Nathan Boughton

Oregon Supreme Court (1 summary)

In re McCarthy

A 90-day suspension from the practice of law is an appropriate sanction for an attorney who has been found to have knowingly violated RPC 1.1, RPC 1.4(a), RPC 1.4(b), RPC 1.15-1(c).

Area(s) of Law:
  • Professional Responsibility

Oregon Court of Appeals (13 summaries)

State v. Burton

In cases litigated prior to State v. Mills, 354 Or 350 (2013), a defendant may challenge venue through a motion for judgment of acquittal.

Area(s) of Law:
  • Criminal Law

State v. Hikes

A trial court may take into account a defendant’s attitude at sentencing, as well as his extensive criminal history when determining eligibility for sentence modification programs.

Area(s) of Law:
  • Sentencing

State v. Wolf

The “place of residence” exception to ORS 166.250 includes temporary residences and areas outside of residential structures.

Area(s) of Law:
  • Criminal Law

Brown and Brown

When reviewing spousal support amounts in settlement agreements not incorporated into a stipulated judgment courts should consider whether the agreement is just and equitable not whether it violates public policy.

Area(s) of Law:
  • Family Law

State v. Dorsey

A Defendant may only be required to pay restitution for pecuniary damages for criminal activity when he or she has been convicted or has admitted to the crime.

Area(s) of Law:
  • Sentencing

State v. Wallace

A defendant represented by court appointed counsel shall not be ordered to pay attorney fees unless it can be determined that the defendant may be able to pay them.

Area(s) of Law:
  • Attorney Fees

Cascade Physical Therapy v. Hartford Casualty Ins.

OAR 436-009-0040(1) sets a maximum for fees paid for medical services of injured workers, and is not intended to prevent parties from agreeing on a lower rate than would normally be paid under the fee schedule.

Area(s) of Law:
  • Insurance Law

State v. Riley

In order for hearsay statements to be admitted under OEC 803(18a)(b), a notice of intent must adequately identify the substance of the evidence introduced and the witness or the method by which the statements will be introduced.

Area(s) of Law:
  • Evidence

Spain v. Jones

The Yowell doctrine precludes a grant of summary judgment on common law negligence claims, and premises-liability claims when a genuine issue of material fact exists.

Area(s) of Law:
  • Civil Procedure

State v. Sewell

Evidence may be admitted at trial if its probative value is not substantially outweighed by the potential of unfair prejudice towards the Defendant.

Area(s) of Law:
  • Evidence

State of Oregon v. Jeffery Dean Beagley

A parent has an absolute duty to provide medical care to a child, and that once a reasonable person should know that there is a substantial risk that a child will die without medical care, the parent must provide that care, or allow it to be provided.

Area(s) of Law:
  • Criminal Law

State v. Beagley

A parent has an absolute duty to provide medical care to their child, and once a reasonable person would know that there is a substantial risk that a child will die without medical care, the parent must provide medical care, or allow medical care to be administered.

Area(s) of Law:
  • Criminal Law

Paton v. American Family Mutual Ins. Co

An insurance company's express consent to the arbitration process suffices to "formally institute" arbitration proceedings under ORS 742.504(12)(a)(B).

Area(s) of Law:
  • Insurance Law