Cody Hoesly’s Amicus Brief Praised by Oregon Court of AppealsMay 14, 2021
Larkins Vacura Kayser attorney Cody Hoesly’s amicus curiae brief was praised by the Oregon Court of Appeals in Hernandez v. Catholic Health Initiatives, 311 Or App 70 (2021). The court interpreted ORS 659A.030(1)(g), which prohibits “any person, whether an employer or an employee,” from aiding and abetting unlawful employment practices. Relying on the “detailed tracing of the history of ORS 659A.030(1)(g), including copies of primary source materials”--such as mid-20th century newspaper and law review articles, and Oregon and New York laws and legislative history—the court held that the statute applies to “any person,” not just employers and employees. In doing so, the court rejected the contrary rulings in several cases from the United States District Court for the District of Oregon, explaining that the district court “may not have had the extensive information about ORS 659A.030(1)(g)’s enactment history and the role of the statute revision council with which we have been supplied.” LVK filed the amicus brief on behalf of the Oregon Trial Lawyers Association.