Kelly has experience defending employers against the full spectrum of employment-related claims, including claims brought under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, wage and hour laws, and parallel state statutory schemes.
Some details of Kelly’s experience include:
- Multiple findings of no discrimination by the EEOC and BOLI, and instrumental in achieving favorable resolution of numerous employment discrimination and retaliation cases;
- Multiple favorable decisions on motions to dismiss and summary judgment motions, successfully obtaining full or partial dismissal of employment and other civil claims;
- Instrumental in obtaining summary judgment in employer’s favor before a private arbitrator in a breach of contract claim for repayment of significant recruitment incentive loans;
- Instrumental in achieving full dismissal of a disability discrimination case against a university, which included claims under the ADA, Rehabilitation Act, and Intentional Infliction of Emotional Distress;
- Multiple favorable decisions on procedural and discovery matters from state and federal courts in Oregon, including motions involving complex attorney-client privilege and work product issues;
- Successfully managed and coordinated a large-scale document collection project in a class action wage and hour lawsuit collecting hundreds of thousands of documents from numerous client sites;
- Second chair in a January 2015 bench trial pending before the federal Mine Safety and Health Administration, in case alleging discrimination and retaliation;
- Second chair in January 2012 preliminary injunction hearing, successfully defeating preliminary injunction as to majority of trade secret and noncompetition claims;
- Obtained dismissal of state healthcare licensing board disciplinary proceedings against nurses and other healthcare providers;
- Drafted state and Ninth Circuit appellate briefs, and instrumental in obtaining two favorable appellate decisions while still in law school.