Penoyer Law

Bank Customers Hurt by Unauthorized Accounts

davep — Tue, 10 Apr 2018 21:28:35 +0000

The numbers are staggering. As reported in the USA Today recently, 2.1 million unauthorized Wells Fargo accounts (e.g., checking accounts savings accounts, credit cards, or other “products”) have now been identified. If a customer’s credit score dropped due to one of these fake accounts, that consumer may be eligible to recover compensation under a $142 Million Dollar settlement approved by a California court.

How many more innocent bank customers have been negatively impacted?

Aequitas Investors in LO and West Linn Taking Action to Recover Losses

davep — Fri, 30 Sep 2016 19:23:23 +0000

Local company Aequitas has been sued by the Securities and Exchange Commission. But what about the local investors right here in Lake Oswego and West Linn who may have lost money? Investors have legal rights and options for trying to recovery their investments.

Oregon Chipotle Corporations Must Be Held Accountable for E-Coli Sickness and Injury

davep — Wed, 04 Nov 2015 23:39:24 +0000

Thankfully, Oregon is known to have a robust health department and many clean and sanitary restaurants. Despite these safety measures, at least 40 people recently have become sick due to apparent e-coli outbreaks at the popular Chipotle food chain. E-coli must be taken seriously; the bacteria can result in organ failure and other life threatening or permanent injuries. Children and elderly tend to be especially vulnerable to severe health consequences from e-coli. According to Oregon Live, a teenager remains hospitalized from eating at a Chipotle just a few miles from here in Lake Oswego. When the food protection net fails us, the Oregon legal system levies strict liability against corporate food conglomerates for the harm caused by their unsafe and contaminated food.

Fatal Traffic Crashes: Let the Accident Reconstructionists to Their Job

davep — Tue, 15 Apr 2014 06:12:19 +0000

There has been a spate of well-publicized fatal traffic crashes in Oregon and Northern California recently. Initially, it may be instinctive to want quick answer to the question, “What happened?” Fortunately, accident reconstructionists are available to answer this question using scientific and engineering principles. But it does take patience to let them do their job. For example, in Oregon all traffic crashes resulting in fatality must have a formal reconstruction of the motor vehicle crash performed by a professional. Most experienced accident reconstruction professionals are certified and licensed through various governing bodies. There are both private professional engineering firms as well as a number of law enforcement and other government personnel (e.g., National Transportation Safety Board) qualified to collect the proper data, apply engineering principles, and prepare a formal accident reconstruction report. Oftentimes, the reports reach conclusions as to the proximate cause(s) of a crash. While there can be disagreement among experts as to, “What happened?” in certain crashes, it is still better for the public and media to wait until the professional reconstruction is final before engaging in harmful speculation. We owe as much to the families left behind following a tragic—and all too common–motor vehicle crash that ends in fatality.

Tractor-Trailer Speeds Wrong Way Down Interstate

davep — Mon, 18 Mar 2013 17:46:53 +0000

Oregon Live has reported a tractor-trailer was speeding 85 m.p.h. the wrong way down the freeway when it crashed into an oncoming vehicle during the early morning commute. The tractor-trailer operator is being detained by Portland Police while the investigation continues. Under Oregon and federal law, tractor-trailer operators and their employers are held to strict safety standards to try to prevent tragedy and punish misconduct. The massive size and weight makes big rigs like “moving bombs” on our roadways. Our concern and sympathy goes out to the victim and his or her family as the driver of the vehicle slammed into by the tractor-trailer is reportedly in the hospital has been hospitalized. Here is a link to the Oregon Live article.

In Memoriam: Kenneth McFarlan, Esq.

davep — Thu, 25 Oct 2012 21:14:32 +0000

Today I learned of the recent passing of one of my early mentors, a humanitarian, philosopher, and attorney named Kenneth McFarlan. Ken was admitted to the California State Bar in 1973. By the time I met Ken in 1997 he was living on his sailboat on the Sausalito side of the San Francisco Bay, still practicing law in a nearby office, and generously sharing his rich life experience with an idealistic young college graduate preparing for law school (me). I recall Ken carried himself with honor, integrity and humility. Over the years, I think back on his encouragement to live an “integrated life” with family, profession, friendship, and everything else important in life intertwining naturally. Ken’s thoughtful words stay with me and I am grateful to have known him.

PERSONAL INJURY UPDATE: HIT BY DRUNK DRIVER?

davep — Fri, 18 May 2012 21:44:24 +0000

Under Oregon law, an injured victim of a drunk driver is entitled to recover “punitive damages” from the drunk driver in addition to appropriate compensation for medical bills, future care costs, lost wages, and out-of-pocket expenses. ORS 31.730 et seq. Over the years, I have helped numerous injured people recover their full damages under law caused by a drunk driver. CALL TODAY FOR A FREE CONSULTATION IF YOU HAVE BEEN INJURED BY A DRUNK DRIVER (503) 675-4370.

Summer Travel Almost Here – Tips on Child Travel Safety

davep — Thu, 10 May 2012 06:59:00 +0000

The summer travel season is almost here. Whether traveling by automobile or airplane this summer, the National Transportation Safety Board (NTSB) provides a lot of useful information for parents traveling with young children. Here is where to find the NTSB website. Keep kids safe, avoid injury, and have a great summer!

How much should BP pay American taxpayers for the Gulf oil spill in 2010?

davep — Thu, 09 Feb 2012 18:46:15 +0000

After BP spilled 4.1 million barrels of oil into the Gulf of Mexico in 2010, the U.S. government cited BP with multiple violations of the Clean Water Act. At this time, it is being reported that negotiations between U.S. officials and BP may be coming to a close soon. The amount of a potential settlement is unknown, but the government has requested BP pay around $4,300 per barrel in fines, which amounts to more than 17 billion dollars. Here is an article from Bloomberg News.

Listeria, Cantaloupe, and Who to Call

davep — Wed, 05 Oct 2011 00:36:58 +0000

If you have cantaloupe sitting in your house, check the updated FDA Recall Notice here. If the source of your cantaloupe is in doubt, then it is recommended to discard the cantaloupe without consumption. After doing so, you may wish to call the farm where the contaminated cantaloupe has been sourced–Jensen Farms in Colorado. Jensen Farms set up a contact email and phone number to address questions Monday through Friday between the hours of 9:00 a.m. and 4:00 p.m. Here is the contact information published on by ABC news: email at email hidden; JavaScript is required or phone (800) 267-4561 Monday through Friday between the hours of 9 a.m. and 4 p.m. Of course, if you or someone you know has suspects having contracted listeria or any other foodborne illness by eating contaminated food, never call the at-fault party directly. Immediately call your doctor and your local health department to protect your health, and call a qualified personal injury attorney to protect your legal rights.