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John Kaempf
P
503.224.5006
E jkaempf@brooksbykaempf.com
F 503.295.4090
John Kaempf defends civil litigation at the trial and appellate levels in Oregon's state and federal courts. He is a cum laude graduate of Lewis & Clark Law School. He is recognized as one of The Best Lawyers in America. He has also been honored as an Oregon "Super Lawyer," which recognizes the top 5% of attorneys, every year the award has been given. In addition, he has an AV Peer Review Rating with Martindale-Hubbell, an award that recognizes the highest level of skill and integrity.
John's representative clients include Jesuit High School, Multnomah Athletic Club, Oaks Amusement Park, The Oregon State Snowmobile Association, Rainier Economic Development Council, The International Church of the Foursquare Gospel, Grant Thornton LLP, College Health Enterprises, Pacific Intercultural Exchange, and many other businesses, insurers, and individuals.
His representative cases include the following:
Commercial and Employment Litigation
Represented Grant Thornton LLP, one of the country's largest accounting firms, in a month-long bench trial in Oregon state court where the plaintiffs sought $7,000,000 in damages for alleged negligence. The court ruled that Grant Thornton was not negligent.
Represented an investigator hired by Jesuit High School who was sued for alleged intentional interference with contractual relations in Oregon state court by a teacher terminated by the school as a result of the defendant's investigation of the plaintiff's conduct. The court granted summary judgment for the defendant, holding that he was not liable as a matter of law.
Products Liability
Obtained a summary judgment for defendant Philip Morris in federal court in a products liability action arising from an allegedly defective cigarette lighter. The District of Oregon dismissed the case based on the statute of limitations, and the dismissal was affirmed by the Ninth Circuit Court of Appeals. The case is reported as Cook v. Sibjet, et al., 2000 WL 33946062 (D. Or. 2000), affirmed, 44 Fed. Appx. 762 (9th Cir. 2002)
Personal Injury
Represented Burger King Corporation in a premises liability action where the plaintiff was severely injured at a Burger King restaurant. After a weeklong trial in Oregon state court, the jury returned a verdict in favor of Burger King, finding that it was not negligent.
Represented the defendant in a weeklong jury trial in federal court in a case where the plaintiff was severely injured while standing on the side of the Interstate 5 freeway when the defendant struck plaintiff with his vehicle. The jury reached a verdict for defendant, finding that, given the unexpected icy road conditions, defendant was not negligent.
Appeals
In 2011, the Oregon Court of Appeals upheld the jury’s decision to not award any noneconomic damages to the plaintiffs in a personal injury action where the plaintiffs suffered significant injuries in an accident with the defendant, John’s client. The court reversed the trial court’s decision to grant plaintiffs a new trial on the basis that an award of noneconomic damages was required. The court agreed with John that plaintiffs waived this argument because they did not request that the jury be instructed that they must award noneconomic damages. The case is reported as Estate of Ibarra v. Lilly, 245 Or. App. 294, 263 P.3d 1053 (2011).
In 2011, the Oregon Court of Appeals affirmed the summary judgment John obtained for his client, The Oregon State Snowmobile Association, in a
$15,000,000 wrongful death case where the plaintiff was severely injured while snowmobiling and later died. The court ruled that the lawsuit is barred by the "recreational purposes" immunity statute, which bars claims where a plaintiff is injured while recreating for free on land open to the general public for recreation. The case is reported as Stewart v. Kralman, et al., 240 Or. App. 510, 248 P.3d 6 (2011).
In
2007, John represented the Multnomah Athletic Club (MAC) in its successful defense
of a lawsuit brought by a club member expelled by the MAC who sought
readmission to the club. In July 2007, The Oregon Channel televised
John's argument of the appeal of this case. The Oregon Court of Appeals'
decision in the MAC's favor, which affirmed the trial court's dismissal of
the lawsuit against the MAC based on the statute of limitations, is published
as Wiederhorn v. Multnomah Athletic Club, 215 Or. App. 392, 170 P.3d 1
(2007).
In
2007, the Oregon Court of Appeals affirmed the summary judgment for
the clients John represented in J.S. v. Franciscan Friars of Oregon, et
al., 215 Or. App. 500, 170 P.3d 8 (2007), a case involving alleged child
abuse by a Catholic priest. The court upheld the trial court's ruling that the defendants were not vicariously liable for the priest's alleged abuse of the plaintiff, and that plaintiff's claims were barred by the statute of limitations because the alleged abuse occurred 50 years earlier.
In
2000, John represented a convenience store in its successful defense of a
lawsuit involving serious personal injuries that occurred when the plaintiff
fell on the premises. The Oregon Court of Appeals affirmed the trial court's
granting of summary judgment for the defendant, ruling that it was not
negligent as a matter of law based on the undisputed facts. The case is
reported as Andrews v. R.W. Hays Co., 166 Or. App. 494, 998 P.2d 774
(2000).
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Education & Honors
* Northwestern
School of Law, Lewis & Clark College - J.D.,
cum laude, 1992
* Portland
State University - B.S., Political Science, with honors, 1989
* Recognized as one of The Best Lawyers in America
* Oregon "Super Lawyer" every year the award has been given
* AV rated by Martindale-Hubbell
Bar Admissions
* State of Oregon
* U.S. Court of Appeals for the 9th Circuit
* U.S. District Court for The District of Oregon
* Supreme Court of The United States
Professional
& Civic Involvement
* Catholic
Charities, Board Member
(2007-2009)
* Catholic
Youth Organization - Camp Howard, Board Member (2006-2009)
* Young
People’s Theatre Project, Special Advisor (2001-present)
* Legal
Extern, Honorable Otto R. Skopil, Jr., U.S. Court of Appeals for the Ninth
Circuit, Fall 1991
* Multnomah
County Bar Association
* Oregon
Association of Defense Counsel (Practice Tips Editor, 2002-2008)
* Oregon
State Bar Association, Litigation Section
* Oregon
State Bar Board of Governors, Uniform Civil Jury Instructions Committee
(2004-2005)
* Oregon State Board of Bar Examiners, Summer 2000
Articles
& Presentations
* Speaker,
Oregon Association of Defense Counsel Fall Seminar (2005)
* Author,
"ORCP 54E Pretrial Offers to Allow Judgment - An Often Overlooked
Defense Tool," Oregon Litigation Journal (Summer 2004)
* Author,
"There is no Claim for Common Law Wrongful Death in Oregon," Oregon
Association of Defense Counsel Magazine (Summer 2004)
* Speaker,
Oregon Association of Defense Counsel Defense Practice Academy (2003-2005)
*
Author/Editor, "Practice Tips," Oregon Association of Defense
Counsel Magazine (2002-2008)
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