Dep鈥檛 of Human Servs. v. T.M.D.
"In a termination proceeding, if a parent鈥檚 conduct justifies termination, then the best interests of the child are considered explicitly, and could even then prevent termination from occurring.鈥 State ex rel Juv. Dept. v. Beasley, 314 Or 444, 451-52, 840 P2d 78 (1992).
Area(s) of Law:- Juvenile Law
State v. Moreno-Hernandez
鈥淚t is generally held that medical expenses incurred due to the negligent injury of a minor unemancipated child are damages suffered by the parent and not the child.鈥 Palmore v. Kirkman Laboratories, 270 Or 294, 527 P2d 391 (1974); ORS 31.700.
Area(s) of Law:- Sentencing
State v. Toth
There are three requirements for a compensatory fine: 鈥淸t]he first is that the crime must 鈥榬esult[] in injury.鈥欌 State v. Moreno Hernandez, 365 Or 175, __ (2019) (quoting ORS 137.101(1)). Second, "the statutory definition of 'victim' in ORS 137.103(4) must be met, which usually requires a showing that the victim suffered 'economic damages,' defined by ORS 31.710 as 'reasonable charges necessarily incurred for medical, hospital, nursing and rehabilitative services and other health care services***.'" Third, 鈥溾榯hose damages were recoverable against the defendant in a civil action.鈥欌 Moreno Hernandez, 365 Or at __ (quoting State v. Barkley, 315 Or 420, 438, 846 P2d 390 (1993)).
Area(s) of Law:- Remedies
Eugene Water and Electric Board v. PERB
Under former听ORS 237.011 (1981), a person is only eligible for the PERS benefits if they are "in the service of a public employer for a six month period," and under听former ORS 237.071(2), "the employer must deduct the contributions of employees from the payroll and transmit that information to the board to create an account for the employee in the fund."听
Area(s) of Law:- Administrative Law
State v. Gutierrez-Medina
Comparative fault is not available as a defense for conduct involving "culpability beyond gross negligence." Johnson v. Tilden, 278 Or 11, 17, 562 P2d 1188 (1977); Cook v. Kinzua Pine Mills Co. et al, 207 Or 34, 42, 293 P2d 717 (1956).
Area(s) of Law:- Criminal Law
State v. Sperou
Under ORS 136.415, 鈥淸W]here a defendant denies that any crime occurred, references to the complaining witness as a 鈥榲ictim鈥 may undermine the presumption of defendant鈥檚 innocence because it assumed defendant鈥檚 guilt, a fact that is necessarily not proved until the jury finds the defendant guilty.鈥 See also Jackson v. Virginia, 442 US 307, 315, 99 S Ct 2781 (1979).
Area(s) of Law:- Evidence
Garcia-Solis v. Farmers Ins. Co.
鈥淔or every compensable injury, the insurer *** shall cause to be provided medical services for conditions caused in material part by the injury ***鈥 ORS 656.245(1).
Area(s) of Law:- Workers Compensation
State v. Riley
Under ORS 136.440(1), 鈥溾榯he corroborative evidence must be independent of the testimony of the accomplice.鈥欌澨齋tate v. Brake, 99 Or 310, 313, 195 P 583 (1921). 鈥淥ther evidence is required by the statute, 鈥榮o that it can in truth be said that his conviction is not based entirely upon the evidence of the accomplice.鈥欌 Id.
Area(s) of Law:- Criminal Law