Willamette Law Online

(38 summaries)

Arash Afshar

Oregon Supreme Court

TitleExcerptFilling Date
SAIF v. DeLeonAttorney Fees: Under ORS 656.382(2), when a claimant obtains an award of attorney fees and the insurer initiates a review, it is the final decision and tribunal that determines whether the award should be disallowed or reduced.(06-28-2012)
White v. Public Employees Retirement BoardTrusts and Estates: When a trustee has a fiduciary duty, his or her actions will be reviewed based on the reasonableness of his or her decision-making, rather than purely weighing the costs versus the benefits.(12-30-2011)

Oregon Court of Appeals

TitleExcerptFilling Date
Frontgate Properties, LLC v. BennettContract Law: Under the doctrine of merger, any inconsistency between the terms of a contract of purchase for real estate and there terms of the deed are governed by the deed, but this does not apply when, through fraud or relievable mistake, the grantee has been induced to accept something different from what was agreed upon by the parties.(03-26-2014)
C.M.V. v. AckleyCivil Law: In order for a FAPA restraining order to be upheld, a party seeking to maintain the order must make a showing, with evidence, that conduct of the other presented imminent danger of further abuse and a credible threat to physical safety.(03-05-2014)
Singh v. SidhuCivil Procedure: For a party to successfully argue for the reversal of a court's judgment on the basis of a jury's lack of evidence for their conclusion, the party must show that the jury substantially affected their rights. (02-20-2014)
State v. S.N.R.Juvenile Law: For a party to be found grossly negligent for falling asleep while driving, there must have been such prior warning that there was a likelihood they would fall asleep that continuing driving would constitute a conscious and reckless disregard of the possible consequences.(01-29-2014)
State v. ParkerSentencing: To determine whether a sentence would shock the moral sense for purposes of Oregon's proportionality clause: "(1) a comparison of the severity of the penalty and the gravity of the crime; (2) a comparison of the penalties imposed for other, related crimes; and (3) the criminal history of the defendant."(11-27-2013)
Pierce and PierceFamily Law: Common-law rules regarding payments from debtor to creditor apply in the domestic relations context. A debtor, making a payment to a creditor with multiple claims, may designate application of his payment as long as the debtor manifests his intent as to where the particular payment is to be applied at or before the time of payment.(10-30-2013)
State v. TaylorCriminal Procedure: A defendant released pursuant to a security release may be convicted for second degree failure to appear without evidence of a sworn writing.(10-09-2013)
Rains v. Stayton Builders Mart, Inc. Civil Procedure: ORCP 71 B(2) does not override ORCP 71 B(1)(C)'s requirement that in order to set aside a party's judgment a motion shall be made within one year after receiving notice of the judgment.(09-25-2013)
SAIF Corp. v. SparksWorkers Compensation: Subsistence and travel pay that are combined with an employee's wages and are paid in addition to regular hourly wages in a singular paycheck will not be treated as reimbursements and will be due as a part of the worker's disability benefits.(08-21-2013)
State v. ThomasEvidence: Under OEC 609, record of a previous judgment is considered public record for purposes of impeachment against an adverse witness when it can be established that the judgment is part of an actual public record.(08-07-2013)
State v. WagonerSentencing: ORS 136.106 does not prevent a court from imposing restitution more than 90 days after sentencing. (07-24-2013)
Estacada Rural Fire Dist. #69 v. HullEmployment Law: When a physical disorder is caused by a stress-related mental disorder, the firefighters’ presumption does not apply. Stress-related physical disorders are not compensable under workers compensation claims unless heightened standards are met. (05-22-2013)
Herald and SteadmanFamily Law: Under ORS 107.105(1)(f), division of marital property at divorce must be just and proper manner in all the circumstances. (04-24-2013)
Krisor v. HenryStanding: A case becomes moot when substantive remedy sought would no longer have a practical effect on the injured's rights.(04-03-2013)
State v. GilbertCriminal Procedure: For a jury trial to be properly waived, the defendant must act knowingly and voluntarily and mere reference to such a waiver in the record is not sufficient.(02-13-2013)
State v. BeckCriminal Law: A conviction under “criminally negligent homicide” encompasses the former crime of “negligent homicide” and cannot be set aside regardless of satisfaction of the other requirements for setting aside previous convictions.(01-16-2013)
State v. ZiskaCriminal Law: Under ORS 166.220(1)(a), the "use" of a weapon can be described as either actual use or the immediate threat to use the weapon.(10-24-2012)
State v. SmithCriminal Procedure: A person is reasonable in believing that his liberty is being violated and that he is not free to leave when police officers take away his license, ask him to stand next to the police car, and block the exit from the area.(09-26-2012)
State v. PollockCriminal Procedure: When an out of court statement is permitted into trial and the opposing party has been provided with an opportunity for in-court cross-examination, their Sixth Amendment Right under the Confrontation Clause is not violated.(08-22-2012)
Evergreen Pacific, Inc. v. Cedar Brook Way, LLCProperty Law: A contractor forfeits his right to a construction lien when a contractor secures the debt through a mortgage or trust deed.(07-11-2012)
DK Entertainment v. Oregon Liquor Control CommissionAdministrative Law: Under OAR 845-006-0347(3)(a), the Oregon Liquor Control Commission's interpretation of the word "permit" is consistent with it's application in previous cases where the unlawful actions of an employee are imputed to a licensee.(05-09-2012)
State v. StarkCriminal Law: Under ORS 166.270(3)(a), the phrase "at the time of judgment" refers to the time when the original felony judgment was entered. A later reduction of the charge to a misdemeanor is irrelevant.(03-14-2012)
Washington County v. JansenWorkers Compensation: Claimant has the burden of proving that an occupation disease is still a part of a combined condition claim after a denial by the employer.(02-29-2012)
State v. Jimenez-CorreoCriminal Law: In the sale of marijuana, the culpable mental state requirement does not include the element of the recipient's age under former ORS 475.995 (2001).(02-15-2012)
Bell v. Tri-MetCivil Procedure: In an action for a personal injury brought against a public entity after a decedent's death, a two-year statute of limitations applies.(01-25-2012)
Campbell v. Clackamas CountyLand Use: For a property owner's rights to vest under a Measure 49 claim, the applicant must show that they paid substantial expenditures in pursuit of development, as calculated using the factors established in Clackamas Co. v. Holmes.(12-29-2011)
State v. PrangeEvidence: Evidence of bias may be held relevant where 1) it demonstrates a witnesses' motivation to lie, and 2) is not used to prove the witnesses’ propensity to act in conformity with prior bad acts. Additionally, a party may impeach a witness for bias through evidence of the witness’s relationship with another, where the bias resulting from the relationship is a matter of reasonable inference rather than speculation.(12-14-2011)
State v. HolcombCriminal Law: Based on inferences made by the court, a defendant can be found guilty for transporting an accomplice and parking outside the scene during a burglary, regardless of knowledge of accomplice's intents.(12-07-2011)
Svidenko v. DMVAdministrative Law: When a petitioner files a just cause exception to a timely administrative appeal, the reviewing agency must answer the substantive arguments put forth by the petitioner.(11-23-2011)
Beauchaton v. Employment Dept.Employment Law: When an employee leaves for their own safety due to a reasonable belief they are being stalked, then they are not disqualified for voluntarily quitting their job without “good cause.”(11-09-2011)
State v. MartinezCriminal Procedure: Delay in a motion requesting an amended judgment for restitution meets the “good cause” requirement if it is not due to neglect, inadvertence, or inattentiveness. Awaiting information from a victim's compensation program does constitute "good cause".(11-02-2011)
Ross Day v. Elections Division of the Secretary of StateAdministrative Law: Hearsay evidence may be admitted and considered in an administrative proceeding when it is reliable and substantial.(10-19-2011)
Sheptow v. Geico General Ins. Co.Insurance Law: Person Injury Protection coverage in an insurance policy applies to any person who uses the insured’s vehicle with consent.(10-12-2011)
State v. ZacconeConstitutional Law: A defendant is seized for the purposes of Article I, section 9 of the Oregon constitution when a reasonable person similarly situated would believe that their freedom of movement is significantly restricted by a police officer’s show of authority.(09-21-2011)
State v. B.A.H.Criminal Law: Evidence found during a warrantless search is permissible when the search is made pursuant to the administrative policy of a school and there is reasonable suspicion of criminal activity.(08-31-2011)
Willamette Oaks, LLC v. City of EugeneAdministrative Law: A petitioner must meet his burden to establish a prima facie case that the appeal violated a statute in order to make a fee challenge.(08-17-2011)