Alisa Ray

Oregon Supreme Court (1 summary)

Robinson v. Public Employees Retirement Board

Concerning the PERS statutory contract - when a court invalidates a statutory mechanism, the Legislative Assembly remains free to provide a remedy for those who have lost payments they would have received pursuant to the mechanism.

Area(s) of Law:
  • Employment Law

Oregon Court of Appeals (10 summaries)

Oregon AFSCME Council 75, Local #2503 v. Hood River County

"Amount of money indicated" as used in ORS 292.055 encompasses pay to be made in accordance with a simple formula; a public employer's failure to deduct the dues on a percentage base as requested constitutes an unfair labor practice.

Area(s) of Law:
  • Labor Law

State v. Codon

It is plain error for a trial court to admit a medical expert's diagnosis of sexual abuse in the absence of physical findings to support the diagnosis; inferences, for purposes of the plain error analysis, must be plausible.

Area(s) of Law:
  • Evidence

State v. McFarland

In determining whether an arrest warrant's return of service form provided notice, a form has no evidentiary value when it lacks information to identify the officer who executed the arrest warrant.

Area(s) of Law:
  • Criminal Procedure

State v. Hampton

When an officer obtains consent to search a vehicle during an lull in the traffic stop, the fact that the search occurs after the traffic stop is complete does constitute an extension of the initial stop.

Area(s) of Law:
  • Evidence

State v. Volynets-Vasylchenko

Medical treatment recommendations that convey the medical expert's implicit conclusions that a child victim's reports of sexual abuse are credible are inadmissible unless corroborated by physical evidence.

Area(s) of Law:
  • Evidence

State v. Pickett

Where there is plain error in admitting an expert’s diagnosis of sexual abuse in the absence of physical signs of abuse, the court may decline to exercise its discretion to correct the error when the admission did not likely affect the lower court’s verdict.

Area(s) of Law:
  • Evidence

State of Oregon v. M.J.

Homelessness and delusionally-driven dietary habits that occur when the person is willing to eat and able to obtain food, are not sufficient grounds for a basic needs commitment.

Area(s) of Law:
  • Civil Commitment

Williams v. Salem Women’s Clinic

If a party pursues a claim that is entirely devoid of legal or factual support, ORS 20.105(1) requires an attorney fee award; the factors specified in ORS 20.075 do not apply when a party seeks a mandatory attorney fee award.

Area(s) of Law:
  • Attorney Fees

State v. Rowland

Under OEC (609)(3)(a), if more than 15 years pass since the prior conviction date, but jail time was served as a sanction for a parole violation within the 15-year period, the sanction is ‘confinement’ for purposes of calculating the 15-year period.

Area(s) of Law:
  • Evidence

Greenway v. Parlanti

ORS 90.396(1) requires an eviction notice to specify the date and time of the termination of tenancy; a notice that merely indicates that the termination date and time will occur 24 hours after service is insufficient.

Area(s) of Law:
  • Property Law