Willamette Law Online

Oregon Supreme Court

( 8 summaries )

Opinions Filed in December 2012

Bresee Homes, Inc. v. Farmers Ins. Exchange

Insurance Law: An insurer may owe a duty to defend its insured and summary judgment is inappropriate when the date of breach is insufficient to determine whether the completed operations hazard exception applies.

(Filing Date: 12-31-2012)

In re Clark

Professional Responsibility: Under BR 10.7, a prevailing party is entitled to costs and disbursements. Additionally, the purpose of BR 10.7 is to attempt to settle disputes before a hearing, and allowing a waiver of the timeliness requirement would undermine this purpose.

(Filing Date: 12-28-2012)

Synectic Ventures I, LLC v. EVI Corp.

Corporations: A managing member of a Limited Liability Company (LLC) may not enter into agreements in which there exists a personal conflict of interest unless the operating agreement explicitly allows him or her to enter into such agreements. If the managing member does enter into an agreement with a conflict of interest, there is a breach of the duty of loyalty and the LLC is not bound by the agreement as the managing member no longer had the authority to enter into it.

(Filing Date: 12-20-2012)

Weldon v. Board of Licensed Professional Counselors and Therapists

Administrative Law: The text of ORS 676.210 grants courts statutory power to enter injunctions. It does not deprive the court's ability to enter stays of an agency's order suspending a health care professional's occupational license and therefore does not impede on the courts inherent judicial powers.

(Filing Date: 12-20-2012)

Dept. of Human Services v. G. D. W.

Evidence: Under EOC 801(4)(b)(A), an individual's out-of-court statement cannot be used as a statement of a party opponent unless there is evidence that the individual declared an adverse position to a party in the hearing.

(Filing Date: 12-13-2012)

State ex rel Portland Habilitation Center, Inc. v. Portland State University

Remedies: Under ORS 34.110 a relator is not entitled to mandamus relief if a plain, speedy, and adequate remedy at law is available.

(Filing Date: 12-13-2012)

State v. Marsh & McLennon Companies

Civil Law: ORS 59.137, allowing a party to recover damages from fraud or misrepresentation in a sale or purchase of securities, requires a party to show some sort of reliance, but the party may rely on the "fraud-on-the-market" doctrine to do so.

(Filing Date: 12-13-2012)

Downer v. Dept. of Revenue

Tax Law: Tax assessments will be upheld where a tobacco distributor purchases tobacco for redistribution from a business on a tribal reservation in Washington.

(Filing Date: 12-06-2012)