Description

Join the OADC Professional Liability Practice Group for Martineau I and II: Loss of Chance, Demonstrative Evidence, and Other Issues presented by Hillary Taylor and Alice Newlin.

The Martineau case paved the way for some loss of chance claims to be brought in wrongful death actions, though many questions remain about when and how the loss of chance theory fits into the wrongful death statutory scheme. The Martineau case also, less famously, sets straight some common misconceptions about demonstrative evidence and how to make a record for appeal. We will attempt to untangle some of the confusion around loss of chance and also highlight these other lessons from the Court of Appeals and Supreme Court in Martineau I and II.

Hillary Taylor, Managing Partner, Keating Jones Hughes, PC
Hillary Taylor is an accomplished appellate lawyer in state and federal courts in Oregon and Washington. Hillary’s practice focuses on professional liability defense. She regularly represents physicians and hospitals in medical malpractice litigation, health law, regulatory compliance (including HIPAA privacy), and legal malpractice defense. Hillary was selected as a Rising Star by Super Lawyers for several years and has now been recognized as a Super Lawyer. She enjoys advocating for her clients in trial and appellate courts, including on issues of significance by appearing on behalf of amicus curiae in the Oregon Supreme Court. While in law school, Hillary was the Managing Editor of the Willamette Law Review. After graduating from law school, Hillary clerked for the Honorable Timothy J. Sercombe of the Oregon Court of Appeals. She then worked at another Portland defense firm for joining Keating Jones Hughes in 2012. Hillary became a partner at Keating Jones Hughes, P.C. in 2017. Hillary has authored a chapter for the Oregon State Bar on Mandamus. She is a frequent speaker at continuing education programs about appellate practice, medical defense, HIPAA, and a variety of topics.

Alice Newlin, Of Counsel, Lindsay Hart, LLP
Alice focuses her practice on professional liability defense and brings a wealth of experience in appellate law to her cases. Alice’s practice includes insurance defense, medical malpractice, legal malpractice, employment law, premises liability, products liability, and commercial litigation. Alice hails from the Rocky Mountains, but has made her home in Portland for over a decade. She first fell in love with the Pacific Northwest during her undergraduate days at the University of Puget Sound, and was anxious to return after graduating from Michigan State University College of Law. Before embarking on her career in litigation, Alice clerked for the Hon. Timothy Sercombe on the Oregon Court of Appeals. She then spent several years practicing exclusively appellate law in Salem, handling over a hundred cases in the Oregon Court of Appeals and Oregon Supreme Court. Before joining Lindsay Hart, Alice worked for a Portland firm doing creditor’s rights, insurance defense, and products liability, where she appeared in state and federal court and handled appeals in both the Oregon appellate courts and in the Ninth Circuit. Alice is a member of the Oregon State Bar and serves on the Oregon Women Lawyers Transformation Committee and as Chair of the Oregon Association of Defense Counsel Women in the Law Committee.