Derek Nelson

Oregon Supreme Court (1 summary)

Pereida Alba v Coursey

Defense counsel’s choice to pursue an “all or nothing” strategy may avoid the risk of being convicted of a lesser offense when defendant would otherwise go free.

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

Oregon Court of Appeals (12 summaries)

Smith v. Providence Health and Services - Oregon

In order to survive a motion of dismissal for failure to state a claim, some semblance of a claim must be presented. A loss of chance claim fails on that notion because it cannot establish that defendant's conduct was the likely cause of plaintiff's injuries, and because Oregon does not recognize loss of chance as a cognizable theory of relief at common law.

Area(s) of Law:
  • Civil Law

Magno-Humphries, Inc. v. Apex Label & Systems, Inc.

No matter claimed as error will be considered on appeal unless the claim of error is assigned as error in the opening brief in accordance with ORAP 5.45(1). To assign error, the appellant must "identify precisely the ruling that is being challenged." The challenged ruling should be quoted or contained in the excerpt of record.

Area(s) of Law:
  • Appellate Procedure

Toohey v. Aviation Adventures, LLC

The purpose of ORS 656.027 is to identify "subject workers" whose work-related injuries are covered by Oregon's Workers' Compensation Law, not to identify coworkers who can be sued despite the exclusive-remedy provisions in ORS 656.018. "Subject worker" is direct at types of workers who are eligible for benefits under a parallel federal statutory compensation scheme for work-related injuries.

Area(s) of Law:
  • Workers Compensation

State v. Patterson

When a court revokes probation on a felony conviction the court is not imposing sentencing on the original conviction, but rather is it sanctioning the defendant for having violated the condition of his or her probation.

Area(s) of Law:
  • Sentencing

Leonard v. Moran Foods

On review of a grant of summary judgment, the court's review is limited to the record that exists at the time of the court's ruling on the motions for summary judgment.

Area(s) of Law:
  • Civil Procedure

Neidhart v. Page

Notwithstanding any acceptance of partial payment, even if the right to terminate tenancy is waived based on nonpayment of rent a subsequent default gives new ground to terminate the tenancy.

Area(s) of Law:
  • Landlord Tenant

Sawyer v. Real Estate Agency

A license may be revoked and discipline assigned under ORS 696.775 and 696.301 even if the license has expired, so long as revocation of the license that existed at the time the Notice was issued as an appropriate sanction and is within the Real Estate Agency's discretion.

Area(s) of Law:
  • Administrative Law

Wyers v. American Medical Response Northwest, Inc.

ORS 124.100(5) requires that the defendant know of the existence of the requisite circumstance at the time of the alleged "permitting." An action is deemed permitted when the person knowingly acts or fails to act under circumstances in which a reasonable person should have known of the physical abuse.

Area(s) of Law:
  • Tort Law

State v. Sparks

Under ORS 163.545, certain offenses concerning the welfare of children apply only to parents or persons in loco parentis to children. The child-neglect statute similarly applies to such individuals; it also applies, to "temporary custodians," those who are not "lawfully charged with" the care, custody, or support of a child but who nevertheless have "control" of the child.

Area(s) of Law:
  • Criminal Law

Riverview Condominium Assn. v. Cypress Ventures

When an injury to the "interest of another in real property" is raised under ORS 12.080 the statute of limitations will be six-years.

Area(s) of Law:
  • Property Law

Riverview Condominium Assn. v. Cypress Ventures

ORCP 22 does not run afoul of constitutional ripeness issues by authorizing an accelerated timeline for deciding minimally contingent third-party claims.

Area(s) of Law:
  • Civil Procedure

Spurger v. SAIF

Under OAR 436-035-0019 a worker is entitled to chronic condition impairment value if the worker is "significantly limited" in the repetitive use of certain body parts.

Area(s) of Law:
  • Workers Compensation