The Oregon Court of Appeals has affirmed a ruling that found attorney William F. Buchanan and his firm, Buchanan Schmid LLC, liable for wrongful initiation of a civil proceeding against Uber driver Rhonda Bowlin. The court's decision, issued on November 4, 2026, highlights the legal standards surrounding wrongful initiation claims and the responsibilities of attorneys when filing lawsuits.

This ruling is significant as it clarifies the burden of proof required for plaintiffs in wrongful initiation cases, particularly in the context of Oregon's anti-SLAPP statutes, which aim to protect individuals from frivolous lawsuits intended to silence public participation. The outcome affects attorneys and their clients involved in civil litigation, emphasizing the need for a reasonable basis before initiating legal actions.

Background

The case originated from an incident involving an Uber driver, Rhonda Bowlin, and a passenger who assaulted her. Following the assault, the passenger was charged with various crimes. However, attorney William F. Buchanan, representing the passenger, filed a tort action against Bowlin, claiming she had battered the passenger, defamed him, and intentionally caused him emotional distress.

After Bowlin rejected settlement offers from the passenger, she filed counterclaims against him for assault, battery, and intentional infliction of emotional distress. The passenger eventually pleaded no contest to a charge of fourth-degree assault, and the tort action against Bowlin was dismissed with prejudice. Subsequently, Bowlin initiated a wrongful initiation claim against Buchanan, arguing that he had filed the original lawsuit without probable cause.

The Ruling

The Court of Appeals upheld the trial court's decision, which denied Buchanan's special motion to strike Bowlin's claim under Oregon's anti-SLAPP statutes. The court ruled that Bowlin had presented substantial evidence to support her claim of wrongful initiation. The judge, S. J. Walters, stated, "The evidence of those affirmative defenses comes compellingly and indisputably from the dashcam audio and video recording." The court outlined the necessary elements for a wrongful initiation claim, which include the requirement that the attorney lacked probable cause to file the underlying lawsuit and acted with malice. The court found that Bowlin had met her burden of proof on these elements, particularly noting that the evidence suggested that Buchanan had no reasonable basis for pursuing the battery claim against her.

Additionally, the court addressed the issue of whether Bowlin needed to demonstrate that Buchanan lacked probable cause for each claim he filed against her. The ruling clarified that it was sufficient for Bowlin to show that there was no probable cause for any one of the claims, rejecting Buchanan's argument for a categorical rule that would require proof for all claims.

Impact

This ruling establishes important legal precedents regarding wrongful initiation claims in Oregon. It reinforces the notion that attorneys must have a reasonable basis for filing lawsuits and cannot rely solely on their clients' representations without conducting due diligence. The court's decision also emphasizes the importance of the anti-SLAPP statutes in protecting individuals from baseless legal actions that can be used to intimidate or silence them.

The ruling may have broader implications for attorneys in Oregon, as it sets a clear standard for evaluating probable cause in wrongful initiation cases. This could lead to more cautious behavior among attorneys when considering the filing of lawsuits, particularly in situations where the facts are disputed or where there is potential for a claim of wrongful initiation.

What's Next

While Buchanan has the option to appeal the decision, the court's ruling stands as a significant legal precedent in Oregon. There are currently no related cases pending that directly address the same issues, but this ruling may influence future wrongful initiation claims and the strategies employed by attorneys in similar situations.