About Jim

Jim Westwood is Senior Counsel to the firm and concentrates his practice in state and federal appellate courts. Well known as a constitutional scholar, Jim has handled more than 200 appeals, including important cases in state and federal constitutional law, energy, administrative law, insurance, banking, and punitive damages.

Previously, Jim was associate and partner at Miller Nash Graham & Dunn LLP (1974-1976, 1978‑1999), and assistant to the President at Portland State University (1976‑1978).

A fifth generation Oregonian, Jim has worked as a television meteorologist and served as an officer in the U.S. Navy (Naval Security Group) in Southeast Asia.

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Experience

Representative Cases

Utility Reform Project v. Public Utility Commission 277 Or App 325 (2016) – Amortization in rates of utility expense
Gearhart v. Public Utility Commission and Portland General Electric Company, 356 Or 216 (2014) – Utility ratemaking; authority of Public Utility Commission
Richards v. American Medical Response Northwest, 172 Wn App 1022 (2012) – Wrongful death; corporate liability
Oregon Firearms Education Foundation v. State Board of Higher Education, 245 Or App 713 (2011) – Administrative procedure; regulation of firearms on state university campuses
Matson v. Oregon Arena Corp., 242 Or App 520 (2011) – Personal injury; premises liability
Emerald Steel Fabricators v. BOLI, 348 Or 159 (2010) – Regulating employee use of medical marijuana
Pendleton School District 16R v. State of Oregon, 347 Or 344 (2009) – Public school funding under Oregon Constitution
Goddard v. Farmers Insurance Company, 344 Or 232 (2007) – Constitutional limitation of punitive damages
Friends of Parrett Mountain v. NW Natural, 336 Or 93 (2003) – Energy facility siting
Hensley v. NW Permanente, 258 F3d 86 (9th Cir 2001) - ERISA.
PGE v. Duncan Weinberg, 162 Or App 265, 986 P2d 35 (1999) – Legal ethics
Harris v. American Air Lines, 55 F3d 1472 (9th Cir 1995) - Federal preemption of state tort law
Harper v. Federal Land Bank of Spokane, 878 F2d 1172 (9th Cir 1989) – Private rights of action under federal statutes
Andor v. United Air Lines, 303 Or 505 (1987) – Corporate punitive damages

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Honors

Honors & Activities

Professional Honors and Activities

American Academy of Appellate Lawyers – Fellow
Oregon State Bar Appellate Practice Section – Past Chair
Oregon State Bar Constitutional Law Section – Past Chair
Included in The Best Lawyers in America^© (currently: Appellate Practice, Commercial Litigation), 1998‑2018
Listed in Oregon Super Lawyers^® (Appellate, Energy & Natural Resources, Business Litigation), 2006‑2017
Oregon Legal Citizen of the Year, 2012
American Bar Foundation – Lifetime Fellow

Civic Activities

City Club of Portland – Past President
Portland State University Alumni Association – Past President
Classroom Law Project – Board Member, 1998-2002
CASA for Children – Board Member, 2006-2014
Multnomah Bar Foundation – Board Member, 2009-2012
Volunteer coach, “We the People” Constitution teams at Grant High School and De la Salle North Catholic High School

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Insights & Presentations

Presenter at numerous appellate and constitutional law continuing legal education programs, state and federal
Appeal and Review: Beyond the Basics (Oregon State Bar 2014) – Co-Editor
Appeal and Review: The Basics (Oregon State Bar 2010) – Co-Editor
Oregon Constitutional Law (Oregon State Bar 2013) – Chapter Author, Initiative and Referendum
Oregon Civil Pleading and Practice (Oregon State Bar 2012) – Chapter Author, Mandamus
Appellate Practice in Federal and State Courts (Law Journal Press 2011) – Chapter Author, Appellate Decision-Making
History in Oregon Constitutional Analysis: Should We Even Worry About It? (2007)

Related News & Publications

Video Series Provides Enhanced Civics Lesson - 8/3/2012

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