Dwight Bond

United States Supreme Court (2 summaries)

Buck v. Davis

Testimony from an expert witness regarding propensity for violence based on race meets the Strickland test for ineffective assistance of counsel and the related Rule 60(b)(6) Motion should have been granted as such testimony is not de minimis.

Area(s) of Law:
  • Criminal Procedure

M&G Polymers USA, LLC v. Tackett

Collectively bargained for benefit agreements should be interpreted under ordinary principles of contract law without undue inferences into the intent of the parties.

Area(s) of Law:
  • Contract Law

United States Supreme Court Certiorari Granted (1 summary)

Geneva College v. Burwell

Whether the Affordable Care Act's contraceptive mandate burdens religious exercise of nonprofit organizations.

9th Circuit Court of Appeals (3 summaries)

United States v. Orozco

Testimony that a government official had advised a defendant of a “right to consulate” does not necessarily indicate the defendant’s illegal status because all foreign nationals enjoy this right; additionally a defendant must generally invoke his right to testify prior to the close of evidence.

Area(s) of Law:
  • Criminal Law

Police Retirement Sys. V. Intuitive Surgical

Forward-looking statements that include sufficient warning fall within the safe harbor provision when there is a heightened Federal Rule of Civil Procedure 9(b) pleading requirement.

Area(s) of Law:
  • Corporations

United States v. Augustine

Defendants sentenced prior to the enactment of the Fair Sentencing Act of 2010 are not eligible for a reduced sentence under 18 U.S.C. § 3582(c)(2) because the Act does not apply retroactively.

Area(s) of Law:
  • Sentencing

Oregon Supreme Court (2 summaries)

Wyers v. American Medical Response Northwest, Inc.

A person does not need to have actual knowledge of abuse to be liable under ORS 124.100(5), which permits an action to be brought against a person who "permit[s]" abuse against a victim.

Area(s) of Law:
  • Civil Law

Moro v. State of Oregon

In complex cases with multiple parties with different requests for attorney’s fees and costs, it is appropriate for the Court to appoint a special master to make findings of fact and recommendations for the reasonable allocation of attorney’s fees and costs for each party.

Area(s) of Law:
  • Attorney Fees

Oregon Court of Appeals (5 summaries)

Genova v. Veterinary Medical Examining Board

In addition to the substantial evidence requirement for findings, “agencies are also required to demonstrate in their opinions the reasoning that leads the agency from the facts that it has found to the conclusions that it draws from those facts.”

Area(s) of Law:
  • Administrative Law

State v. B. O.

In a civil commitment case, a trial court commits plain, reversible error if it fails to permit the individual to subpoena witnesses pursuant to ORS 426.100(1).

Area(s) of Law:
  • Civil Commitment

State v. Lucero

Evidence showing the legality of legal proceedings resulting in an eviction is not admissible at trial when those proceedings are final and have no consequence regarding the legality of Defendant's entry or whether Defendant was aware that the entry was otherwise licensed or privileged.

Area(s) of Law:
  • Evidence

16th Group, LLC v. Lynch Mechanical Construction, LLC

Under ORS 20.077, attorney fees are awarded to a prevailing party on a “claim-by-claim” basis.

Area(s) of Law:
  • Attorney Fees

Sohn v. Thi

Under ORCP 54 A, dismissal of a case is to be with prejudice where the plaintiff’s dismissed action and prior action was (1) against the same defendant and (2) for the same claim.

Area(s) of Law:
  • Civil Procedure

Intellectual Property (6 summaries)

Authors Guild v. Hathi Trust

When an association serving people with disabilities creates an online database of copyrighted works they are protected under the Fair Use Doctrine.

Area(s) of Law:
  • Copyright
  • , Fair Use

Metropolitan Regional Information System, Inc. v. American Home Realty Network, Inc.

If the owner of a copyrighted database also owns the copyright to the individual components of that database they are not required to list each individual copyright as previous work when filing for an updated copyright to the database.

Area(s) of Law:
  • Copyright

Carpenter Tech. Corp. v. Allegheny Techs., Inc.

To show that a patent is unenforceable because of inequitable conduct, the alleged infringer must show that the patentee intentionally withheld, or misrepresented, material information from the patent examiner. The intent and materiality elements must be shown independently, and each must be proven by clear and convincing evidence.

Area(s) of Law:
  • Patents

Coach, Inc. v. Island Rayz

Counterfeit products create a presumption of likelihood of confusion as to whether the sellers are affiliated with the owner of the senior mark.

Area(s) of Law:
  • Trademarks
  • , Infringement

Disney Enters. v. Rea

A patent claim is invalid for obviousness where it merely combines technologies existing at the time of invention.

Area(s) of Law:
  • Patents
  • , Obviousness

Johnston v. Rea

In a civil action to receive a patent after initial rejection, the applicant may submit new, objective evidence and if that evidence relates to a disputed question of fact the PTO's findings of fact are reviewed de novo. If no new evidence is offered, the PTO's findings are entitled to deference and will only be set aside if the PTO's actions were arbitrary, capricious, an abuse of discretion, or not in accordance with the law.

Area(s) of Law:
  • Patents
  • , Review After Initial Rejection

Land Use Board of Appeals (2 summaries)

The Relief Nursery v. City of Springfield

Under OAR 661-010-0021(5)(e), if no amended notice of intent to appeal is filed or no original notice of intent to appeal is refilled, the appeal will be dismissed.

Area(s) of Law:
  • Land Use

Columbia Pacific Building Trades Council v. City of Portland

OAR 661-010-0071 requires LUBA to reverse a land use decision if it finds the decision to be unconstitutional.

Area(s) of Law:
  • Land Use