Willamette Law Online

Oregon Supreme Court

2014

( 6 summaries )

January

Blachana, LLC v. Bureau of Labor and Industries

Labor Law: Under ORS 652.414(3) and ORS 652.301(1), the correct test to determine a “successor employee” for the purpose of Wage Security Fund reimbursement is whether it conducts essentially the same business as conducted by its predecessor, using a nonexclusive list of factors set out by the Bureau of Labor and Industries to determine whether a company conducts “essentially the same business.”

(Filing Date: 01-16-2014)

In re McCarthy

Professional Responsibility: A 90-day suspension from the practice of law is an appropriate sanction for an attorney who has been found to have knowingly violated RPC 1.1, RPC 1.4(a), RPC 1.4(b), RPC 1.15-1(c).

(Filing Date: 01-16-2014)

Moro v. State of Oregon

Constitutional Law: Based on the rule of necessity, a judge may participate in decision making pertaining to the Public Employee Retirement System (PERS) despite having a substantial economic interest therein.

(Filing Date: 01-16-2014)

McCann/Harmon v. Rosenblum

Ballot Titles: Under ORS 250.035, a ballot title must include a caption, results statements, and summery which adequately describe the effects of voting one way or another, and reasonably identify the subject matter. Where more specific language is available, it should be used to describe the ballot title in a simple and understandable way that adequately describes the effects a ballot title would have on current law.

(Filing Date: 01-30-2014)

Rice v. Rabb

Tort Law: Claims for conversion and replevin "accrue" under ORS 12.080(4) when plaintiff knows or reasonably should know the elements of such claims.

(Filing Date: 01-30-2014)

State v. Zolotoff

Criminal Procedure: ORS 136.460(2) prescribes the order of jury deliberations but does not preclude a trial court from informing jurors on the elements of relevant lesser-included offenses in advance of their deliberations on the greater charged offense, in addition, ORS 136.460(2) does not preclude the jury from contemplating the law as it applies to lesser-included offenses when deliberating about the charged offense.

(Filing Date: 01-30-2014)

( 5 summaries )

February

Chase and Chase

Family Law: After an initial judgment is entered requiring payment of child support in future recurring installments, interest on unpaid installments is postjudgment, not prejudgment interest, and is governed by paragraph (2)(b), not paragraph (2)(c), of ORS 82.010.

(Filing Date: 02-13-2014)

McCann/Harmon v. Rosenblum

Ballot Titles: Under ORS 250.035, a ballot title must include a caption, results statements, and summary which adequately describe the effects of voting one way or another, and reasonably identify the subject matter. Where more specific language is available, it should be used to describe the ballot title in a simple and understandable way that adequately describes the effects a ballot title would have on current law.

(Filing Date: 02-13-2014)

Milne v. Rosenblum

Ballot Titles: A measure's subject is reasonably identified if it states or describes the subject accurately and in terms that will not confuse or mislead potential petition signers and voters.

(Filing Date: 02-13-2014)

State v. Supanchick

Evidence: The principle of forfeiture by wrongdoing ensures that a defendant cannot manipulate the availability of witnesses. A defendant gives up his right to confront evidence from a witness when defendant has made that witness unavailable by wrongdoing.

(Filing Date: 02-13-2014)

State v. Moore

Appellate Procedure: When the Court of Appeals does not consider all alternative bases for affirmance, the Supreme Court can remand the case back to the Court of Appeals for reconsideration.

(Filing Date: 02-27-2014)

( 4 summaries )

March

Herald and Steadman

Family Law: A court may consider the existence or absence, but not the value, of anticipated Social Security benefits as factors relevant to a just and proper division of property pursuant to ORS 107.105(f).

(Filing Date: 03-20-2014)

Montez v. Czerniak

Post-Conviction Relief: In post-conviction proceedings, petitioner bears the burden of proving inadequate assistance of counsel. Counsel’s trial strategy must be unreasonable, without appropriate consideration for risks and benefits, for petitioner to prevail.

(Filing Date: 03-20-2014)

Peace River Seed Co-Op v. Proseeds Marketing

Contract Law: An aggrieved seller who has resold goods can recover the difference between contract price and market price under ORS 72.7080(1), even when market price damages would exceed resale damages under ORS 72.7060.

(Filing Date: 03-20-2014)

State v. Lopes

Remedies: Trial courts have the authority to order hospitals to involuntarily medicate defendants for the purpose of restoring trial competency so long as the order complies with due process.

(Filing Date: 03-20-2014)

( 1 summary )

April

Westfall v. State

Sovereign Immunity: Under ORS 30.265(6)(c), government employees responsible for applying policies enacted by high-level officials are protected by discretionary immunity when following the explicit orders of their superiors.

(Filing Date: 04-10-2014)