Central Oregon Landwatch v. Deschutes County
An Oregon county ordinance that authorizes including multi-tract sites of 160 acres or more on the county’s Destination Resort Eligible Lands Map does not conflict with ORS 197.455.
Area(s) of Law:- Land Use
Drury v. Assisted Living Concepts, Inc.
Children will not be contractually bound by arbitration provisions in contracts to which their parents are third-party beneficiaries if the parent in question did not assent to the provision because of lack of capacity, and the parent’s actions do not bind him or her to the agreement.
Area(s) of Law:- Contract Law
Ferguson v. PeaceHealth
A sanction for contempt may not be appealed from until a final judgment has been entered.
Area(s) of Law:- Appellate Procedure
Marolla v. DPST
ORS 181.662(4) grants the Department of Public Safety Standards and Training the option to implement a standard rule revoking suspension of an officer's basic police certification when the officer has been discharged for cause.
Area(s) of Law:- Administrative Law
Porter v. Griffin
In a suit for marital dissolution, the court may enforce the terms set forth in a stipulated judgment signed by the parties as a contract.
Area(s) of Law:- Family Law
Portland Fire Fighters’ Assoc. v. City of Portland
The Employment Relations Board must examine the Collective Bargaining Agreement before determining that the city is in violation of ORS 243.698 for declining to bargain over the impact employment changes might have.
Area(s) of Law:- Employment Law
State v. B.A.H.
Evidence found during a warrantless search is permissible when the search is made pursuant to the administrative policy of a school and there is reasonable suspicion of criminal activity.
Area(s) of Law:- Criminal Law
State v. Fernandez
The natural and probable consequence jury instruction may prejudice the jury, if the jury could infer without determining intent that one action was the natural and probable consequence of another action.
Area(s) of Law:- Criminal Law
State v. Grierson
A letter from the district attorney’s office advising defendant of an arraignment date does not satisfy the commencement of prosecution for statute of limitation purposes under ORS 131.135.
Area(s) of Law:- Criminal Law
State v. Jones
An officer requesting identification is not enough to amount to a stop because a reasonable person would not perceive it as a show of authority; so long as a reasonable suspicion of criminal activity begins before a stop does, it is legal.
Area(s) of Law:- Criminal Procedure
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
State v. Sullivan
Administrative agencies lack jurisdiction to make judgments on matters that are pending on appeal in court.
Area(s) of Law:- Civil Procedure
Stewart v. Kids Incorporated of Dallas, OR
To survive a motion to dismiss, a negligence claim must allege facts from which a factfinder could determine: 1) defendant caused a foreseeable risk of harm, 2) of the type the law protects, 3) defendant’s conduct was unreasonable in light of the risk and the cause of plaintiff’s harm, and 5) plaintiff was of the class of persons sought to be protected.
Area(s) of Law:- Civil Procedure
State v. McAtee
Under Galloway v. U.S., if the ultimate fact may be logically proven following a fact or narrative, the jury may be given the opportunity to draw that conclusion.
Area(s) of Law:- Criminal Law
Certain Underwriters v. Mass. Bonding and Ins. Co.
Under ORS 742.061 an insurer may receive contribution for contribution attorney fees if the insured prevails at trial and obtains a recovery that exceeds the insurer’s highest tender.
Area(s) of Law:- Attorney Fees
Dept. of Human Services v. A.M.C.
To terminate parental rights, DHS must present clear and convincing evidence that a parent’s conduct or condition is seriously detrimental to the child; and a judgment terminating parental rights cannot be supported by evidence regarding the condition without evidence regarding detriment.
Area(s) of Law:- Family Law
Gemstone Builders, Inc. v. Stutz
Even though the text of a contract was ambiguous as whether binding arbitration was required. The intent of parties could still be ascertained based on the policy goal of arbitration.
Area(s) of Law:- Contract Law
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
Roseburg Forest Products v. Lund
Under Columbia Forest Products v. Woolner, there is no specific procedure for an employer to accept a combined condition.
Area(s) of Law:- Workers Compensation
State v. Durham
Possession of less than one ounce of marijuana within 1000 feet of a school constitutes two separate offenses and thus is not eligible for a marijuana diversion program.
Area(s) of Law:- Criminal Law
State v. Phillips
When evaluating the relevance of evidence to show bias of a witness, reasonable inferences are permissible but speculation is not.
Area(s) of Law:- Evidence
State v. Pipkin
A concurrence jury instruction is required when determining which crime a defendant is guilty of, but it is not required when determining which particular acts a defendant perpetrated to constitute an element of a single crime.
Area(s) of Law:- Criminal Law
State v. Simpson
An unnamed informant’s report may be sufficient to justify an officer’s reasonable suspicion to stop a vehicle if the informant’s report is sufficiently detailed, and the officer can corroborate at least some of the information contained in the report.
Area(s) of Law:- Criminal Procedure
State v. Wiggins
The ‘automobile exception’ to the warrant requirement of Article I, section 9, of the Oregon Constitution applies as long as the vehicle in question is functionally mobile, even if law enforcement officers have broken contact with the vehicle.
Area(s) of Law:- Criminal Procedure
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
Stave v. Diaz-Guillen
Where a trial court ran erroneous sentences concurrently with other lawful sentences, such errors are harmless and not grave; therefore there is no requirement to remand the case for resentencing.
Area(s) of Law:- Sentencing
Warkentin v. Employment Dept.
In order for an employee to quit with good cause and collect unemployment insurance benefits, an employee must have left employment under circumstances that a reasonable person would believe they had no reasonable alternative to leaving their job and such findings be the EAB must be supported by substantial evidence.
Area(s) of Law:- Employment Law
Willamette Oaks, LLC v. City of Eugene
A petitioner must meet his burden to establish a prima facie case that the appeal violated a statute in order to make a fee challenge.
Area(s) of Law:- Administrative Law
State v. Potter
When questioning a defendant about a case other than that which the defendant has invoked the right to counsel for, the prosecutor must contact the defendant’s attorney before attempting to interview the defendant on a factually related matter.
Area(s) of Law:- Criminal Procedure
State v. Wedel
The admission of evidence of a diagnosis of child sexual abuse in the absence of physical evidence is plain error.
Area(s) of Law:- Civil Procedure
Wallace v. State ex rel PERB
Plaintiffs must first exhaust their administrative remedies before seeking judicial relief.
Area(s) of Law:- Administrative Law