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Oregon Supreme Court

Opinions Filed in May 2023

State v. A.R.H.

Under ORS 163A.030, 鈥淸t]he person who is the subject of the hearing has the burden of proving by clear and convincing evidence that the person is rehabilitated and does not pose a threat to the safety of the public.鈥

Area(s) of Law:
  • Criminal Law

Adelsperger v. Elkside Dev. LLC

鈥淥RS 63.165 immunizes members and managers of an LLC from vicarious liability for the debts, obligations, and liabilities of that LLC. LLC members and managers, however, remain personally liable for their acts and omissions to the extent those acts or omissions would be actionable against the member or manager if that person were acting in individual capacity.鈥 Cortez v. Nacco Materials Handling Group, 356 Or. 254, 280, 337 P3d 111 (2014).

Area(s) of Law:
  • Corporations

State v. Living Essentials, LLC.

Under ORS 646.608(1)(b) and (1)(e), a business practice is unlawful if it 鈥淸c]auses likelihood of confusion or of misunderstanding as to the source, . . . approval, or certification of . . . goods鈥 or it 鈥淸r]epresents that . . . goods . . . have . . . approval, characteristics, . . . uses, benefits, quantities or qualities that the . . . goods . . . do not have.鈥

Area(s) of Law:
  • Business Law

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