Willamette Law Online

(13 summaries)

Nate Jones

Oregon Supreme Court

TitleExcerptFilling Date
State v. HemenwayCivil Procedure: When considering equitable factors to determine whether a vacatur is an appropriate remedy, the factor that a party caused the mootness by their own involuntary action, such as death during an appeal, should weigh in favor of vacatur.(02-04-2013)

Oregon Court of Appeals

TitleExcerptFilling Date
Pearson v. Phillip Morris, Inc.Civil Procedure: When individuals and other putative class members suffer ascertainable losses and those losses can be litigated based on evidence common throughout the class, class certification may be appropriate. (06-19-2013)
State v. JonesEvidence: Harmless error results when evidence of prior bad acts is admitted but specifically not used in forming the basis of the verdict.(03-27-2013)
State v. PainterEvidence: Admission of evidence that is qualitatively different than the evidence the jury was required to hear on a direct issue of the case causes harmful error.(03-06-2013)
State v. RobertsPost-Conviction Relief: A plea of no contest to a municipal violation constitutes a conviction for purposes of expunction under ORS 137.225(5)(e)(02-06-2013)
State v. JohnsonAppellate Procedure: Under ORS 138.690, a criminal defendant lacks the right to appeal a trial court's order dismissing his motion requesting DNA evidence.(01-09-2013)
Oregon Education Association v. ParksCivil Procedure: Under ORS 31.150(3), the reasonable juror standard is sufficient to satisfy a court's conclusion that there was enough evidence to support a prima facie case.(11-21-2012)
State v. RichardsonEvidence: The state-of-mind exception to the hearsay rule, OEC 803(3), does not allow for the admission into evidence of statements displaying a persons recollection of past intent and their subsequent current conclusions based on that intent.(10-24-2012)
State v. OrdnerCriminal Procedure: A motion to suppress evidence is properly denied when the record sufficiently establishes that a police officer had probable cause for a traffic stop.(09-26-2012)
State v. ChoatAppellate Procedure: For a defendant to challenge the imposition of a compensatory fine on appeal, it must have been procedurally raised at the trial level for the court to evaluate the claim.(08-15-2012)
Blachana, LLC v. Bureau of Labor and IndustriesAdministrative Law: The administrative interpretation of "successor to the business of any employer" under the definition "employer" within ORS 652.310(1) should be interpreted as a party that has assumed or conferred upon it the legal rights and obligations of the predecessor.(05-16-2012)
Wagner v. Jeld WenWorkers Compensation: When establishing a compensable injury under ORS 656.005(7)(a), the claimant must show that his actual injury originated from a work related incident and this incident caused him to seek medical attention.(04-25-2012)
Rudell v. City of BandonLand Use: A city may rely on Webster's Dictionary to define the scope of "foredune", and such interpretation is not inconsistent with the Bandon Municipal Code. Also, under ORS 197.307(6) (2009) and ORS 227.173(1), the definition, as interpreted by the city, must be sufficiently clear and objective.(04-11-2012)