Christopher F. McCracken

• Prevailed in defending a restaurant chain against a wage and hour class action, winning summary judgment on majority of claims and resolving the case without class or collective action certification.
• Prevented wage and hour class action against nationally recognized carrier, prior to the filing of any complaint, and without any settlement payment.
• Successfully obtained ruling of class action decertification of wage claim in favor national financial institution following extensive trial court litigation. On appeal, obtained affirmance of trial court’s decertification order and obtained reversal of trial court’s attorney fee award to named plaintiffs. 235 Or. App. 658 (2010), rev den 349 Or. 654 (2011).
• Defeated class action against national company by successfully petitioning Court of Appeals for interlocutory appeal and then successfully obtaining reversal of trial court’s denial of motion to dismiss class claims. 244 Or. App. 457, rev. den. 357 Or. 401, 268 P.3d 152 (2011).
• Defeated multiple collective action certification motions under the Fair Labor Standards Act seeking certification of claims alleging misclassification of management-level employees and alleging off-the-clock work. Court twice denied certification on each claim. (2004 WL 1675925 D. Or. 2004; 2005 WL 2494932 D. Or. 2005; 2005 WL 249 2932 D. Or. 2005; 2006 WL 3908536 D. Or. 2006). Before the 9th Circuit on appeal, successfully obtained dismissal of appeal and denial of petition for writ of mandamus. 495 F.2d. 1136. (D. Or. 2007).
• Obtained summary judgment dismissing all class action claims in wage and hour class action asserting claims of misclassification and late final pay.
• Successfully obtained dismissal of class action claims alleging misclassification of management-level employees.
• Defeated class certification in action filed against a national company that asserted claims of improper rounding of time work and late payment of wages.
• Successfully defeated class action certification and obtained dismissal of class claims with prejudice. (Multnomah Cnty. (Or.) Cir. Ct. 2007).
• Obtained favorable settlement for construction contractor in a $21 million breach of contract arising out of the construction of a computer chip manufacturing facility.
• Represented a nationally recognized plaintiff-employer in a multimillion-dollar misappropriation of trade secrets and unfair competition case.

Education

• J.D., University of Oregon, 1989
• B.A., Kenyon College, 1986

Admission to Practice

• U.S. Court of Appeals, Ninth Circuit
• Oregon
• U.S. District Court, District of Oregon

• January 2, 2012 – Oregon State Bar’s Civil Pleading and Practice Manual – “Jury Instructions, Verdicts and Special Findings”
• 2012 – Oregon State Bar’s Contract Law – “Remedies”