Willamette Law Online

(23 summaries)

Erin Holderman

Oregon Supreme Court

TitleExcerptFilling Date
Trees v. OrdonezTort Law: A non-physician may be able to establish the standard of care needed in a medical malpractice case involving a physician to overcome a motion for directed verdict so long as that person is an expert in the area. (10-03-2013)
Cocchiara v. Lithia Motors, Inc.Contract Law: An employee may be able to prove that he reasonably relied on an offer of employment for a job that is terminable at-will under the theories of promissory estopple and fraudulent misrepresentation.(03-07-2013)
Weldon v. Board of Licensed Professional Counselors and TherapistsAdministrative Law: The text of ORS 676.210 grants courts statutory power to enter injunctions. It does not deprive the court's ability to enter stays of an agency's order suspending a health care professional's occupational license and therefore does not impede on the courts inherent judicial powers.(12-20-2012)

Oregon Court of Appeals

TitleExcerptFilling Date
State v. RoelleCriminal Procedure: Under ORS 132.560(3), when a jury can easily separate whether a defendant is guilty of two separate types of crimes, joinder is not necessary to prevent prejudice. (03-26-2014)
Ibarra v. BarnesFamily Law: In-chambers conversations held off the record may create an insufficient record for the Court of Appeals to review on appeal. (03-19-2014)
State v. StinstromCriminal Procedure: Administrative seizures are not subject to the inventory exception if the item is not already lawfully possessed by the officer. (02-20-2014)
State v. DanielsonCriminal Procedure: Implied consent does not apply to officers opening an almost completely closed bedroom door; therefore, police officers' observations made after doing so are considered an unlawful search. (01-23-2014)
Uhde and UhdeFamily Law: If a party is deemed to have not appeared in front of the court, they are not entitled to proper service or the opportunity to object under ORCP 68 C. (12-26-2013)
State v. LaskyEvidence: Evidence used to prove the required mental state of a particular crime is relevant unless the evidence is otherwise excluded by other State or Federal law.(11-14-2013)
State v. WoodallCriminal Procedure: Offering curative jury instructions in the event that inappropriate information reaches the jury may be enough to ensure a defendant receives a fair trial.(10-23-2013)
Cayton v. Safelite Glass Corp.Workers Compensation: Penalties are not considered “compensation” under the Worker’s Compensation Law and therefore cannot be used to award attorney fees under ORS 656.382(1). (09-11-2013)
Dept. of Human Services v. M. H.Juvenile Law: Under ORS 419.476(5)(d) and ORS 419B.498(2), compelling reasons must be stated to terminate parental rights before a permanency judgment can be entered. (08-14-2013)
Park v. Dept. of CorrectionsAttorney Fees: It is impermissible to award attorney fees simply because a witness is disbelieved or because their credibility is challenged. (07-17-2013)
State v. EdblomEvidence: When admitting certain hearsay statements under under OEC 803(18a)(b), notice must be served that identifies the substance of the statement sought to be introduced and also identify the witness or the means by which the statement will be introduced.(06-05-2013)
State v. MccallumSentencing: Post-prison supervision, when added to the prison term, may not exceed the statutory maximum indeterminate sentence for the crime of defendant's conviction. (05-15-2013)
Miller v. JonesProperty Law: An easement will be found when the agreement between the parties shows the intent to do so. An easement will be appurtenant so long as there is no contrary intent and the dominant estate is identified. (04-24-2013)
Re. v. PERSAdministrative Law: The Court of Appeals will not directly or indirectly overrule Supreme Court Case Law.(04-03-2013)
State v. CluverCriminal Procedure: Criminal defendants are entitled to have lesser-included offenses included in jury instructions despite the likelihood of being convicted of the greater offense.(02-13-2013)
State v. BircherCriminal Procedure: Delay in court scheduling that can be attributed to the state is reasonable under ORS 135.747 if it does not fall "outside the norm of acceptable court scheduling practices."(11-07-2012)
State v. EshaiaAttorney Fees: Evidence that a defendant is receiving income through disability payments is sufficient evidence for a trial court to impose attorney's fees under the "is" or "may be able" to pay standard.(10-24-2012)
State v. SmithCriminal Law: Once a defendant who has wrongfully appropriated items has been notified that a victim considers property to be stolen, the defendant can no longer claim he did not have knowledge that the items were stolen.(10-17-2012)
State v. UngerCriminal Procedure: Consent to search a residence is invalid if it is obtained after officers have illegally trespassed in the individual's backyard therefore making any evidence that results from the consent inadmissible.(09-26-2012)
Hatkoff v. Portland Adventist Medical CenterAlternative Dispute Resolution: A prescribed grievance and arbitration procedure will not be found unconscionable when the means used to gain plaintiff's agreement to the procedure were themselves not unconscionable.(09-12-2012)