Willamette Law Online

Oregon Supreme Court

( 5 summaries )

Opinions Filed in July 2012

Mead v. Legacy Health System

Tort Law: When a physician has not personally seen a patient, whether an implied physician-patient relationship is created depends on whether the physician knows or reasonably should know that he or she is diagnosing a patient’s condition or is treating the patient.

(Filing Date: 07-26-2012)

In re Obert

Professional Responsibility: A suspension of 6 months from the practice of law is reasonable for the violation of 7 Rules of Professional Conduct stemming from the misappropriation of client funds and failure to provide competent representation.

(Filing Date: 07-19-2012)

State v. Leistiko

Evidence: Prior acts are admissible if they are "sufficiently relevant" to show the defendant acted with intent in the charged offense. However, the admissibility of the prior act is dependent on the circumstances. A single act will likely not qualify, but a complex act may qualify.

(Filing Date: 07-19-2012)

State v. Powell

Evidence: Under ORS 136.425(1), incriminatory statements that are made under promises of leniency are inadmissible as evidence.

(Filing Date: 07-19-2012)

Willemsen v. Invacare Corporation

Civil Procedure: In light of the U.S. Supreme Court Opinion, J. McIntyre Machinery, Ltd. v. Nicastro, personal jurisdiction is established when a company has a "regular course of sales," or a "regular...flow" of sales within the forum state.

(Filing Date: 07-19-2012)