Allianz Global Risks v. ACE Property & Casualty Ins. Co.
"The existence of side agreements, indemnification promises, or an insured's waiver of policy terms is simply irrelevant to the contribution rights set out in the OECAA. Under that statute, as under our coverage cases,听see听Ledford听v. Gutoski, 319 Ore. 397, 399-400, 877 P2d 80 (1994), whether an insurance company has a 'duty to defend or indemnify' its insured depends on听two documents: the insurance policy and the complaint."
Area(s) of Law:- Business Law
Strasser v. State of Oregon
Under ORS 138.500(1) and ORS 138.500(2)(b), a written request by a criminal defendant for appellate counsel regarding a judgment that they wish to appeal shall be appointed counsel, and the Court of Appeals has concurrent authority once a notice of appeal is filed.听ORS 138.550(2) provides that 鈥減etitioner for post-conviction relief may assert ground for relief that could reasonably have been asserted in a direct appeal if petitioner was unrepresented on appeal due to lack of funds to retain counsel and failure of the court to appoint counsel.鈥澨
Area(s) of Law:- Criminal Procedure
Collins v. Yellen
The restriction of the President鈥檚 authority to remove the director of the Federal Housing Finance Agency violates the separation of powers principle.
Area(s) of Law:- Constitutional Law
State v. Prouty
Under听State v. Newton, 286 Or App 274 (2017), a person may be seized when the totality of the circumstances 鈥渢ransform[s] the encounter into a seizure, even if the circumstances, individually, would not create a seizure.鈥
Area(s) of Law:- Criminal Procedure
State v. Keys
In Huffman v. Alexander, 197 Or. 283, (1952), the court explained that 鈥淚t follows from the express language of the [Oregon] constitutional provision and from the authorities cited that unless a defendant validly waives indictment, he cannot be tried upon information filed by the district attorney. A judgment rendered upon an information without waiver of indictment would be void.鈥
Area(s) of Law:- Appellate Procedure