HotCHALK, INC. v. LUTHERAN CHURCH-MISSOURI SYNOD

No. SC S069765.

372 Or. 249 (2024)

HOTCHALK, INC., both individually and derivatively on behalf of Concordia University, aka Concordia University—Portland, Plaintiff-Relator, v. LUTHERAN CHURCH—MISSOURI SYNOD; Lutheran Church Extension Fund—Missouri Synod, Concordia University System; Concordia University, St. Paul; Concordia University, aka Concordia University—Portland; Charles E. Gerken; Kathleen Hone; Terry Wilson; Jerry Baltzell; David O. Berger; Michael Borg; Charles E. Brondos; Gerald Koll; Paul Linnemann; Jeff Oltmann; Kurt Onken; Timothy Pauls; Bev Peloquin; Rod Wegener; Sam Wiseman; Brian T. Yamabe; Thomas John Zelt; Thomas Ries; Richard Doughty; Concordia Foundation; Chris Dunnaville; George Thurston; Lutheran Church Extension Fund; John Andrea, Defendants-Adverse Parties.

Supreme Court of Oregon.

May 2, 2024.


Attorney(s) appearing for the Case

James T. McDermott , McDermott Weaver Connelly Clifford LLP, Portland, argued the cause and filed the briefs for plaintiff-relator. Also on the briefs was Gabriel M. Weaver.

Timothy R. Volpert , Tim Volpert. P.C., Portland, argued the cause and filed the brief for defendant-adverse party Lutheran Church—Missouri Synod. Also on the brief were Thomas L. Hutchinson and Laura C. Caldera Loera , Bullivant House Bailey PC, Portland.

In a combined brief, Rian Peck, Visible Law LLC, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association; Peter Janci, Crew Janci LLP, Portland, filed the brief for amici curiae CHILD USA, Zero Abuse Project, and Oregon Abuse Advocates & Survivors in Service, with Shiwanni Johnson, Crew Janci LLP, also on the brief; Meg Garvin, The National Crime Victim Law Institute at Lewis & Clark Law School, filed the brief for amicus curiae The National Crime Victim Law Institute; and Kristian Roggendorf, The Zalkin Law Firm, San Diego, California, filed the brief for amicus curiae The National Center for Victims of Crime.

Colton L. Stanberry, The Becket Fund for Religious Liberty, Washington, D.C., filed the brief for amicus curiae The Jewish Coalition for Religious Liberty. Also on the brief were Eric C. Rassbach and Nicholas R. Reaves.

Herbert G. Grey, Portland, filed the brief for amici curiae Religious Organizations the General Conference of Seventh-Day Adventists, Queens Federation of Churches, and The Church of Jesus Christ of Latter-day Saints. Also on the brief were Gene C. Schaerr and James C. Phillips, Schaerr | Jaffe LLP, Washington, D.C.

Before Flynn, Chief Justice, and Duncan, Garrett, DeHoog, James and Masih, Justices, and Walters, J., Senior Judge, Justice pro tempore.**


JAMES, J.

The alternative writ of mandamus is dismissed as improvidently allowed.

HotChalk, LLC1 filed suit against the Lutheran Church—Missouri Synod (Synod) and 22 other defendants, alleging breach of contract and fraud, among other claims, in the closure of Concordia University —...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases