Willamette Law Online

(27 summaries)

Josh England

Oregon Supreme Court

TitleExcerptFilling Date
Con-Way Inc. & Affiliates v. Dept. of Rev.Tax Law: Under ORS 317.090(2) a taxpayer may satisfy its tax liability by claiming its "Business Energy Tax Credit."(05-31-2013)
Matar and Harake: Under ORS 107.104 and ORS 107.135(15), a non-modification agreement in regards to child support, made in a stipulated divorce judgement, does not violate the law or contravene public policy. (04-18-2013)
Burke v. DLCDLand Use: Under ORS 195.328(18), the word “owner” as it is used in section 6 of Measure 49, includes all individuals who are either an owner in fee title, purchaser under land sale contract, or a trustee in the property.(09-27-2012)
State v. MossAppellate Procedure: For purposes of ORAP 8.05(3), the word "surrender" means a voluntary act, not an act in response to force or compulsion.(06-07-2012)

Oregon Court of Appeals

TitleExcerptFilling Date
Campbell v. TardioFamily Law: A dismissal of an award of custody does not change the date of "commencement of the proceeding" for purposes of determining the "home state" of the child under ORS 109.741(1). (02-12-2014)
Rhoades v. BeckContract Law: Subsequent discovery of a lien will not negate a settled upon contract for full and final release of Defendant when there is evidence objectively establishing the existence of an agreement.(01-23-2014)
McNeff v. EmmertEvidence: As stated in Strawn v. Farmers Ins. Co., a plaintiff needs to show "the defendant made a material misrepresentation that was false; the defendant did so knowing that the representation was false; the defendant intended the plaintiff to rely on the misrepresentation; the plaintiff justifiably relied on the misrepresentation; and the plaintiff was damaged as a result of that reliance,"; not that there was a "meeting of the minds." (12-26-2013)
State v. MeierCriminal Procedure: A search incident to arrest is valid, when the intervening discovery of an outstanding warrant is sufficient to purge an unlawful seizure, under Article I, §9 of the Oregon constitution.(11-20-2013)
Stuart and ElyFamily Law: A spouse may not seek transitional spousal support under ORS 107.105(1)(d)(A) when the spouse will not use the support for educational or job training purposes.(10-30-2013)
State v. C.C.Civil Commitment: Insistence on fulfilling a delusional plan and refusing to take life saving medication is sufficient under ORS 426.005(1)(e)(A) for a court to order involuntary commitment for up to 180 days. (10-09-2013)
Andersen and Andersen Family Law: A spouse seeking support bears the burden of showing that the earning capacity of the other spouse exceeds their actual income and can only be sustained by non-speculative evidence based on present earning capacity. (09-25-2013)
State v. J.N.SJuvenile Law: Intent to commit a crime therein does not suffice for a burglary charge under ORS 164.215, if the intent is formed while merely remaining on the premises, when the accused had knowledge that they were not originally authorized to enter onto the premises.(08-28-2013)
State v. CossetteAppellate Procedure: Under State v. Baty, an argument is not preserved for appellate review if the argument substantially differs from the argument advanced at the trial court. (05-15-2013)
Dept. of Human Services v. F.L.BJuvenile Law: Termination of mother's parental rights is appropriate under ORS 419B.504 when the state proves by clear and convincing evidence that the mother is unfit to provide her children with a safe home and not likely to be able to provide her children with a safe home within a reasonable time because of her own mental illness and incarceration.(03-20-2013)
Hostetter v. Board of Parole and Post-Prison SupervisionParole and Post-Prison Supervision: Under OAR 253-11-004(3), the maximum term of incarceration that may be imposed for any single violation is 90 days for a technical violation, and 180 days for conduct constituting a crime.(02-21-2013)
State v. NelsonAppellate Procedure: A motion for relief from default order from the Circuit Court does not qualify as an appealable order under ORS 138.053.(01-30-2013)
State v. RoperCriminal Procedure: Under State v. Dixson, land outside the curtilage requires signs or barriers to express an intent to keep unwanted visitors out.(12-19-2012)
Ayer v. CourseyEvidence: Under OEC 412(2)(b)(B), evidence of a victim's past sexual behavior is admissible if it is submitted to "rebut or explain scientific or medical evidence offered by the state."(12-05-2012)
Jensen v. DuBoffCivil Procedure: A trial court abuses its discretion when it dismisses a complaint with prejudice when it has not adequately considered the 4 factors in Ramsey v. Thompson.(11-15-2012)
B.A. v. WebbEvidence: Under OEC 403, a witness may not comment on the credibility of another witness and a diagnosis of sexual abuse without any physical evidence is not admissible.(10-24-2012)
State v. LorenzoCriminal Procedure: Consent to search without a warrant is invalid if it is the result of previous unlawful police conduct.(09-12-2012)
State v. FivecoatsEvidence: A demonstration of a physical condition or attribute in court is not regarded as testimony and does not waive the right against self-incrimination.(08-22-2012)
State v. PetersenCriminal Procedure: UTCR 4.010 requires that all pretrial motions that are subject to an omnibus hearing be filed at least 21 days before trial.(07-05-2012)
State v. DanfordCriminal Procedure: Under ORS 135.747, a delay in prosecution, not brought on or consented to by the defendant, shall be dismissed if it is an unreasonable length of time. A 41-month delay substantially exceeds a reasonable period of time.(06-27-2012)
Mannex Corp. v. BrunsEmployment Law: To claim the tort of intentional interference of economic relations the plaintiff must show that the defendant is a third party to the contract. Communications made by an employee to protect the interests of their employer are qualifiedly privileged.(05-16-2012)
Johnson Mobile Estates v. OliverLandlord Tenant: ORS 105.149(2) allows the trial court to consider any issue outside the defendant's hearing request where the Residential Landlord Tenant Act applies.(04-18-2012)
Anderson v. Dry Cleaning To-Your-DoorCivil Procedure: ORCP 68 C(2) requires a party to seek award for attorney fees by pleading or motion and provide a basis for an entitlement to attorney fees.(03-28-2012)