Awbrey Towers v. Western Radio Services
Under ORS 20.096(1), attorney fees are available to the prevailing party when the action is brought to enforce any provisions of the underlying agreement.
Area(s) of Law:- Attorney Fees
Hunt v. City of Eugene
ORCP 54(B) provides that nothing shall prevent the court from dismissing an action for want of prosecution notwithstanding the requirement that the clerk shall notify the parties that the case has been inactive for more than a year. Under ORS 20.105, the city is not entitled to attorney fees if the arguments brought against it were plausible.
Area(s) of Law:- Civil Procedure
Page v. Parsons
A trial court is not required to provide multiple hearings on a special motion to strike under ORS 31.150, as this would be contrary to legislative intent to curtail the litigation process. A trial court may also grant a special motion to strike after a non-specific discovery request from the plaintiff.
Area(s) of Law:- Civil Procedure
State v. Kurokawa-Lasciak
Authority to consent to a search is proper only if the consenter has proper authority to control and access the property to be searched.
Area(s) of Law:- Criminal Procedure
State v. Lewis
A defendant's due process and speedy trial rights are not violated when the defendant is convicted in Oregon but not sentenced until he returns from serving almost a 20-year sentence in Washington for separate crimes.
Area(s) of Law:- Sentencing
State v. Onishchenko
In order to establish the amount of a compensatory fine, the market value of a chattel may be ascertained through the testimony of the owner, unless it is shown that the owner does not have knowledge of the market value of the item.
Area(s) of Law:- Evidence
Wagner v. Jeld Wen
When establishing a compensable injury under ORS 656.005(7)(a), the claimant must show that his actual injury originated from a work related incident and this incident caused him to seek medical attention.
Area(s) of Law:- Workers Compensation
Johnson Mobile Estates v. Oliver
ORS 105.149(2) allows the trial court to consider any issue outside the defendant's hearing request where the Residential Landlord Tenant Act applies.
Area(s) of Law:- Landlord Tenant
Peterson v. McCavic
To prevail on a fraud claim a plaintiff must show a representation; its falsity; its materiality; the speaker's knowledge of its falsity or ignorance of its truth; his intent that it will be acted on by the listener; the listener's ignorance of its falsity; his reliance on its truth; his right to rely thereon; and his consequent and proximate injury. Plaintiff may prevail if he can show a reasonable inference of reliance based upon the evidence.
Area(s) of Law:- Contract Law
Saif v. Miguez
Under OAR 436-035-0007(12), an appellate review unit must explain what observations led to its findings of invalidity, how these observations contradict the validity of the findings, and why the observations are medically significant before it may invalidate a medical examiner's findings.
Area(s) of Law:- Workers Compensation
State v. Bennett
In imposing an upward departure sentence, a court may consider the defendant’s conduct after the crime for which the defendant is being sentenced.
Area(s) of Law:- Criminal Procedure
State v. Dries
Under ORCP 59 H, a party must “state with particularity” the trial court’s alleged error in order to preserve an appellate challenge to the error.
Area(s) of Law:- Civil Procedure
State v. Kephart
Where the trial court does not address an issue or state what version of a statute it applied, and either issue is raised on appeal, the case will be vacated and remanded to the trial court.
Area(s) of Law:- Appellate Procedure
State v. Lamb
During the course of a lawful stop, an officer may inquire as to whether the defendant has weapons on his person without it being an unlawful seizure.
Area(s) of Law:- Criminal Procedure
State v. Lowell
An investigating detective’s testimony that he believed defendant was lying was an improper comment on defendant's credibility. The trial court's failure to exclude this testimony was plain error and therefore reviewable.
Area(s) of Law:- Appellate Procedure
Rudell v. City of Bandon
A city may rely on Webster's Dictionary to define the scope of "foredune", and such interpretation is not inconsistent with the Bandon Municipal Code. Also, under ORS 197.307(6) (2009) and ORS 227.173(1), the definition, as interpreted by the city, must be sufficiently clear and objective.
Area(s) of Law:- Land Use
State v. Babson
Article IV, section 9 of the Oregon Constitution does not protect co-chairs sitting in a legislative committee from being brought before a court for questioning, so long as it limited to their capacity in enforcement (as opposed to enactment) of legislation.
Area(s) of Law:- Constitutional Law
State v. Macon
Under ORS 164.215(1), a storage room, separated from a store by a closed door, is a separate unit from the store that patrons do not have license to enter.
Area(s) of Law:- Criminal Law
State v. N. R. L.
Despite recent amendments to ORS 419C.450, restitution continues to function as an element of the penal system. Therefore, it does not require a jury trial that would be afforded by Article I, section 17 of the Oregon Constitution.
Area(s) of Law:- Juvenile Law
State v. Urbina
Downloading child pornography from an online peer-to-peer network constitutes "knowing duplication" of those materials and, in cases of encouraging child sex abuse, whether the "victim" is the State or the child in the image/video is a matter "reasonably in dispute."
Area(s) of Law:- Criminal Law
Bock and Bock
A 4% increase in income does not constitute an unanticipated or substantial change in economic circumstances that would justify a modification of a child support order.
Area(s) of Law:- Family Law
Gest v. Oregon AFL-CIO
An informal employee grievance meeting is a "concerted activity" that is regulated by the NLRA. Under Garmon , the state must allow the National Labor Relations Board to determine labor disputes that the NLRA was designed to protect or prohibit.
Area(s) of Law:- Labor Law
Protect Grand Island Farms v. Yamhill County
Under Statewide Planning Goal 5, OAR 660-023-0180(3)(d)(B)(ii), the phrase “average thickness of the aggregate layer within the mining area” is intended to refer to the average depth of all the mineable aggregate within the resource site, regardless of whether that aggregate is physically discontinuous.
Area(s) of Law:- Land Use
State v. Bobbitt
Under former ORS 192.555(2)(a), an individual's financial records may not be disclosed unless the financial institution has an independent suspicion that the individual has violated the law; a relayed suspicion by law enforcement is not sufficient.
Area(s) of Law:- Evidence
State v. Debuiser
A court does not commit plain error when a plausible inference can be drawn that an objection was not made for tactical reasons.
Area(s) of Law:- Appellate Procedure
State v. Elliott
When a defendant is charged with identity theft, evidence that a defendant stole credit cards is legally sufficient to permit a jury to infer the defendant's intent to deceive or defraud beyond a reasonable doubt, even when the defendant took no action in furtherance of that identity theft.
Area(s) of Law:- Criminal Law
State v. Hicks
A court need not apply the “shift to I” rule to consecutive sentences that are “statutorily mandated” because they are outside the scope of OAR 213-012-0020.
Area(s) of Law:- Criminal Procedure
Wallace v. State
While otherwise justiciable, a case before an Appellate Court is moot if the relief to be granted by a finding of error has already been obtained.
Area(s) of Law:- Administrative Law