Jason H. Daywitt

Partner

Jason Daywitt is a partner in the Portland office of Lewis Brisbois and is a member of the firm’s Products Liability, Toxic Tort and Environmental Litigation and Complex Business and Commercial Litigation practices. Jason’s practice emphasizes complex litigation, including the defense of product liability, toxic tort, environmental and commercial litigation claims. He has diverse trial court experience, having tried cases or argued dispositive motions in Oregon, Washington, Idaho and California courts. In additional to his trial work, Jason has successfully arbitrated or mediated hundreds of other cases throughout the Pacific Northwest.

Best Lawyers selected Jason for inclusion in its 2019 and 2020 lists of Best Lawyers in America for Mass Tort / Class Actions. Jason has served as national counsel for several clients in toxic tort litigation, overseeing discovery, strategic motions practice, expert witness development, settlement negotiations and trial. He continues to develop effective strategies for the defense of mass-tort litigation for several regional and national product manufacturers and distributors. His experience also includes the representation of property owners and lessees, wholesalers, agricultural cooperatives, and other commercial entities in pre-suit business disputes, along with litigation in state and federal courts.

Jason graduated from Washington and Lee University in Lexington, Virginia. He graduated from the University of Oregon School of Law, where he served as Editor-in-Chief of the Journal of Environmental Law and Litigation.

Representative Cases

  • Defense verdict in a $1.2 million medical malpractice claim against a local trauma hospital and emergency physician relating to an alleged failure to diagnose a knee fracture.
  • Successfully co-defended an industrial laundry products distributor in a two-week product liability trial involving alleged asbestos exposure, resulting in a favorable verdict.
  • Represented a senior living facility in a $1.1 million wrongful death claim relating to a resident drowning in a spa pool.
  • Successfully represented at trial a large roofing contractor in environmental pollution claim relating to past ownership and operations of development property, resulting in a favorable settlement.
  • Obtained summary judgment in a $1.5 million product liability claim against a joint compound manufacturer based on conflict of laws and statute of limitations analysis.
  • Successfully briefed and argued for application of government contractor defense in a three-week product liability trial against a Navy pump supplier, resulting in a favorable settlement.
  • Prevailed on summary judgment in a medical malpractice claim against a hospital and trauma surgeons relating to an alleged delay in treating a partial arm amputation.
  • Obtained dismissal at trial of a commercial synthetic stucco siding (EIFS) manufacturer and distributor relating to construction defect and product liability claims.
  • Advocated successful settlement of a claim against an ambulance service provider for alleged untimely response to an accident scene.

Military Service

United States Army, Military Intelligence (1990-94)

Admissions

  • State Bar Admissions
    • Oregon
    • Washington
  • United States District Courts
    • United States District Court for the District of Oregon
    • United States District Court for the Western District of Washington

Admissions

Oregon

Washington

United States District Court, District of Oregon

United States District Court, District of Western Washington

Associations

  • Defense Research Institute
  • Oregon Association of Defense Counsel
  • Multnomah Bar Association
  • Washington Defense Trial Lawyers

Awards & Honors

  • Best Lawyers in America, Mass Tort Litigation/Class Actions - Defendants, 2021—2022
  • Editor-in-Chief, Journal of Environmental Law and Litigation, University of Oregon School of Law (1997—99)

Education

University of Oregon School of Law

Juris Doctor, 1999

Washington and Lee University

Bachelor of Arts, 1995

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