Damis Jas J

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Law Offices of Judy Snyder

Labor & Employment Law Attorneys

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(971) 373-4409

1000 SW Broadway Ste 2400, Portland, OR 97205

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Neighborhoods: Downtown Portland, Neighbors West-Northwest
AKA: Damis, James J
Categories: Sexual Harassment Attorneys, Accident & Property Damage Attorneys, Attorneys, Criminal Law Attorneys, Domestic Violence Attorneys, Employee Benefits & Worker Compensation Attorneys

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Phone: (503) 226-7644

Address: 620 SW 5th Ave Ste 1010, Portland, OR 97204

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Damis Jas J

Fraud
Restraining Order
Provisional Remedies/Construction Lien Rights Preserved. Prior to the appointment of an arbitrator, a party may petition a court for provisional remedies as authorized in ORS 36.630(1). Accordingly, nothing in these rules shall preclude a party from seeking or utilizing any provisional process remedy or protective device described in Rules 79 through 85 of the Oregon Rules of Civil Procedure (or their federal statutory equivalents), including a restraining order, attachment, or appointment of receiver, to the extent any such remedy is allowed in the agreement upon which the party relies or is otherwise permitted by law, in order to permit such party to preserve property or to protect such party's interest pending the initiation and/or outcome of the arbitration, nor shall these rules preclude a party from filing a statutory construction lien or from commencing suit to foreclose such lien (provided that the trial of such foreclosure suit shall be stayed until the rendering of the arbitration award, which shall be binding in such foreclosure suit as to all matters determined in arbitration, and the lien may then be foreclosed to the extent permitted by law).

Business and Corporate Law

Corporate Law
Conclusion. The benefits of arbitration for the resolution of construction disputes are far greater than the litigative alternative. The construction lawyer should protect the client at the outset by crafting a predispute arbitration clause that will automatically ensure the resolution of any future dispute efficiently, fairly, and inexpensively. Arbitration clauses should also be utilized whenever appropriate in other agreements involving the construction industry, including partnership, joint venture, and shareholder agreements; agreements with consultants; employment agreements; loan agreements.
Business Formation
Types of Agreements Suitable for Arbitration Clauses. Nearly every business agreement is suitable for a predispute arbitration clause, including business formation agreements (partnerships, shareholder agreements, LLC's, joint ventures and property co-ownerships), loan and financing agreements, leases, commercial agreements, business-consumer agreements, sale agreements, construction contracts, insurance policies, escrow agreements, settlement agreements and employment contracts. The attorney should analyze the type of future disputes most likely to arise between the parties in connection with the proposed agreement. If the overall benefits to a client favor the use of arbitration, use whatever bargaining powers available to insist upon a predispute arbitration clause.
Business Disputes
This is a sampling taken from ASP's Business Law Panel of Portland attorneys, which illustrates the high quality of ASP's mediators and arbitrators and the type of biographical information supplied. ASP has over 400 arbitrators located throughout Oregon. A separate panel exists for each area of the law. In single arbitrator cases, ASP composes a list of six or more names. Each side may strike two names and number the others in order of preference. ASP selects the arbitrator from the unstricken names and in accordance with the parties' mutual preferences.
Construction Contracts
Additional Provisions to Consider. Customizing the arbitration clause for construction contracts will depend on such factors as the size, location, type and complexity of the construction project. Particularly when AAA has been designated, it is especially important to consider additional provisions, such as the following...
Trade Secrets
Intellectual Property

Workers Compensation
A: All contract, tort and statutory claims that an employee would be entitled to sue upon, including claims for wrongful discharge, sexual harassment, age, race and disabilities discrimination, wage claims, and claims based on state and federal statutes (such as the Civil Rights Act, the ADEA, and the A.D.A.). It is possible that Congress might remove some types of claims from arbitration clauses imposed by employers, but so far this has not occurred. Excluded are workers' compensation claims for compensable job injuries (covered by insurance or by self-insurance). Also excluded are a union member's claims based upon violations of a collective bargaining agreement.
Wrongful Termination
Types of Claims Covered. A properly drafted arbitration clause covers all contract, tort, and statutory claims that an employee would be entitled to sue upon, including claims for wrongful discharge, sexual harassment, age, race and disabilities discrimination, wage claims, and claims that arise under state and federal statutes (such as the Civil Rights Act, the ADEA, and the ADA). An arbitration clause will not cover workers compensation claims or compensable job injuries (covered by insurance or by self-insurance), and it will not cover a union member's claim based upon violations of a collective bargaining agreement. It is possible that Congress in the future might declare that some types of claims must be resolved by a jury trial, but so far this has not occurred. The Supreme Court made clear in Gilmer (infra) that an employee must show that Congress intended to preclude a waiver of the judicial forum for rights created by statute. Moreover, there is specific language by Congress in recent Acts that expressly encourages dispute resolution by arbitration and other alternative dispute resolution procedures (Americans with Disabilities Act, Section 5.3; Civil Rights Act of 1991, Section 118).
Employment Discrimination
Gilmer v. Interstate/Johnson Lane Corp., 111 S. Ct. 1647 (May 13, 1991): an employee's age discrimination claim (based on the federal Age Discrimination in Employment Act) was subject to compulsory arbitration because of a predispute arbitration clause and because of the requirements of the Federal Arbitration Act, which "manifest a liberal federal policy favoring arbitration agreements" (111 S. Ct. at 1651).
Employment Contract
Splitting the Baby and Other Unfounded Worries. An old fallacy (now heard less frequently) is that arbitrators give each side half a loaf. Although a jury must often broker compromises to reach a verdict, a good arbitrator does not split the baby. Statistics of the American Arbitration Association refute this old saw. Arbitration Service of Portland's awards reveal that over 80% of the awards are entirely (or almost entirely) in favor of one of the parties. Another unsupported fear is that claims against a business might increase because initiating an arbitration is so much easier and less expensive than filing a lawsuit. Not so, according to the experience of the Bank of America, which began using predispute arbitration clauses in loan agreements in California several years ago. (The use of arbitration clauses by banks nationwide has dramatically increased.) A large New York-California law firm conducted a survey of businesses that used a predispute arbitration clause in their employment agreements, and reached the same conclusion: There was no evidence that an arbitration clause resulted in an increase in claims. (That law firm believes that an employer's use of a predispute arbitration clause is one of the best ways an employer can protect itself and routinely proposes its use.)
Employment Litigation
No matter how carefully you operate your business, disputes are bound to occur, especially when the other side is being unreasonable. An important business planning goal is to ensure that your business and (non-union) employment disputes are resolved in the most cost-effective, fair, and efficient manner.
Sexual Harassment
Conclusion. As noted in a recent article from the New York Times, "more and more companies are requiring their employees to submit claims of discrimination, including sexual harassment, to binding arbitration." As employers learn that selecting arbitration is an everything-to-win-and-nothing-to-lose choice, using arbitration clauses quickly will become the norm. And not just in the employment context. Business and industry is increasing its use of arbitration and other alternative dispute resolution techniques in many different settings and for all the right reasons. Consider these observations by Warren Burger, former Supreme Court Chief Justice...

Real Estate Litigation
Because real estate disputes often involve complex factual and legal issues, arbitration's defining attribute also offers the most important benefit of all: the opportunity to select as the trier of fact and law a person who possesses high expertise in the subject area of the dispute and who is also intellectually able, conscientious, and impartial.
Construction Litigation
In spite of careful planning, skillful negotiation, and mediation, disputes in the construction industry will continue to occur and some will not settle. This article discusses the benefits of private arbitration for the resolution of construction disputes, the importance of predispute arbitration clauses, crafting appropriate clauses, and recommendations when an arbitration clause is incomplete or has been omitted. ("Private arbitration" means any arbitration conducted by agreement of the disputants and authorized by Oregon's version of the Uniform Arbitration Act (ORS 36.600-36.740) or the Federal Arbitration Act (9 USC Sections 1-14).)
Real Estate Transactions
Realtor associations throughout Oregon have collectively designed a printed form of a real estate sale agreement to facilitate sales of residential property and other real property. These form agreements include provisions that require the parties to resolve any future disputes by mediation or arbitration, rather than by formal court litigation. This section explains how those mediation and arbitration procedures work.
Land Use and Zoning
Property Damage
A bill for, or an estimate of, property damage on a letterhead or billhead. In the case of an estimate, the party intending to offer the estimate shall forward with the notice to the adverse party a statement indicating whether or not the property was repaired, and if it was, whether the estimated repairs were made in full or in part, attaching a copy to the receipted bill showing the items of repair and the amount paid.

Personal Injury
Areas of expertise: business, corporate, domestic relations, partnerships, probate, real property, employer/employee (both sides), personal injury (both sides), land use, environmental law.
Medical Malpractice
(former Circuit Court Judge in Clackamas County) Areas of expertise: business, construction, corporate, domestic relations; employer/employee, foreclosures, legal and medical malpractice, partnerships, real property, securities laws, land-use.

Trusts and Estates

Probate

Foreclosure
Arbitration Required/Mediation First Option. Any dispute or claim that arises out of or that relates to this agreement, or to the interpretation or breach thereof, shall be resolved by arbitration in accordance with the then effective arbitration rules of Arbitration Service of Portland, Inc. or the American Arbitration Association, whichever organization is selected by the party who first initiates arbitration by filing a claim in accordance with the filing rules of the organization selected, and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. The owner, the contractor, and all subcontractors, material suppliers, engineers, architects, designers, construction lenders, bonding companies, and all other parties concerned with or involved in the performance of the contract are bound, each to the other, by this arbitration clause, provided such party has signed this contract, or has signed a contract that incorporates this contract by reference, or signs any other agreement to be bound by this arbitration clause. This arbitration clause shall not preclude any party from filing a statutory construction lien or from commencing suit to foreclose such lien, but the foreclosure suit shall be stayed until the rendering of the arbitration award, which award shall be binding in such foreclosure suit as to all matters determined in arbitration, and the lien may then be foreclosed to the extent permitted by law. The parties acknowledge that mediation usually helps parties to themselves settle their dispute. Therefore, any party may propose mediation whenever appropriate through one of the above named organizations or any other mediation process or mediator as the parties may agree upon.

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