Erin Holderman

Oregon Supreme Court (3 summaries)

Trees v. Ordonez

A non-physician may be able to establish the standard of care needed in a medical malpractice case involving a physician to overcome a motion for directed verdict so long as that person is an expert in the area.

Area(s) of Law:
  • Tort Law

Cocchiara v. Lithia Motors, Inc.

An employee may be able to prove that he reasonably relied on an offer of employment for a job that is terminable at-will under the theories of promissory estopple and fraudulent misrepresentation.

Area(s) of Law:
  • Contract Law

Weldon v. Board of Licensed Professional Counselors and Therapists

The text of ORS 676.210 grants courts statutory power to enter injunctions. It does not deprive the court's ability to enter stays of an agency's order suspending a health care professional's occupational license and therefore does not impede on the courts inherent judicial powers.

Area(s) of Law:
  • Administrative Law

Oregon Court of Appeals (20 summaries)

State v. Roelle

Under ORS 132.560(3), when a jury can easily separate whether a defendant is guilty of two separate types of crimes, joinder is not necessary to prevent prejudice.

Area(s) of Law:
  • Criminal Procedure

Ibarra v. Barnes

In-chambers conversations held off the record may create an insufficient record for the Court of Appeals to review on appeal.

Area(s) of Law:
  • Family Law

State v. Stinstrom

Administrative seizures are not subject to the inventory exception if the item is not already lawfully possessed by the officer.

Area(s) of Law:
  • Criminal Procedure

State v. Danielson

Implied consent does not apply to officers opening an almost completely closed bedroom door; therefore, police officers' observations made after doing so are considered an unlawful search.

Area(s) of Law:
  • Criminal Procedure

Uhde and Uhde

If a party is deemed to have not appeared in front of the court, they are not entitled to proper service or the opportunity to object under ORCP 68 C.

Area(s) of Law:
  • Family Law

State v. Lasky

Evidence used to prove the required mental state of a particular crime is relevant unless the evidence is otherwise excluded by other State or Federal law.

Area(s) of Law:
  • Evidence

State v. Woodall

Offering curative jury instructions in the event that inappropriate information reaches the jury may be enough to ensure a defendant receives a fair trial.

Area(s) of Law:
  • Criminal Procedure

Cayton v. Safelite Glass Corp.

Penalties are not considered “compensation” under the Worker’s Compensation Law and therefore cannot be used to award attorney fees under ORS 656.382(1).

Area(s) of Law:
  • Workers Compensation

Dept. of Human Services v. M. H.

Under ORS 419.476(5)(d) and ORS 419B.498(2), compelling reasons must be stated to terminate parental rights before a permanency judgment can be entered.

Area(s) of Law:
  • Juvenile Law

Park v. Dept. of Corrections

It is impermissible to award attorney fees simply because a witness is disbelieved or because their credibility is challenged.

Area(s) of Law:
  • Attorney Fees

State v. Edblom

When admitting certain hearsay statements under under OEC 803(18a)(b), notice must be served that identifies the substance of the statement sought to be introduced and also identify the witness or the means by which the statement will be introduced.

Area(s) of Law:
  • Evidence

State v. Mccallum

Post-prison supervision, when added to the prison term, may not exceed the statutory maximum indeterminate sentence for the crime of defendant's conviction.

Area(s) of Law:
  • Sentencing

Miller v. Jones

An easement will be found when the agreement between the parties shows the intent to do so. An easement will be appurtenant so long as there is no contrary intent and the dominant estate is identified.

Area(s) of Law:
  • Property Law

Re. v. PERS

The Court of Appeals will not directly or indirectly overrule Supreme Court Case Law.

Area(s) of Law:
  • Administrative Law

State v. Cluver

Criminal defendants are entitled to have lesser-included offenses included in jury instructions despite the likelihood of being convicted of the greater offense.

Area(s) of Law:
  • Criminal Procedure

State v. Bircher

Delay in court scheduling that can be attributed to the state is reasonable under ORS 135.747 if it does not fall "outside the norm of acceptable court scheduling practices."

Area(s) of Law:
  • Criminal Procedure

State v. Eshaia

Evidence that a defendant is receiving income through disability payments is sufficient evidence for a trial court to impose attorney's fees under the "is" or "may be able" to pay standard.

Area(s) of Law:
  • Attorney Fees

State v. Smith

Once a defendant who has wrongfully appropriated items has been notified that a victim considers property to be stolen, the defendant can no longer claim he did not have knowledge that the items were stolen.

Area(s) of Law:
  • Criminal Law

State v. Unger

Consent to search a residence is invalid if it is obtained after officers have illegally trespassed in the individual's backyard therefore making any evidence that results from the consent inadmissible.

Area(s) of Law:
  • Criminal Procedure

Hatkoff v. Portland Adventist Medical Center

A prescribed grievance and arbitration procedure will not be found unconscionable when the means used to gain plaintiff's agreement to the procedure were themselves not unconscionable.

Area(s) of Law:
  • Alternative Dispute Resolution