Willamette Law Online

Oregon Supreme Court

( 3 summaries )

Opinions Filed in January 2013

Assn of Oregon Corrections Employees v. State

Labor Law: When an employer asserts an affirmative defense to a charge that it changed the status quo unilaterally, the Employment Labor Relations Board (ERB) may consider the contract terms to evaluate whether the union waived the right to bargain about such changes. This means the ERB is not required to first consider the terms of the contract under the status quo rubric before determining if a waiver exists.

(Filing Date: 01-17-2013)

Morgan v. Sisters School District #6

Civil Procedure: To properly have standing, three considerations must be met: (1) there must be "some injury or other impact upon a legally recognized interest beyond an abstract interest in the correct application or the validity of a law;" (2) the injury must be real or probable, not hypothetical or speculative; and (3) the court's decision must have a practical effect on the rights that the plaintiff is seeking to vindicate.

(Filing Date: 01-17-2013)

State v. Hemenway

Evidence: The Supreme Court disavowed the minimum factual nexus test in "State v. Hall" because of the test's uneven interpretation throughout the state and established a new test. Once the defendant established there was an illegal stop and challenged his consent to search, the state shall demonstrate: 1) the consent was voluntary and; 2) that the consent was not due to the illegal stop.

(Filing Date: 01-10-2013)