The plan has been in place for a while. Still, I have avoided thinking about this last blog post. For many reasons–mostly related to age and stage and needs–Paul & Sugerman, PC ended its operations today, December 31, 2009. This is a quiet farewell.

The firm started in 1991, when two well-meaning, youthful friends resolved that working for other lawyers invariably came to a bad end.  And so we set out.

A small law firm spanning nearly two decades is a rare thing these days. We both have stories, with plenty of laughs, a few tears, big victories and tough losses.  We had a good run that lasted 19 years. Over that time, David Paul and I were privileged to work for consumers, children, workers, and small businesses.

The good news is that our work will continue.  David Paul and I will open our solo practices in the same office in downtown Portland.  As one of our street musicians used to bellow to passing crowds, “Thank you very much. It’s great to be back at the corner of 6th and Alder.”  Like a bad comedian, we’ll be there all week.

Find out more about David Paul’s solo practice by going to davidpaullaw.com. Find out more about my solo practice by going to davidsugerman.com.

So for those who follow this blog, it will continue at davidsugerman.com. I’ll be getting back to regular updates once we get the bugs out of the new web page.  Other than an ocassional update linking to the new blog, this one is going inactive after today.

Thanks-

David Sugerman

Here’s the update on Oregon National Guard soldiers case against KBR. By way of background, members of the Oregon National Guard who served in Iraq in 2003 were exposed to sodium dichromate while protecting KBR employees at the Qarmat Ali water treatment plant. We filed the case this summer.

It has grown. We filed an amended complaint a few weeks ago. I’m still having problems with uploads, so I can’t seem to get the pdf to load. Apologies. Once we get the bugs ironed out, I’ll update.

For those tracking this case, it’s Bixby, et al v. KBR, U.S. District Court Case No.  3:09-CV-632-PK (D. Or.)  The other update is that the KBR defendants have filed a motion to dismiss for lack of personal jurisdiction.

Jurisdiction is one of those dry but important issues.  KBR believes that it should not have to defend this case in Oregon. We’ll be doing discovery over the coming month and then responding and should have a ruling in late fall.

David Sugerman

Fairly comical story here about how the U of Oregon Ducks Ultimate Frisbee team got banned from competition. It seems that the wild things were into naked ultimate, as well as drinking, and speeding. They were playing for the national title, so it’s actually a major loss.

Full disclosure: I was a third-rate ultimate frisbee player back in the Pleistocene era of my school days. Our team, The Ultimate Menace, never threatened to play for a national title. But to our credit, we always kept our pants on.

The Ducks’ co-captain’s attitude–What the heck is wrong with driving fast, drinking and public nudity?–probably didn’t help in presenting the team’s case. Chalk it up to youth and teachable moments, I guess.

The story has generated a lot of laughs in my office and at home over coffee today. It can’t help but make me want to track down some of the people I used to play to share the mirth. There’s a tinge of sweetness to it, as anyone of a certain age can’t help but smile and remember their own youthful indiscretions.  Fortunately, mine weren’t newsworthy.

David Sugerman

The first video of President Obama’s first day at work. This is a new deal for all of us. Please enjoy viewing it. http://www.youtube.com/watch?v=72g7qmeP1dE.

We are at the dawn of an era where Freedom of Information will mean what it says. For me, and my clients, this is a breathtaking change. An announcement that the law which allows public access to government decision making will be followed by federal agencies.  My case load has always included this type of litigation. I will be anxious to see how the Oregon courts handle similar issues. There are several pending cases including a case for The Oregon Center for Environmental Health. Stay tuned for the next seven years and 364 days and hope for greatness.

David Paul

Ack! The year is coming to a close, and my to-do list remains largely undone. So a few things still before I call it done.

Most important is wishing all a happy and healthy year. I think we’re all in a hurry to call 2008 done. It’s been such a profound challenge for our America.

The good news is that eight years of contempt for the rule of law did not destroy the American experiment.  The better news is that a man of competence is poised to take over leadership. I don’t expect any miracles, but I still have a few modest hopes. No sense in setting them out here. Writing it down invariably sets up disappointment.

I’ll be back at it after the holiday. Meanwhile, thanks for your support.

David Sugerman

The Oregoninan  recently covered an issue that is “leaving”  me a little preplexed. Sam Adams would like to tax those neighborhoods that accumulated leaf piles on the street for public street cleaning. The neighborhoods are those with extra-large trees. That issue is subject to controversy. We all pay, but not all neighborhoods are covered. I think the issue is important to discuss, but in the meantime…those folks who pile all their leaves in the area adjacent to the curb, but in the street should be aware they create a big slippery obstacle for bicyclists. So, for now, if you pile the leaves there, wait until you are advised that the city is ready to pick them up … leaving the leaves there for days and days just creates too many places for bikes to get into traffic conflicts or injure folks who are riding.

David Paul

Oh bother! Looks like my overzealous handling of Wordpress comment management systems led me to delete a number of comments.  The problem arises because I literally get showered with spam comments. And if I don’t screen them, you’ll get to see all sorts of offers for miracle cures, nasty pictures, and the like.

I am especially apologetic to readers who commented and whose comments were deleted. Regardless of whether we agree or whether you think I’m nuts, I would never intentionally delete or not publish a legitimate comment.  I guess I’ll need to be more careful in the future.

Thanks for your understanding.

If any of my smart readers have a legal and effective means of dealing with spam comments, I’m all ears. I’m reluctant to close comments or refuse to take them. But I may have to go there.  Seriously, if you have real suggestsions, please feel free to email me. Mine is dfs[with the universal sign here--choke on this, bot swine--for "at"]pspc.com.

David Sugerman

They say that no good deed goes unpunished. After being gone for a week, I came back to a flood of comments from evil spammers. Great way to spend Sunday…read and delete, repeat, etc.Going back, I found several previously published comments that now look like spam. So they’re gone, too. Sorry if I deleted a comment that was in fact legit. I’m a firm believer in posting all real comments, regardless of whether they’re fans, critics or just plain enlightening. So this is my sort of lame apology if I went too far.

And as for evil spammers, well, I’m not sharp enough with the invective to nail you right this second, and more to the point, direct love notes would simply fuel your vile lives.

Vacation is over…I’ll be back on this week.
David Sugerman

This news article seems so appropriate for an Earth Day item. The U.S. Attorney in Oregon announced a major victory in a case against a tenant of our own local port. That’s right. The port, a public body, leases a portion of the Port of Portland to a company called Kinder Morgan.

Kinder Morgan imports and exports stuff. Tons of stuff.  Stuff that gets in the river but should go to toxic waste dumps. Stuff that accumlates in piles. Stuff like potassium chloride or potash.

Ships hold a lot of this fluffy stuff. Rail car loads full of stuff disappear into these ships. As the ships go down the river, and out to sea, there is a problem if the stuff is spilled into the ocean. There is also a bigger problem if it is intentionally piled on deck and washed overboard.

Well, it ends up one heroic long shoreman in town got tired of seeing the stuff mishandled. In at least one case (that we know of at this time) Kinder Morgan personnel allegedly piled stuff on the deck, not in the holds. Then, when the ship got down the river, the crew simply washed the potash off as the ship entered the sea.  At least that is what the U.S. Attorney felt it could prove.

There were witnesses. There was proof.  The charges accused the company of violating laws prohibiting ocean dumping.   So much proof that the company actually pled guilty!
Now they must pay a little bit. The total fine… $240,000.

Oh and in the interest of full disclosure, I previously filed and settled a federal case on behalf of the Oregon Center for Environmental Health that accused the same folks, Kinder Morgan, of violations of the Clean Water Act. To settle that case we required that Kinder Morgan achieve dramatic reductions of the emissions of soda ash from the facility at Terminal 4 here in Portland. That made my clients feel that we accomplished something for the environmental protection of our neighbors in North Portland and elsewhere.

Here is a link to the little story in the paper.  link

Next time you think no one is looking, remember folks like longshoreworkers have eyes. And they know whom to call.
Earth day is just a little sweeter this year. Hope you enjoy it.

David Paul

PAUL & SUGERMAN, PC.

Hi Friends:

Just because I run a full-time law practice, does’nt mean I should forget a [free] special event that all of you may be interested in seeing this weekend. The Better Living Show link is taking place at the Expo Center starting right now at noon today (3/28) and going through sunday (3/30) at the Expo Center. The reason this comes to mind is that this exposition will include green transportation, food, fashion, kid events, government efforts on sustainability and more. I like green. So here I go, off to staff a booth.

The Oregon Center for Environmental Health link2, of which I am a founding board member, will be there. We will be introducing our kewel new latex-free rubber ducks!

So, if your plans for organic gardening are taking a spring break until the snow stops, come on by and we can hook you up with a non-toxic rubber ducky. That sounds like a little light fun and some very interesting information on sustainable and healthy living, right here in river city…or is that snowy city? or rainy city?

Regards and see you at the expo center this weekend. Take MAX!

David Paul