Trial
Cheryl Pellegrini, Chief Trial Counsel
Sheila Potter, Deputy Chief Trial Counsel
Paula Heusinkveld, Management Assistant
The cases assigned to the Trial Division cover a wide variety of subjects, including:
- Negligence and other tort claims for money damages
- Breach of contract and commercial actions
- Suits for declaratory and injunctive relief
- Employment-related claims
- Taking of private lands for governmental purposes (condemnation)
- Natural resources and environmental law cases
- Constitutional challenges to laws and government programs
- Inmate civil rights and collateral challenges to criminal convictions (habeas corpus and post-conviction relief)
Organizational Structure
The Trial Division is organized into the four sections described below. Attorneys and staff are assigned to work primarily within one section, but cases may be handled by teams that cross section lines. The division also has four full-time investigators available to work on case investigations for any of the sections. The sections are:
- Commercial, Condemnation, and Environmental Litigation (CC&E). David L. Kramer, Sr. Litigation Counsel. CC&E defends a wide variety of construction, contract, commercial, land use, and administrative law claims, and it represents the State as plaintiff in condemnation cases. In addition, the section represents the State's interest in natural resources, forestry, water rights, and other cases arising under state and federal environmental laws.
- Criminal and Collateral Remedies Litigation (CCR). Lynn Larsen, Attorney-in-Charge. CCR defends against collateral attacks to criminal convictions brought under Oregon's post-conviction relief statute, and state and federal habeas corpus laws. These cases typically involve issues of constitutional law and criminal procedure.
- Special Litigation Unit (SLU). John Dunbar, Attorney-in-Charge. SLU handles a wide variety of specially-assigned cases, including constitutional challenges to state laws and programs, class action lawsuits, and other cases that challenge the institutions and operation of government. Cases assigned to SLU typically involve politically-sensitive subject matters and are likely to lead to an appeal. SLU also represents the State as plaintiff in selected cases (such as Oregon's challenge to the US Attorney General's effort to override Oregon's Death With Dignity Act).
- Torts and Employment Litigation. Leonard Williamson, Attorney-in-Charge. The Torts and Employment Litigation Section (TELS) defends the State, its officials and agencies in a wide variety of tort and employment cases brought in state and federal courts as well as civil rights claims brought by inmates in the State's correctional institutions. Most of the torts cases are governed by the Oregon Tort Claims Act. The section also defends claims asserted against the State as an employer, including claims for wrongful termination, discrimination, sexual harassment, and violation of Oregon's "whistleblower" laws. The attorneys and staff in TELS work in trial teams designed to maximize their effectiveness in defending the State's interest. Many of the cases handled by Torts and Employment present disputed factual issues that are ultimately resolved through jury trials.
