HearSay THE OFFICIAL MAGAZINE OF THE CLARK COUNTY BAR ASSOCIATION
August 2026
December 2019
Welcome, Commissioner Lopez!
The Clark County Bar Association is a professional organization that serves to support our local attorney community through providing education and networking opportunities designed to enhance and foster better relationships within the local legal community.
August Hearsay Contributors Jesse Jacobs NW Injury Law Center Jesse Jacobs is a trial attorney
representing personal injury
clients in Southwest Washington.
Jean Mccoy Landerholm, P.S Jean McCoy’s practice focus
is real estate transactions and conflict resolution, landlord/
tenant and creditors’ rights.
Bennett Brandenburg Brandenburg Law Firm Bennett
B r a n d e n b u r g ’s
pract ice focus is
on criminal
a nd persona l injur y c a ses.
r the rebuilding and rebranding to be mplete but this summer the deck has been pping again. Beaches was always the river ck place and for great Happy Hour, long fore we had other options to choose from rther west down the shore. The deck is still e place to be. Oswego Grill at Columbia page 10 ores joins locations in Lake Oswego, eaverton, Clackamas and Wilsonville. It mains locally owned and operated.
Bowling with the Judges
Bottoms Up: New Kids on the Block page 16
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5th Annual “Mayhew” CCBA Golf Tournament page 20
CCBA
President’s Message By Nathan Petersen
On June 18th, the CCBA held a special meeting for the proposed raise in membership dues to meet the rising costs everyone is experiencing and ensure we retain our excellent staff. The vote was overwhelmingly in favor of the dues increase. We greatly appreciate that support, especially in light of our current economy. We have also had some good feedback and questions regarding the dues process that I want to address in my message this month: Large events are self-funded and don't impact annual dues – Large events like Barrister's Ball and Summer Soiree are self-funded through a combination of attendance fees and sponsorships. In 2025/2026, local f irms and businesses contributed over $21,000 in sponsorships, up f rom $19,000 the year before. Barrister's Ball typically generates revenue for the bar rather than drawing f rom it. Dues increase supporting scholarships – Our dues have not been suff icient for several years to cover our costs, which limited the opportunities for offering scholarships. Part of the intent in the increase in dues is to allow us to offer more scholarships. We invite members to apply for scholarships. Advertisements, Referral Line, and CLEs – All of these things contribute to the CCBA revenue and offset the cost of membership. Our board meetings are open to the public as well, and we invite those interested to attend.
NATHAN PETERSEN | CCBA PRESIDENT 8 NATHAN@THEPRLAWFIRM.COM | 360.326.4577
Real estate doesn’t have to be complicated. We’re here for you. Amanda and Keri, taking clients from contract to closing. Amanda Boden Personalized Guidance for Buyers, Sellers, and Investors Experienced with estate sales, divorce related sales, and complex transactions Thoughtful, responsive, and client focused
Phone
503.791.1829
Website
www.bodenrealestate.com
Keri Lindstrom
bodenrealestate@gmail.com
HIRING ASSOCIATE ATTORNEY - FAMILY LAW The Vern McCray Law Firm is hiring a motivated Associate Attorney to join our well-established family law practice. The primary emphasis is on family law, with exposure to criminal defense, estate planning, and probate. We provide an experienced administrative staff and a relaxed atmosphere designed for long-term success. With a large and growing client base, we offer a desirable compensation split with generous bonuses. If you have previous experience in or a passion for family law, we would love to meet you. Requirements: Candidates must be a member of the Washington State Bar Association in good standing, with technical proficiency in MS365, Adobe, e-filing, and FamilySoft, along with a firm grasp of Clark County Local Court Rules. Pay: $120,000 - $180,000 per year Benefits: Health, Dental, and Vision insurance. Paid CLEʼs and provided parking. Location: Camas, WA 98607 How to Apply: If youʼre interested in building a great client base and working in a relaxed atmosphere, please submit your confidential resume to: mccraylaw@vernmccraylaw.com
vernmccraylaw.com
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BOWLING Judges The Triumphant Return of
WITH THE
By Jesse Jacobs
“ Yeah, well, you know, that’s just, like, your opinion, man.” “Yeah, On Thursday, June 11, the Clark County Bar Association rolled out one of its most beloved traditions: Bowling with the Judges. Lawyers, judges, court commissioners, f riends, and family took over the VIP lanes at Big Al’s in Vancouver for an evening where the only objections sustained were to gutter balls. The format was simple. Each lane was anchored by a member of the bench, with lawyers and guests f illing out the teams. For a few hours, the usual rules of decorum were relaxed — appearances were casual, arguments were settled by the pins, and every ruling was f inal (and instantly displayed on the overhead scoreboard for all to see). The bench turned out in force. Thanks to Judges Gregerson, Parcher, Retsinas, Gonzales, Sleight, Lewis, Lopez, and Vanderwood, and Commissioners Ellis, Phelan, and Laycoe, for trading the robe for rental shoes and making the evening what it was. When the last f rame was bowled, Judge Lewis’s Lane 37 squad — Alex Uskoski, Chris Boyd, Thom Phelan, Valda Phelan, Katie Sinclair, and Rob Wood — claimed team honors and the coveted Grand Champion bowling pin trophy. Top individual bowler went to Erich Orth of Judge Parcher’s team, who bowled like the Dude himself was watching. 10
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The teams:
Lane 31 — Judge Gregerson: Marissa Bartolucci, Josh Sherman, Amber Rushbanks, Eli Rushbanks, Nicole Adams Lane 32 — Judge Parcher: Erich Orth, Jason Bailes, Jenna VanValen, Mila Boyd, Amanda Bishop Lane 34 — Judge Retsinas: Alyssa Lax, Amanda Hartman, Amy Rader, Andrew Lee, Krystle Nixon Lane 35 — Judge Gonzales and Commissioner Ellis: Ryan Rothermel, DeEtte Kapustka, Ashwin Kushwaha, Suneet Kushwaha Lane 36 — Judge Sleight and Commissioner Phelan: Whitney Hawke, Nate Petersen, Leaa Petersen, Christie Edwards Lane 37 — Judge Lewis (Grand Champions): Alex Uskoski, Chris Boyd, Thom Phelan, Valda Phelan, Katie Sinclair, Rob Wood Lane 38 — Judge Lopez and Commissioner Laycoe: Jesse Jacobs, Jean McCoy, Hillary Brooks, Kelli Montei Lane 39 — Judge Vanderwood: Andrew Wheeler, Chelsey Butchard, Sam Yeska, Ronny Lee, LeAnn Larson Special thanks to event sponsor Jesse Jacobs of NW Injury Law Center for making the evening possible. (Yes, the author of this article is aware that he just thanked himself. Somebody had to do it, and f rankly, he found the sponsor to be a delightful and handsome man. Any objection to this obvious conflict of interest is overruled.) Thanks as well to everyone who came out to bowl, cheer, and catch up with colleagues away f rom the courthouse. If you missed it this year, mark your calendar for the next one. The Dude — and the bench — abide. 12
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Oregon Law Update Two big shifts for injury cases across the river By Jesse Jacobs Practicing law in Clark County means keeping one eye on Olympia and the other on Salem. Our clients cross the river every day, and when something goes wrong on the Oregon side, Oregon law may control.
The "regular use" exclusion takes another hit On August 19, 2026, the Oregon Court of Appeals decided Walker/Washburn v. Progressive Universal Insurance Co., 352 Or App 287 (2026). Motorcyclists, badly injured by underinsured drivers, suffered damages beyond the Underinsured Motorist (“UIM”) limits on their motorcycle policies and then claimed UIM benef its under their separate Progressive auto policies. Progressive denied both claims under its "regular use" exclusion. The Court of Appeals held the exclusion unenforceable. Oregon writes model Uninsured Motorist (“UM”)/UIM language directly into the statute as a floor for what is allowed to be written into any policy (ORS 742.504). Provisions less favorable are not reformed to the statute but stricken f rom the policy per Erickson v. Farmers Ins. Co., 331 Or 681, 687-88 (2001). Progressive’s exclusion was narrower than the statute in two ways — it excluded two- and threewheeled vehicles and did not preserve coverage for substitute vehicles — so the court struck the exclusion f rom the contract, leaving the plaintiffs with UIM coverage. Major kudos to Travis Eiva for his work on this one — a f riend of the show for those of us who work cases on both sides of the river. The takeaway: when an
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Oregon crash outstrips the at-fault driver’s limits, collect every policy in the household before writing off additional UIM coverage — an exclusion that looks airtight may not survive.
The $500,000 wrongful death cap cracks ORS 31.710 has capped noneconomic damages in Oregon wrongful death cases at $500,000 — a f igure never adjusted for inflation. On July 1, 2026, in Estate of Fisher v. Lee, 351 Or App 33 (2026), the Court of Appeals held that applying the cap can violate the Oregon Constitution’s remedy clause. The facts are tough. Grant Fisher, 23, was rear-ended on Highway 26 by a driver on narcotics traveling 96 miles per hour; his truck struck a tree and caught f ire, and he died after consciously suffering, leaving a wife and four-month-old daughter. The defendant did not appear and the trial court issued a default judgment, f inding $20 million in noneconomic damages — then reduced the award to $500,000 as the statute required. The Court of Appeals reversed, holding that a remedy amounting to a "paltry f raction" of the harm left the plaintiff without the substantial remedy Article I, section 10 guarantees. In the court’s words, the legislature’s goal of reducing insurance costs "cannot bear the weight of the dramatic reduction in noneconomic damages that the statute requires." Hats off to Nadia Dahab of Sugerman Dahab and John Coletti of Paulson Coletti — old (young?) f riends of the show, both — for taking the cap head-on and winning. Two cautions. The cap still stands on its face — the same court rejected a facial challenge in Estate of James Ritchie v. Helbig, 347 Or App 37, rev den, 375 Or 332 (2026) — so relief is case-by-case right now, and the Oregon Supreme Court has yet to weigh in. For Washington lawyers accustomed to our cap-f ree landscape, the practical message is that an Oregon wrongful death case with catastrophic noneconomic harm is no longer automatically a $500,000 case. Plead the full measure of damages and preserve the constitutional challenge. As always, if a case takes you across the river and you want to compare notes on Oregon practice, your Clark County colleagues who practice in both states are happy to talk. Jesse Jacobs is an attorney at NW Injury Law Center in Vancouver, where he represents injured people in Washington and Oregon.
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New Kids on the Block No, we are not reliving early 90’s Boy Bands but visiting places that were very well established venues for decades, and the new businesses who have come in to take their place. First off is Oswego Grill, taking the place of Beaches on the waterf ront at 1919 Southeast Columbia River Drive. It took several months for the rebuilding and rebranding to be complete but this summer the deck has been hopping again. Beaches was always the river deck place and for great Happy Hour, long before we had other options to choose f rom further west down the shore. The deck is still the place to be. Oswego Grill at Columbia Shores joins locations in Lake Oswego, Beaverton, Clackamas and Wilsonville. It remains locally owned and operated.
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The interior changes to Oswego Grill are a great ref resh and look very stylish. The staff was f riendly and accommodating. The food and drinks were OK. Maybe it is an unfair comparison to Beaches that had us lackluster (like comparing New Kids on the Block to NSYNC – can’t beat Justin Timberlake), but everything at Beaches was always top notch, 100% and worth commenting on. Maybe things will catch up and the deck is always well worth the visit. The “new” waterf ront is nice, but the three originals (Beaches, McMenamins and Who Song and Larry’s) are that much closer to the water and all the boat and people watching and have a less f rantic vibe; AND you don’t have to pay to park! Our second new kid visit, which was conducted separately by both of us over the course of the summer was Loyal Legion at 1109 Washington Street, in the former Heathen Brewing site. This spot has the ultimate outdoor space and the large patio remains the same. The interior has been modif ied with the extra party room making way for more booths. It has a real moody 1920’s vibe. We looked up the sign at the back of the bar that says “Loyal Legion of Loggers and Lumbermen” and found that the “LLLL” was a company union founded during World War 1 in 1917 by the War Department as a counter to the Industrial Workers of the World who were encouraging a lumber strike in the Pacif ic Northwest. Sixteen of the regions’ largest lumber companies met in Centralia that year to sponsor a labor-centered organization that would help support the war effort by producing as much logs and lumber as they could for the benef it of the country and to ensure success for the United States. Headquarters for the division were based at our own Vancouver Barracks. The LLLL was a leader in propounding the merits of an 8hour work day. Prior to 1918 there was no standard work day and therefore abuses of the work force were common. Based on the LLLL leadership, on March 1, 1918 the group announced the adoption of the 8-hour work day in the lumber
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industry. The LLLL provided f ree employment agencies, social halls, traveling inspectors and a group insurance plan. More aggressive labor organizations came into the picture and the LLLL was disbanded in 1938, but the historical signif icance in the PNW timber industry was immense. The origins of Loyal Legion are as a Portland Beer Hall created as a way to celebrate local craft beer. When building his f irst restaurant in 2008, owner Kurt Huff man found a “Loyal Legion of Loggers and Lumbermen Employment Services” sign built into the wall of a building in a basement in Old Town Chinatown. He restored the sign and opened the f irst Loyal Legion in Portland in 2015. But what about the food and drink you ask? It is really good. We never had complaints about our Heathen Brewery, but Loyal Legion is just as good in its own way. Loyal Legion was the place for many of the World Cup Soccer gatherings this summer and the “Bend it Like Bacon” burger was amazing. They have great taps, but we have to say they also have one of the best Lemon Drops in the area, made scratch (while all the beer people are grumbling behind you). The staff is really good, and the new booth structure adds to a moody vibe that is great for quiet conversation or the larger booths can accommodate a bigger crowd. The patio has always been fabulous for larger groups or after work crowds (but bring back the patio taps!?! Maybe next summer!) Jesse’s family reunion group landed at the big table in the back by the kids' area, which turned out to be the perfect draw — plenty of room for a crowd, the little ones had somewhere to be, and the adults could actually hear each other. The food and drinks did not disappoint; nobody at that table had a complaint about either, and a few went back for seconds on both. Pro-tip: don't queue up at the door waiting to be seated. You don't have to belly up anywhere along the bar and order there. Perhaps it is the impact of a positive history lesson and meaningful roots, or just the exceptional visits, but our favorite New Kid is Loyal Legion. Maybe we will see you there on the patio or in the kids’ area?
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5th Annual “Mayhew” CCBA Golf Tournament By : Benn ett J.D . Bra nde nb urg Once again, we find ourselves at “Howling Winds,” as Jim liked to call it, for the 5th Annual Mayhew CCBA Golf Tournament. Howling Winds was the moniker used by Jimmy to describe the playing conditions at our local Tri Mountain Golf Course. If you find yourself at Tri Mountain, listen closely to the breeze and you can still hear Jimmy shouting, “Ayeeeeeeeeeeeee,” following an errant shot. Jim, you are dearly missed. July 10, 2026 marked the 5th annual celebration of Jimmy at our CCBA Golf Tournament. We welcomed nearly 80 golfers, our best year yet! The Honorable Andrew Wheeler presided over the registration desk and made note of those who came prepared to compete versus those who came to face certain humility from the course. Attorney Whitney Hawke, along with wonderful assistants from Clark County Volunteer Lawyers Program, further welcomed our participants outside with a complimentary beverage and well wishes for fun, camaraderie, and to look out for others before slicing drives into oncoming groups. We are so fortunate in our community to have a strong, connected Bar Association. Among the golfers at the Mayhew, we had folks from family law, criminal defense, civil practitioners, Judges, and even a couple of teams from the Prosecuting Attorney’s Office! Whether you’re a scratch golfer, or a “this is the only day during the year that I golf,” golfer, there is no distinction at The Mayhew. The strength of our Bar Association was well represented by the laughter, witty banter, and undeniable trash talking throughout the day.
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There are, of course, some golfers out there with a singular vision for the day: victory. The format for The Mayhew is a scramble, allowing each member of the foursome to hit their shot and then the team selects the best shot to hit from next, and so on, and so on. For some teams, it’s hard to choose the best shot when they’re all appetizing. I suppose, alternatively, it’s also difficult for other teams to choose the best shot when they’re all in the tall grass. For those who enjoyed more rarified air that day, the scores went lower and lower. The grand prize, as this legal community is well aware, is the honor of donning the hallowed “jackets,” ceremoniously given to the lowest score for the foursome containing lawyers/legal staff. Are the jackets expensive? No. Are the jackets fashion forward? No. Can you wear them to Court? You could…but I’d advise against it. What I do advise is understanding that this is a tradition, unlike any other, and so long as The Mayhew is around, the champions jackets will live on as the ultimate reward for the highest athleticism. This year, these jackets were awarded to Jack Petersen, Alex Uskoski, Bennett Brandenburg, and Kyle Lindemann with a score of 60. There is another team out there who came within grasp of challenging these champions, but alas, their efforts fell short. If you see any members of that sullen foursome out there, be sure to give them a “maybe next year, fellas,” when you run into them.
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Beyond the jackets, we were fortunate to award several other prizes for low scores, closest to the pin, and long drive designations. These prizes are always geared towards local restaurants, pubs, and coffee shops. If you are a lucky recipient of one of these prizes, we hope to see you in town, enjoying the spoils of your victory. To the rest of you, the golf committee is always looking for recommendations for new spots to use for awards and prizes, so give us your feedback! We couldn’t accomplish any of this without the support of our sponsors. A huge THANK YOU to the following sponsors for your support and participation at our event: A-Affordable Bail Bonds, Attorney Bookkeeping Services, Cano Real Estate, Clark County Volunteer Lawyers Program, Heritage Bank, Laurus Wealth Management, NW CAVE, Smart Start, and Starting Point! Thanks to my committee co-chairs, Alex Uskoski and Whitney Hawke, the best team ever. And as always, a major thanks to Lisa Darco who coordinates so much behind the scenes to keep us all from losing our minds. You guys rock! At the end of the day, some putts went in, and some did not. Some drives found the fairway and others were never found. Whatever category you found yourself in, it was a wonderful day to get out of the office, connect with friends, and remember why we gather annually at this event. Jim Mayhew would undoubtedly be pleased by our efforts every year, but more importantly, would encourage every one of us to get together more often, settle our disputes, and find common ground with our fellow attorney. Until next year, may you do the same, and perhaps try to get a session at the range in at least once before the tournament. Fore!
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CCBA PRESENTS
“THE MAYHEW”
2026 GOLF TOURNAMENT T H A NK Y O U S P ON SO RS! A -A ff or dable Bail Bon ds A tt or ne y Book ke epin g Ser vic es Can o Real Es tate Cl a r k Co unt y Vo lunteer L awyers Program He ritage Ban k L aurus We alth Manag em ent N WCA VE Smart S tart 24
St artin g Point
Clark County Bar Association
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CLARK COUNTY BAR ASSOCIATION BOARD MEETING
July 7, 2026
Minutes for the CCBA Board of Trustees Meeting July 7, 2026 1. Called to order 12:10 pm: Petersen, Rapp, Larson, Mendoza, Sherman, Wechselblatt, and Executive Director Darco in attendance. 2. Approval of June 2, 2026 Board Meeting minutes: (Sherman/Rapp) Approved 3. Approval of June 18, 2026 CCBA Special Meeting Minutes: (Sherman/Petersen) Approved 4. Treasurer’s Report: Financial reports submitted. 5. To Discuss A. Member v Non-Member prices for services and events: discussion tabled to next month B. Board vacancies for next year: The proposed slate of board members will need to be voted on at the September board meeting. Then the slate will be voted on by the membership at the September Annual Meeting. There will be three vacant positions. C. Office Space Options: discussion 6. Upcoming Events: a. Jim Mayhew Memorial Golf Tournament “The Mayhew” 7/10/26 b. Summer Soiree 8/29/26 at Hidden House c. Annual Meeting: 9/14/26 at Artillery Barracks at Fort Vancouver d. Membership Kickoff Coffee event will be in early September
Representing Injured Workers on Their Washington Claims
Adjourned 1:06
Law Office of Steven L. Busick
(360) 696-0228 25 1915 Washington Street Vancouver, WA 98660