Bresee Homes, Inc. v. Farmers Ins. Exchange
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.
Area(s) of Law:- Insurance Law
In re Clark
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.
Area(s) of Law:- Professional Responsibility
Synectic Ventures I, LLC v. EVI Corp.
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.
Area(s) of Law:- Corporations
Weldon v. Board of Licensed Professional Counselors and Therapists
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.
Area(s) of Law:- Administrative Law
Dept. of Human Services v. G. D. W.
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.
Area(s) of Law:- Evidence
State ex rel Portland Habilitation Center, Inc. v. Portland State University
Under ORS 34.110 a relator is not entitled to mandamus relief if a plain, speedy, and adequate remedy at law is available.
Area(s) of Law:- Remedies
State v. Marsh & McLennon Companies
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.
Area(s) of Law:- Civil Law
Downer v. Dept. of Revenue
Tax assessments will be upheld where a tobacco distributor purchases tobacco for redistribution from a business on a tribal reservation in Washington.
Area(s) of Law:- Tax Law