Michael Mosman

Michael Mosman
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Current Court Information:
United States District Court for the District of Oregon
Title:	Judge
Position:	Seat #3
Service:
Appointed by:	George W. Bush
Active:	9/26/2003 - Present
Preceded by:	Robert E. Jones
Personal History
Born:	1956
Home State:	Eugene, OR
Bachelors:	Utah State U., B.S., 1981
Law School:	Brigham Young U., J. Reuben Clark Law School, J.D., 1984

Michael Mosman is an Article III federal judge for the United States District Court for the District of Oregon. He joined the court in 2003 after being nominated by President George W. Bush.

Early life and education

A native of Oregon, Mosman graduated from Ricks College with an Associate's Degree in 1979 and later graduated from Utah State University with his Bachelor's Degree in 1981 and later graduating from Brigham Young University's (BYU) J. Reuben Clark Law School with his J.D. in 1984.

Professional career

Mosman began his career as a law clerk for Federal Appeals Judge Malcolm Wilkey in the United States Court of Appeals for the District of Columbia Circuit from 1984 to 1985 before spending one year as a private practice attorney in 1985. Mosman also was a law clerk to former Supreme Court Justice Lewis Powell in the Supreme Court of the United States from 1985 to 1986 and later resumed his work in private practice licensed in the State of Oregon from 1986 to 1988. Mosman later joined the US Attorney's Office as a Assistant U.S. attorney for the District of Oregon from 1988 to 2001 before being nominated by President George W. Bush as U.S. Attorney for the District of Oregon from 2001 to 2003.

Judicial career

District of Oregon

Mosman was nominated by President George W. Bush on May 8, 2003 to a seat vacated by Robert Jones as Jones assumed senior status. Mosman was confirmed by the U.S. Senate on September 25, 2003 on a unopposed 93-0-7 senate vote and received commission on September 26, 2003.

Notable cases

Workplace meetings law

United States District Court for the District of Oregon      *Associated Oregon Industries and Chamber of Commerce of the United States of America v. Brad Avakian and the Laborers' International Union of North America, Local No. 296 Case 3:09-cv-01494-MO

Judge Mosman, on May 7, 2010, dismissed a lawsuit filed by the U.S. Chamber of Commerce and Associated Oregon Industries regarding a new law in Oregon that prohibits employers from firing employees who refuse to attend meetings involving politics, religion and/or union topics. The U.S. Chamber of Commerce filed suit claiming the new law violated the First Amendment of the U.S. Constitution on the principle of free speech. The judge dismissed the case because the U.S. Chamber could not provide sufficient evidence to prove that they suffered legal injury from the new law.

Vatican employer case

United States District Court for the District of Oregon      *John V. Doe v. The Holy See, et al. Case No. CV 02-430-MO

Judge Mosman presided over a case filed by a Catholic priest's sexual assault victim who attempted to sue the Vatican for damages. Mosman ruled that the Vatican is not the employer of Catholic priests, rendering alleged victims unable to pursue claims for financial damages due to actions of the priests. Judge Michael Mosman handed down the ruling on August 20 in the last remaining major U.S. sex abuse case against the Holy See. Cases filed against the Vatican in Kentucky and Wisconsin were dropped in recent previous years. The case, Doe v. See, has centered primarily on whether or not an employee-employer relationship exists between the Vatican and Fr. Andrew Ronan. The plaintiff, identified only as John V. Doe in court documents, alleged that Fr. Ronan raped in the 1960s in Portland, Oregon. Ronan died in 1992, leaving Doe only able to pursue claims against The Holy See, The diocese of Portland and Archdiocese of Chicago. The latter two cases were dismissed several years ago. The case against the Holy See, however, proceeded. In 2006, Judge Mosman ruled that Doe’s case could proceed, but his attorneys would be required to prove that the Vatican was indeed Ronan’s employer. Mosman’s 2012 ruling, however, ended Doe’s case. Instead of an employer-employee relationship, Mosman found that the relationship was more akin to that of the Oregon State Bar. The Bar has control over attorneys through sanctions and the ability to disbar one, but it is unable to fire an attorney. The Vatican’s relationship to its priests was found to be similar. Read the full news article here

See also

• United States District Court for the District of Oregon

External links

• Judge Mosman's Biography at the Federal Judicial Center

References

Federal judicial offices
Preceded by: Robert E. Jones	District of Oregon 2003–Current Seat #3	Succeeded by: NA