Oregon Supreme Court (3 summaries)
Troubled Asset Solutions v. Wilcher
The gross negligence element of contract reformation requires 鈥渃onsidering whether reformation would prejudice the other party to the transaction or a third party, as well as whether other equities may favor one party over the other.鈥
Area(s) of Law:- Contract Law
Powell Street I v. Multnomah County Assessor
鈥淚f the owner of a shopping center has driven out tenants by mismanagement, then that mismanagement is a characteristic of the owner and generally should not affect the property鈥檚 real market value for ad valorem tax purposes.鈥
Area(s) of Law:- Tax Law
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
Oregon Court of Appeals (14 summaries)
Windmill Inns of America, Inc. v. Cauvin
鈥淭o make out a case of waiver of a legal right there must be a clear, unequivocal, and decisive act of a party showing such a purpose.鈥 Assn. of Oregon Corrections Emp. v. State of Oregon, 353 Or 183, 295 P3d 46 (2013) (quoting Metropolitan Edison Co. v. NLRB, 460 US 693, 708, 103 S Ct 1467, 75 L Ed 2d 387 (1983)).
Area(s) of Law:- Corporations
Concienne v. Asante
Under ORS 12.110(4), 鈥渁 medical malpractice action accrues 鈥榳hen the injury is first discovered or in the exercise of reasonable care should have been discovered.鈥欌 Kastle v. Salem Hospital, 284 Or App 342, 347, 392 P3d 374 (2017).
Area(s) of Law:- Bankruptcy Law
Bank of New York Mellon Trust Co. v. Sulejmanagic
鈥淸T]here is nothing in the plain language of ORS 100.450(7)(c) that requires such an action to be pending . . . rather the operative language in ORS 100.450(7)(c) turns on whether the lender has or has not 鈥榠nitiated judicial action.鈥欌
Area(s) of Law:- Consumer Credit
Providence Health Plan v. Allen
Under ORS 750.005(4)(a), an entity is a health care service contractor when it is 鈥溾榠ntimately connected with a group of doctors [and hospitals] licensed by this state鈥 and provides all the medical benefits to the plan鈥檚 participants.鈥
Area(s) of Law:- Insurance Law
Hulme v. City of Eugene
Pursuant to Eugene Code EC 9.2750, net density is defined as 鈥渢he number of dwelling units per acre of land in actual residential use and reserved for the exclusive use of the residents.鈥
Area(s) of Law:- Land Use
Bearden v. N. W. E., Inc.
"[W]hen the plaintiff claims that a co-worker created a hostile environment through sexual harassment, the employer is liable if the employer knew or should have known of the harassment and failed to take prompt remedial action ***." Harris v. Pameco Corp., 170 Or App 164, 177, 12 P3d 534 (2000).
Area(s) of Law:- Employment Law
Card and Card
ORS 107.105(1) 鈥済enerally does not authorize a court to award property as spousal support鈥 unless 鈥渢he assets awarded in the property division may also generate new income that may be considered in determining future spousal support payments.鈥 Johnson and Price, 280 Or App 71, 79, 380 P3d 983 (2016).
Area(s) of Law:- Family Law
Eberhardt v. Providence Health and Service
A 鈥渢rial court d[oes] not abuse its discretion by granting summary judgment without giving plaintiff additional time to submit鈥 a response to pleadings when 鈥淸t]he court had already granted plaintiff additional time to file [the] response and made it clear to plaintiff that it would not allow any additional postponements.鈥
Area(s) of Law:- Civil Procedure
Bethlehem Construction, Inc. v. PGE
The parties enter into a continuing contract when 鈥渢he various items listed in the notice of lien were contemplated by the parties to be considered as part of one continuous contract.鈥 Spaeth v. Becktell, 150 Or 111, 120, 41 P2d 1064 (1935).
Area(s) of Law:- Contract Law
Summit Real Estate Management v. Mid-Century Ins. Co.
鈥淚f there is more than one plausible interpretation [of an insurance policy], we examine the word or phrase in the context in which it is used in the policy and the broader context of the policy as a whole.鈥 Bighorn Logging Corp. v. Truck Ins. Exchange, 295 Or App , 828-29, 437 P3d 287 (2019).
Area(s) of Law:- Insurance Law
State v. Sprow
鈥淓vidence commenting on a suspect鈥檚 invocation of the right to remain silent or the right to counsel may require a mistrial 鈥榠f it raises the impermissible inference that the defendant did so because he was guilty.鈥欌澨齋tate v. Hunt, 297 Or App 597, 600-601 (2019).
Area(s) of Law:- Criminal Law
State v. Moravek
The trial court [has] an obligation to instruct the jury on passive resistance only if it is either an element of interfering with a police officer, State v. Gray, 261 Or App 121, 129, 322 P3d 1094 (2014), or a defense other than an affirmative defense that the defendant 鈥榬aised鈥 at trial.State v. Abram, 273 Or App 449, 456, 359 P3d 431 (2015).
Area(s) of Law:- Criminal Law
State v. Kamph
鈥淸T]he 鈥榗ritical question鈥 that must be asked in determining whether the [dog] sniff violates the Fourth Amendment is whether the sniff 鈥榓dds time to鈥 the [traffic] stop.鈥 State v. Rosales, 291 Or. App. 762, 769, 423 P3d 112 (2018) (quoting Rodriguez v. United States, 135 S. Ct. 1609, 1616, 191 L. Ed. 2d 492 (2015).
Area(s) of Law:- Criminal Law
State v. Minor
Under ORS 137.106(1)(a), 鈥渢he State is free to seek restitution damages, and the defendant is free to oppose them.鈥 State v. Heisser, 350 Or 12, 27, 249 P3d 113 (2011).
Area(s) of Law:- Remedies