January 1 summary
State v. Craigen
鈥淥nce an attorney is appointed or retained, there can be no interrogation of a defendant concerning the events surrounding the crime charged unless the attorney representing the defendant on that charge is notified and afforded a reasonable opportunity to attend.鈥 State v. Sparklin, 296 Or 85, 93, 672 P2d 1182 (1983).
Area(s) of Law:- Constitutional Law
February 4 summaries
Arnold v. Kotek
Mandamus is an 鈥溾榚xtraordinary remedial process which is awarded not as a matter of right, but in the exercise of sound judicial discretion.鈥欌 See State ex rel Fidanque v. Paulus, 297 Or 711, 717, 688 P2d 1303 (1984).
Area(s) of Law:- Civil Law
In re DuBoff
Under RPC 1.8(a), a lawyer who enters into a business transaction with a client must obtain the client鈥檚 informed consent by providing 鈥渋n a writing signed by the client, [] the essential terms of the transaction鈥︹
Area(s) of Law:- Professional Responsibility
Haas v. Estate of Mark Steven Carter
The but-for standard of causation is appropriate in multiple causation negligence cases, unless two causes concur to bring about an injury and either one of them, operating alone, would have caused the same result.
Area(s) of Law:- Tort Law
Lawrence v. Oregon State Fair Council
Under State v. Hitz, a party must not be 鈥渁mbushed, or misled or denied an opportunity鈥 to respond to an opposing party鈥檚 or court鈥檚 statements. State v. Hitz, 307 Or 183, 189, 766 P2d 373 (1988).
Area(s) of Law:- Evidence
March 2 summaries
Wilhelms v. Rosenblum
ORS 250.035(2)(a) requires ballot-title captions to 鈥渞easonably identify[y] the subject matter of the state measure. ORS 250.035(2)(b) requires that yes statements be 鈥渟imple and understandable statement[s] . . . that describe[] the result if the state measure is approved.鈥 ORS 250.035(2)(d) requires that the summaries 鈥渟ummarize[e] the state measure and its major effect.鈥
Area(s) of Law:- Ballot Titles
Guerrero-Perez v. Kelly
When a petitioner establishes that their conviction was based on a nonunanimous jury verdict, they are entitled to post-conviction relief.听Watkins v. Ackley, 370 Or 604 (2022).
Area(s) of Law:- Post-Conviction Relief
April 2 summaries
State v. Mott
In deciding whether to grant a post-opinion motion to dismiss, the Court of Appeals should weigh a number of factors including whether the motion is unopposed, whether the dismissal would allow a party to avoid legal consequences, and if there are compelling practical consequences the appealing party wishes to avoid. State v. Lasheski, 312 Or App 714, 721-22 P3d 1118 (2021).
Area(s) of Law:- Appellate Procedure
SAIF Corp. v. Coria
The board鈥檚 order imposing a penalty must 鈥渁rticulate a rational connection between the facts and the legal conclusions it draws from them.鈥 Jenkins v. Bd. of Parole, 335 P.3d. 828 (2014).
Area(s) of Law:- Workers Compensation
May 3 summaries
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
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. 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
June 3 summaries
State v. Haley
Under ORS 164.205(1), a 鈥渟eparate unit鈥 is determined by its structure, occupancy, function, layout, and appearance within a building.
Area(s) of Law:- Criminal Law
State v. Turay
A warrant for digital data meets the particularity requirement in the Oregon Constitution when it 鈥渄escribe[s] the information the state seeks鈥ith as much specificity as reasonably possible under the circumstances鈥 and does 鈥渘ot authorize a search that is broader than the supporting affidavit supplies probable cause to justify.鈥 State v. Mansor, 363 Or 185, 222, 212, 421 P3d 323 (2018). When a defendant 鈥渆stablish[es] a minimal factual nexus between [a constitutional violation] and the challenged evidence鈥 there is a presumption that the challenged evidence be suppressed, which can be rebutted only by establishing 鈥渢hat the challenged evidence was untainted by鈥 the violation. State v. DeJong, 368 Or 640, 642, 497 P3d 710 (2021).
Area(s) of Law:- Criminal Procedure
State v. Lee
A warrant application satisfies the requirement in ORS 133.545(6) when it 鈥減articularly sets forth the facts and circumstances tending to show that the objects of the search are in the places . . . to be searched.鈥
Area(s) of Law:- Evidence
July 1 summary
Bundy v. NuStar GP LLC
鈥淚f, after consideration of text, context, and legislative history, the intent of the legislature remains unclear, then the court may resort to general maxims of statutory construction to aid in resolving the remaining uncertainty.鈥 PGE v. Bureau of Labor and Industries, 317 Or 606, 612 (1993).
Area(s) of Law:- Workers Compensation
August 1 summary
State v. Benton
鈥淎n informant is acting on behalf of the state when... the police are 鈥榙irectly or indirectly involved to a sufficient extent in initiating, planning, controlling or supporting the informant鈥檚 activities鈥 to render the informant a state agent.鈥 State v. Smith, 310 Or 1, 13 (1990).
Area(s) of Law:- Criminal Procedure
September 1 summary
Woodland v. Dept. of Rev.
If a court鈥檚 decision will have 鈥渘o practical effect on the rights of parties鈥, then an action is moot. Dept. of Human Services v. P.D., 368 Or 627, 631 (2021). ORS 14.175 鈥減ermits a court to issue a judgment on the validity of the challenged act or policy鈥 in an otherwise moot case. Eastern Oregon Mining Association v. DEQ, 360 Or 10, 15, 19 (2016).
Area(s) of Law:- Tax Law