Willamette Law Online

(10 summaries)

Kristen Bramble

Oregon Court of Appeals

TitleExcerptFilling Date
City of Eugene v. McCannWorkers Compensation: Under ORS 656.802(4), cardiovascular diseases are defined as a physical impairment of the heart or blood vessels that is gradual in nature; this definition precludes symptoms of an underlying disease that do not cause physical impairment of the heart.(03-07-2012)
Friends of the Columbia Gorge, Inc. v. Columbia River Gorge CommissionAdministrative Law: The Columbia River Gorge National Scenic Area Act required the Columbia River Gorge Commission to include provisions in its management plan that development should take place without adversely affecting natural resources.(02-23-2012)
Denucci v. HenningsenTort Law: The 180-day time limit for filing a claim under the Oregon Tort Claims Act begins when the plaintiff knows, or with reasonable care should know that an injury has occurred and that it is possible for a jury to agree with the plaintiff's argument under the circumstances of the case.(02-08-2012)
State v. DelaportillaCriminal Law: To prove second-degree assault under ORS 161.015(1), the state must present direct evidence, and not merely infer, that a dangerous weapon was used by the defendant to harm the victim.(12-21-2011)
State v. UnisCriminal Procedure: The 90-day timeline established by Oregon's criminal restitution statute may be extended for good cause.(11-02-2011)
Matar and HarakeFamily Law: A stipulated dissolution judgment preventing the parties from seeking modification of child support payments is enforceable, if the surrounding circumstances do not violate public policy.(10-26-2011)
Towe v. Sacagewea, Inc.Tort Law: Recovery under a negligence theory is not available for a trespasser where the trespasser knew he was trespassing; the owner of the land had not acted with reckless disregard for the safety of others and a willingness to inflict injury; and the trespasser was not following the rules of the road.(10-12-2011)
State v. BryantCriminal Law: When two assaults occur within a short period of time, and the assaults are so similar and interrelated that the facts of one crime will also relate details of the other crime, then the assaults are considered to arise out of the same criminal episode when calculating a criminal history score.(09-21-2011)
Marolla v. DPSTAdministrative Law: ORS 181.662(4) grants the Department of Public Safety Standards and Training the option to implement a standard rule revoking suspension of an officer's basic police certification when the officer has been discharged for cause.(08-31-2011)
Stave v. Diaz-GuillenSentencing: Where a trial court ran erroneous sentences concurrently with other lawful sentences, such errors are harmless and not grave; therefore there is no requirement to remand the case for resentencing.(08-17-2011)