill Larkins, Chris Kayser, John Dunbar, and Cody Hoesly were also recognized as Super Lawyers, signifying their place in the top 5% of all lawyers in Oregon. Finally, the firm is pleased to announce that Bridget Donegan, Zak Kearns, and John Rake were recognized as Rising Stars, signifying their place in the top 2.5% of all Oregon litigators under 40 or in their first 10 years of practice. The rankings are based on peer selection and an independent evaluation. • Bill Larkins has …
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