RESOLVING LITIGATION FOR EMPLOYERS AND EXECUTIVES ACROSS THE PACIFIC NORTHWEST
John Kreutzer leads Bullivant’s Employment Law practice and brings more than two decades of experience resolving complex employment and business litigation. Employers often turn to him for day-to-day advice on legal issues around employee documentation, discipline, or discharge.
John has extensive litigation experience and a solid record of achieving favorable results. He is tenacious in achieving client goals.
John handles employment litigation involving alleged unlawful discrimination and retaliation, protected leave, disability, wage and hour, breach of contract including non-compete, non-solicitation and confidentiality agreements, and trade secret violations. He clearly communicates the issues and strategy about the case in order for the client to assess risk and make informed decisions.
John has also been the go-to attorney for insurers and executives in resolving claims of alleged wrongdoing under directors and officer (D&O) policies. His commercial litigation practice includes cases related to unlawful trade practices, Oregon residential landlord/tenant disputes, Fair Housing discrimination, and business disputes, including LLC dissolution, False Claims Act matters, and tax issues involving 1031 exchanges.
- Oregon, 1997
- Washington, 2000
- U.S. Court of Appeals, Ninth Circuit, 1999
- U.S. District Court, District of Oregon, 1998
- U.S. District Court, Eastern District of Washington, 2013
- U.S. District Court, Western District of Washington, 2002
- Willamette University, College of Law – J.D., 1997
- Oregon State University – B.S., 1989
Disability Discrimination and Wrongful Death
- Defense of a national real estate investment and management company and its management employee against claims of disability discrimination and wrongful death. Plaintiffs claimed that defendants’ alleged failure to reasonably accommodate the decedent’s disability caused his death. Summary judgment was obtained in favor of the defendants, defeating all claims against them.
- Defense of a national trucking company against a claim of wrongful discharge. Plaintiff’s sole claim was dismissed with prejudice after successfully prevailing on a motion for summary judgment based upon the defense argument that plaintiff’s claim was barred because he had an adequate remedy under the Surface Transportation Assistance Act, which he failed to timely pursue.
- Defense of a national inventory service provider against claims of constructive wrongful discharge brought by three former managers. All claims were dismissed with prejudice after successfully prevailing on a motion for summary judgment.
- Defense of a national timber products inspection provider against a national Fair Labor Standards Act representative action. All claims were dismissed with prejudice after successfully prevailing on a motion for summary judgment.
- Obtained summary judgment in favor of hospital against wage discrimination claims, successfully arguing that claims were time-barred and not saved by the Lilly Ledbetter Fair Pay Act amendments to Title VII.
Sexual Harassment and FMLA
- Successfully defended a nationwide security provider against claims of sexual harassment and Family Medical Leave Act violations. All claims were successfully settled after receiving a court ruling following a motion for sanctions that the jury would be instructed that Plaintiff committed perjury during her deposition testimony and that defense counsel could inquire fully at trial about the conduct that was the subject of the perjury.
Violation of Non-Competition Agreement and Trade Secret Misappropriation
- Represented a national corporation and obtained a preliminary injunction enjoining a former salesperson employee from competing against it in violation of his noncompetition agreement.
- Successfully represented a prominent Portland radiologist against threatened enforcement of a non-competition agreement. The representation resulted in an apology and written admission by the former employer that no non-competition agreement exists.
- Successfully represented a small off-road vehicle specialty business against non-competition agreement enforcement claims threatened by a large, regional tire business.
FACTA Violation Claim
- In the U.S. District Court for the Western District of Washington, successfully prevailed on a motion for judgment on the pleadings against a putative class action for alleged violations of the Fair and Accurate Credit Transactions Act. The court agreed that the plaintiff lacked standing because he suffered no injury-in-fact.
Whistleblower and Workers’ Compensation Retaliation, and Disability Discrimination
- Obtained summary judgment in favor of crane company client against claims of alleged whistleblower and workers’ compensation retaliation and disability discrimination. The court agreed that Plaintiff’s evidence in opposition to the summary judgment motion should be stricken, thus leaving no undisputed evidence and ruling in defendant’s favor.
Public Accommodation Claims
- Obtained summary judgment in favor of a regional repertory theatre against claims for alleged ADA public accommodation violations. Prevailed again at the Ninth Circuit Court of Appeals, which affirmed.
- Successfully represented a local business mall to avoid ADA public accommodation litigation.
- DRI (Member; Member, Employment Law Steering Committee, 2008-2009)
- Oregon Association of Defense Counsel (Member, Employment Law Section)
- Oregon State Bar (Member; Member, Executive Committee, Civil Rights Section, 2005-2007)
- United States District Court of Oregon Historical Society (Member, Executive Committee, 2005-2006)
John has authored several articles on employment litigation and he regularly presents to employers and trade organizations. Some of his most recent articles and presentations include:
- Speaker, “H.R. Essentials: Recruit, Retain & Remove,” Portland Business Journal BizGrowth Expo
- Author, “Noncompetition Agreements in Oregon, The Basics Every Employer Must Know,” Oregon Dental Association Membership Matters (December 2009)
- Speaker, Southwest Washington Human Resources Management Association (SW HRMA) Human Resources Certification Exam Study Group (2009)
- Selected for inclusion in Oregon Super Lawyers (2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013 — Employment Litigation: Defense)
- Selected for inclusion in The Best Lawyers in America© (2022, 2021, 2020, 2019, 2018, 2017, 2016 — Employment Law – Individuals; Employment Law – Management; Insurance Law)
John and his wife Lori’s greatest happiness is watching their three children excel in academics and athletics. When not boasting about the kids, John enjoys playing catch with Maggie, the family black lab, watching OSU Beaver games, and golf.