Willamette Law Online

(15 summaries)

Dane Rowinski

Oregon Supreme Court

TitleExcerptFilling Date
Girod v. KrogerBallot Titles: A ballot title’s caption must be specific enough for voters to identify the major effects of the proposed measure.(12-08-2011)
ZRZ Realty v. Beneficial Fire and Casualty Ins.Attorney Fees: The 2005 amendment to ORS 742.001 that created an exemption for surplus lines insurance policies to the rule that in certain instances plaintiffs may collect attorney fees from an insurance company, does not apply to claims filed before the effective date of the amendment.(11-10-2011)
Drollinger v. MallonCriminal Law: Exoneration is a prerequisite for bringing a legal malpractice claim against a defendant’s trial lawyer, but not for bringing a legal malpractice claim against post-conviction counsel.(09-01-2011)

Oregon Court of Appeals

TitleExcerptFilling Date
Kazlauskas v. EmmertContract Law: In contracts cases, specific performance as a remedy should only be available when other remedies are insufficient to compensate the non-breaching party.(03-14-2012)
State v. CapriSentencing: A post-prison supervision term, when added to the prison term, may not exceed the statutory maximum prison term for conviction; and a petition to enter a guilty plea does not constitute a stipulation to a post-prison supervision term if the plea makes no mention of the supervision.(02-29-2012)
Berry v. HuffmanAttorney Fees: Attorney fees will not be authorized if the judgment awarding the fees is related to the enforcement of an original marriage dissolution judgment and not a judgment to "set aside, alter, or modify" a previous judgment.(01-25-2012)
Man-Data, Inc v. B & A Automotive, IncInsurance Law: Sureties may raise any defense available to the principle obligor, even after a default order against the obligor, in an action against the sureties as individuals.(12-29-2011)
Frakes v. NayTrusts and Estates: If a court finds that there is no genuine issue of material fact concerning a trust settlor’s intent regarding how many distributions are to be made to individual beneficiaries, summary judgment is proper.(12-14-2011)
State v. GruverCriminal Law: A defendant’s failure to seek a restitution hearing authorized under ORS 137.106 does not constitute waiver of his or her right to seek appellate review of the restitution award.(12-14-2011)
State v. Torres-RivasEvidence: A trial court’s refusal to admit evidence of a victim’s bias toward a defendant is harmless if there is other evidence in the record that tends to prove such bias.(12-14-2011)
State v. GlassConstitutional Law: A procedure that requires a defendant to object to the admission of a laboratory report before trial, and subsequently allows the author of the report to testify after the objection, does not violate the Confrontation Clause of the U.S. Constitution.(12-07-2011)
State v. LaizureParole and Post-Prison Supervision: A court may extend probation, even in the absence of evidence of a violation, if it finds that the purposes of the probation are not being served.(12-07-2011)
State v. BellCriminal Law: Merger of separate verdicts into one conviction is not appropriate if the record shows that the defendant had a chance to renounce his or her criminal intent after each violation.(10-05-2011)
State v. KoCriminal Law: To violate a stalking protective order, statements made to protected persons must constitute unequivocal threats; and in order to prove a choice-of-evils defense, the defendant must prove that his conduct did not exceed what was necessary to avoid the purported evil.(09-08-2011)
State v. SimpsonCriminal Procedure: An unnamed informant’s report may be sufficient to justify an officer’s reasonable suspicion to stop a vehicle if the informant’s report is sufficiently detailed, and the officer can corroborate at least some of the information contained in the report.(08-17-2011)