Willamette Law Online

(7 summaries)

Kyle Nakashima

Oregon Supreme Court

TitleExcerptFilling Date
Willemsen v. Invacare CorporationCivil Procedure: In light of the U.S. Supreme Court Opinion, J. McIntyre Machinery, Ltd. v. Nicastro, personal jurisdiction is established when a company has a "regular course of sales," or a "regular...flow" of sales within the forum state.(07-19-2012)
State v. BrayCriminal Procedure: Under ORS 147.537(8), an interlocutory appeal from a contested court order must be brought within 7 days from the issuance of the order.(06-07-2012)

Oregon Court of Appeals

TitleExcerptFilling Date
Fay and FayFamily Law: Without a showing of evidence, the division of property is at the discretion of the trial court. Under ORCP 68 C(4)(b) and ORCP 10, 3 days shall be added to the objection period if the notice is served by mail. Thus, an objection being served by mail is allotted 17 days rather than 14.(07-25-2012)
Brown v. City of MedfordConstitutional Law: Under the doctrine of unconstitutional conditions, the government need only impose an unconstitutional condition rather than actual invasion of the property, for the government to have violated a person's constitutional rights. A nexus exists when "the exaction substantially advances the same interests that the city authorities asserted would allow them to deny the permit altogether."(07-05-2012)
State v. TaylorCriminal Procedure: For a police inventory procedure to be valid, it must limit the discretion of the officers in searching and opening containers seized from arrested individuals. If the procedure gives too much discretion, it is constitutionally invalid.(05-16-2012)
S.A.B. v. RoachCivil Stalking Protective Order: For a stalking protective order, ORS 30.866 requires two or more contacts that will cause objectively reasonable fear. If verbal, the contact must rise to the level of a threat, and if physical, the contact must both subjectively and objectively reasonably cause alarm or coercion.(05-02-2012)
Unifund CCR Partners v. DeboerCivil Procedure: When another state’s otherwise applicable statute of limitation period is substantially different than Oregon’s and the application of that statute of limitation would impose an unfair burden on defending against the claim, a court may apply the appropriate Oregon statute of limitation.(03-28-2012)