Joseph Lavelle

Oregon Supreme Court (2 summaries)

Weber Coastal Bells v. Metro

Metro did not exceed its statutory authority when it approved a land use order on the basis of political necessity because the act that granted it authority for such approval did not state otherwise.

Area(s) of Law:
  • Land Use

Kaseberg v. Davis Wright Tremaine, LLP

A jury could find that when a lawyer informs their client that a breach of contract occurred, an objectively reasonable person would not suspect their attorney committed legal malpractice, thus causing their client's damages.

Area(s) of Law:
  • Tort Law

Oregon Court of Appeals (14 summaries)

State v. Durst

Unlawful use of a weapon and menacing charges require the State to prove Defendant's intent to engage in particular conduct and the intent to cause a particular result. Therefore, jury instructions that refer to both the conduct and the result are not errors.

Area(s) of Law:
  • Criminal Procedure

Reach Community Development v. Stanley

A letter from a landlord to tenant indicating that rent will not be accepted pending resolution of a BOLI investigation does not constitute a waiver of the landlord's right to insist on the payment of all accrued rent within 72-hours of issuing and serving a notice of nonpayment pursuant to ORS 90.394.

Area(s) of Law:
  • Landlord Tenant

Bailey v. Bailey

In determining a "just and equitable" amount in spousal support payments, a goal in a dissolution of a long term marriage is to provide a standard of living comparable to the one enjoyed during the marriage.

Area(s) of Law:
  • Family Law

Caldeen Construction, LLC v. M. Mark Kemp

A trial court abuses its discretion in dismissing an amended complaint in an attorney negligence claim where the plaintiff attempts to amend the complaint to allege that but for the defendant's negligence, the outcome in the underlying case would have been different.

Area(s) of Law:
  • Criminal Law

State ex rel Juv. Dept v. S.J.P

A Juvenile Court may not order as compensatory damages against a youth if such damages are not recoverable as a remedy to a civil action.

Area(s) of Law:
  • Juvenile Law

State v. Snow

A county courthouse security checkpoint search is an unreasonable administrative search if the authority for that search gives broad latitude to the searching officer in deciding who is to be searched and how intrusive the search is.

Area(s) of Law:
  • Criminal Procedure

Valencia v. GEP BTL, LLC

In determining eligibility for "supplemental disability," it is a prerequisite that the complainant to provide verifiable documentation of secondary employment, and there is no investigative obligation on the employer or employer's insurance carrier.

Area(s) of Law:
  • Workers Compensation

Hunter v. Saif Corporation

A Workers' Compensation Board decision is not supported by substantial evidence when a medical expert's opinions are disregarded without the board supplying any reason for doing so.

Area(s) of Law:
  • Workers Compensation

Dept. of Human Services v. N.S.

A court will not reverse a juvenile court's order of reunification to guardianship, despite a parent's participation in DHS services, when the parent places the child in harm's way.

Area(s) of Law:
  • Family Law

State v. Olsen

An expert witness' testimony, erroneously admitted, will not be deemed a harmless error when that testimony is used to bolster the complainant's credibility and the case hinges on that credibility determination.

Area(s) of Law:
  • Criminal Procedure

Dept. of Human Services v. G.D.W.

A child’s out-of-court statements in a dependency case are admissible as statements of a party opponent.

Area(s) of Law:
  • Evidence

State v. Martino

The argument that a defendant’s failure to object to an erroneous ruling was waived because it was a strategic choice to have the court believe that the defendant was remorseful is not plausible.

Area(s) of Law:
  • Criminal Procedure

Clement v. Mills

A post-conviction settlement agreement that affects petitioner’s sentences in two separate cases will be enforced when the defendant agrees to the settlement agreement on the record, even though the defendant claimed there was no “meeting of the minds” when he misunderstood the agreement at the hearing.

Area(s) of Law:
  • Post-Conviction Relief

State v. Wiseman

When determining whether an officer has an objective reasonable suspicion that a crime is in progress, the facts must be viewed in the totality of the circumstances and consideration must be given to the officer’s experience and training.

Area(s) of Law:
  • Criminal Procedure