Oregon Court of Appeals

2018

January 12 summaries

Columbia Paci c v. City of Portland

“Nondiscriminatory local laws that have only ‘incidental’ effects on interstate commerce are valid unless ‘the burden imposed on such commerce is clearly excessive in relation to the putative local benefits.’” Pike v. Bruce Church, Inc., 397 US 137, 142, 90 S Ct 844 (1970).

Area(s) of Law:
  • Constitutional Law

Daniels v. Allstate Fire and Casualty Co.

To invoke the statutory safe harbor protection under ORS 742.061(3) an insurer must have, in writing, “accepted coverage and the only issues are the liability of the underinsured motorist and the damages due the insured.” Additionally, the insurer must have "consented to submit the case to binding arbitration." ORS 742.061(3)(a)-(b).

Area(s) of Law:
  • Insurance Law

Pilling v. Travelers Ins. Co.

“[ . . . ] the association of two or more persons to carry on as co-owners a business for profit creates a partnership, whether or not the person intended to create a partnership.” ORS 67.055.

Area(s) of Law:
  • Workers Compensation

Rains v. Stayton Builders Mart, Inc.

“When the legislature does not limit the duty that a defendant owes a plaintiff but does limit the size or nature of the remedy, the legislative remedy need not restore all the damages that the plaintiff sustained to pass constitutional muster, . . . but a remedy that is only a parlty fraction of the damages that the plaintiff sustained will unlikely be sufficient.” Quid pro quo and other factors could be used to help in the determination. Horton v. OHSU, 359 Or 168, 220-21,376 P3d 998 (2016).

Area(s) of Law:
  • Remedies

Sharma v. Providence Health & Services-Oregon

Under Hernandez-Nolt v. Washington County, 283 Or App 633, 641, rev den, 361 Or 543 (2017), to succeed on a wrongful discharge claim using a constructive discharge theory, a plaintiff must prove "that the employer’s motive for the constructive discharge was the plaintiff’s exercise of a job-related right or an important public duty."

Area(s) of Law:
  • Employment Law

State v. Robertson

Under ORS 163.575(1)(b), endangering a minor’s welfare exists when a minor enters or remains in a place where a “principal or substantial use of the place involves unlawful drug activity.” State v. Gonzalez-Valenzuela, 358 OR 451, 473 (2015).

Area(s) of Law:
  • Criminal Law

State v. TWW

“Whether a person is a danger to others is determined by his condition at the time of the hearing as understood in the context of his history.” State v. L.R., 283 Or App 618, 625, 391 P3d 880 (2017). In order to authorize involuntary commitment based on a person’s inability to meet his basic needs as a result of a mental disorder, the evidence must show that it is unlikely the person will survive in near short term. State v. S.R., 267 Or App 618, 619, 341 P3d 160 (2014).

Area(s) of Law:
  • Civil Commitment

State v. Urig

“[W]hether an officer unlawfully extends a stop depends on whether the officer makes [an] unrelated inquiry instead of expeditiously proceeding with the steps necessary to complete the stop.” State v. Aung, 265 Or App 374, 379, 335 P3d 351, rev den, 356 Or 575 (2014).

Area(s) of Law:
  • Criminal Procedure

Dickson v. TriMet

The time to give notice of intent to file a tort claim begins when a litigant knows the facts of an injury; not when a litigant becomes aware of the legal significance of those facts. Doe v. Lake Oswego School District, 353 Or 321, 297 P3d 1287 (2013) (citing Kaseberg v. Davis Wright Tremaine, LLP, 351 Or 270, 278, 265 P3d 777 (2011)).

Area(s) of Law:
  • Tort Law

PIH Beaverton LLC v. Red Shield Insurance Co.

If there is doubt as to whether “allegations of a complaint against the insured state a cause of action that is defined within the coverage of a liability policy sufficient to compel the insurer to defend the action,” the court will resolve the doubt in the insured’s favor. West Hills Development Co. v. Chartis Claims, 360 Or 650, 653 (2016); Blohm et al v. Glens Falls Ins. Co., 231 Or 410, 415-16 (1962).

Area(s) of Law:
  • Insurance Law

State v. Burnham

Evidence obtained under invalid or overbroad portions of a warrant may be suppressed while evidence obtained under the rest of the warrant may be admissible. State v. Vermaas, 116 Or App 413, 416, 841 P2d 664 (1992), rev den, 316 Or 142 (1993).

Area(s) of Law:
  • Criminal Procedure

Van Winkel and Van Winkel

In determining what is just and proper in the distribution of marital assets, the trial court focuses “on equitable considerations, including such matters as . . . the extent to which a party has integrated a separately acquired asset into the common financial affairs of the marital partnership through commingling.” ORS 107.105(1)(f); Kunze and Kunze, 337 Or. 122,135-36, 92 P.3d 100 (2004). “[A]cts of commingling may convert a separately acquired asset into a joint asset of the marital partnership,” Kunze, at 139.

Area(s) of Law:
  • Family Law