C. R. v. Eugene School Dist. 4J
A special motion to strike under ORS 31.150 must “be filed within 60 days after service of the complaint” or at any later time, in the court’s discretion. ORS 31.152(1). Claims may be stricken if “based on written or oral statements” made during or in connection with a “proceeding authorized by law,” an “issue of public interest,” or in furtherance of “constitutional right of free speech” in connection with an issue of public interest. ORS 31.150(2).
Area(s) of Law:- Civil Law
Johnson v. Keiper
“A plaintiff in a medical malpractice case must offer expert testimony that, to a reasonable medical probability, the alleged breach of the standard of care caused the plaintiff’s injuries.” Cleland v. Wilcox, 273 Or 883, 887-88, 543 P2d 1032 (1975). However, certainty of the degree of harm is not by definition required to prove causation. Hansen v. Bussman, 274 Or 757, 759, 549 P2d 1265 (1976).
Area(s) of Law:- Tort Law
King v. Board of Parole
The Board of Parole’s order must “articulate[] the reasoning that leads from the facts to the conclusion drawn.” Dixon v. Board of Parole and Post-Prison Supervision, 257 Or App 273, 286, 306 P3d 715 (2013) (quoting Salosha, Inc. v. Lane County, 201 Or App 138, 143, 117 P3d 1047 (2005).
Area(s) of Law:- Parole and Post-Prison Supervision
Simington Gardens, LLC v. Rock Ridge Farms, LLC
Trespass in ORS 105.815 refers to the unauthorized injury to or severance of timber or produce.
Area(s) of Law:- Tort Law
State ex rel Maney v. Hsu
Under the plain wording of the statute, the “trigger” for the requirement of a rehabilitation hearing “is the imposition of a minimum period of confinement.” State ex rel Engweiler v. Felton, 350 Or 592, 260 P3d 448 (2011).
Area(s) of Law:- Criminal Procedure
State v. Almahmood
Article I, section 9, of the Oregon Constitution, is not a limit on officer authority to approach individuals and request cooperation or information, as long as officer conduct would not “be reasonably perceived as coercive in the sense that it would cause [that individual] to reasonably believe that the officer is intentionally restraining the [individual’s] liberty or freedom of movement in a significant way—that is, in a way that exceeds the bounds of ordinary social encounters between private citizens.” State v. Backstrand, 354 Or 392, 400 (2013).
Area(s) of Law:- Criminal Procedure
State v. Cazee
To establish probable cause, “an officer may consider the facts in light of the officer’s training, knowledge, and experience, but that experience cannot itself supply the facts.” State v. Aguilar, 307 Or App 457, 469, 478 P3d 558 (2020).
Area(s) of Law:- Criminal Procedure
State v. Fockler
"[T]his court has not held that a trial court must recite on the record how it evaluated the probative and prejudicial value of evidence and how it balanced the two. Rather, as Turnidge demonstrates, a court will make a sufficient record under Mayfield if the trial court's ruling, considered in light of the parties' arguments, demonstrates that the court balanced the appropriate considerations." State v. Anderson, 363 Or 392, 406 (2018) (discussing State v. Turnidge, 359 Or 364 (2016) and State v. Mayfield, 302 Or 631 (1987)).
Area(s) of Law:- Evidence
State v. Goguen
Under the officer safety exception, objectively reasonable is determined by evaluating “‘any of the circumstances confronted by the officer either individually or collectively . . . that the defendant posed an immediate threat to’” the officer or others. State v. Thomas, 276 Or App 334, 337 (2016) (quoting State v. Bates, 304 Or 519, 525 (1987)). For reasonable suspicion of criminal acts, “the officer must have a subjective belief that the person stopped has committed, or is about to commit, a crime, and that belief must be objectively reasonable under the totality of the circumstances.” State v. Kreis, 365 Or 659, 665 (2019).
Area(s) of Law:- Criminal Procedure
State v. Heaston
Enacting SB 302 shows the legislature’s intent that the phrase “controlled substances” generally would not include cannabis, and that the legislature made the purposeful decision to either amend or not amend statutes that previously referenced “controlled substances” but did not reference cannabis.
Area(s) of Law:- Criminal Law
State v. Hernandez
When considering whether an affidavit establishes probable cause for a search, reviewing courts look at the “totality of the circumstances presented in the affidavit” and the inferences that an issuing magistrate could reasonably draw from those circumstances. State v. Miser, 303 Or App 347, 352, 463 P3d 599, rev den, 366 Or 827 (2020). The “paramount consideration” of a request for a bench trial is “whether a bench trial will fully protect a defendant’s rights.” State v. Austin, 274 Or App 114, 120, 360 P3d 603 (2015).
Area(s) of Law:- Criminal Procedure
State v. Jensen
A criminal defendant is liable in restitution for all the economic damages that “result from” the defendant’s crime. State v. Ramos, 358 Or 581, 587, 368 P3d 446 (2016) (paraphrasing ORS 137.106(1)).
Area(s) of Law:- Criminal Law
State v. Moore
“The appellate decision becomes effective when the appellate judgment issues, and that appellate judgment is effective in itself, without any action of the lower court.” International Brotherhood v. Oregon Steel Mills, Inc., 180 Or App 265, 271-271, 44 P3d 600 (2002).
Area(s) of Law:- Civil Procedure
State v. Rideout
Under ORS 137.690, a person who has been convicted of more than one “major felony sex crime” is subject to a mandatory minimum term of 25 years. If, pursuant to the Supreme Court’s decision in Ramos, one of the two convictions is reversed, the trial court will no longer have the authority to impose a mandatory minimum sentence of 25 years under ORS 137.690 on the remining conviction.
Area(s) of Law:- Sentencing
State v. Thompson
"Oregon's constitutional test for affirmance despite error consists of a single inquiry: Is there little likelihood that the particular error affected the verdict? The correct focus of the inquiry regarding affirmance despite error is on the possible influence of the error on the verdict rendered, not whether this court, sitting as a fact-finder, would regard the evidence of guilt as substantial and compelling." State v. Davis, 336 Or 19, 32 (2003).
Area(s) of Law:- Criminal Procedure
Olson and Olson
The phrase “reasonably incurred” as used in ORS 107.105(1)(j) is intended to qualify only “costs and expenses.” Therefore, an award of attorney fees under that provision is not limited to fees actually incurred.
Area(s) of Law:- Attorney Fees
State v. Ceccoi
"[A] proponent may still 'need to establish "unavailability" by showing pursuit of "other reasonable means."' . . . In determining what, if any, further efforts are required, the totality of the circumstances" applies. State v. Iseli, 366 Or 151, 173 (2020)(quoting OEC 804(1)(e)).
Area(s) of Law:- Evidence
State v. E. J. J.
In order to commit someone “based on dangerousness to others, there must be a causal connection between” the person’s mental disorder and his allegedly dangerous behavior; the person must be “highly likely to engage” in actual, “future violence towards others.” State v. D. A. H., 241 Or App 391, 398, 250 P3d 423 (2011); State v. S. E. R., 297 Or App 121, 122, 441 P3d 254 (2019). To commit someone based on inability to provide for basic personal needs, the State must show that the inability to provide will place the person in danger of serious physical harm in the near future. State v. M. A. E., 299 Or App 231, 240, 448 P3d 656 (2019).
Area(s) of Law:- Civil Commitment
State v. Jordan
“The test for voluntariness is whether, under the totality of the circumstances, the consent was given by an act of a defendant’s free will as opposed to resulting from express or implied coercion.” State v. Jepson, 254 Or App 290, 294, 292 P3d 660 (2012).
Area(s) of Law:- Criminal Procedure
State v. Kennedy
Evidence to show the bias of a witness is always relevant. State v. Crum, 287 Or App 541, 551-52, 403 P3d 405 (2017).
Area(s) of Law:- Evidence
State v. Meiser
The standard for a “defendant seeking to establish a GEI defense “must show that, at the time of the crime, as a result of a mental disease or defect (which does not include a personality disorder…), the defendant lacked the substantial capacity to appreciate the criminality of his conduct or to conform that conduct to the requirements of law.” State v. Shields, 289 Or App 44, 47, 407 P3d 940 (2017), rev den, 362 Or 794 (2018).
Area(s) of Law:- Criminal Law
State v. Mosley
Requiring a party to preserve an issue in the trial court serves several purposes: it permits a trial court to consider and rule on a contention, thereby possibly avoiding an error altogether or correcting one already made and it also “fosters full development of the record, which aids the trial court in making a decision and the appellate court in reviewing it.” Peeples v. Lampert, 345 Or 209, 291-20, 181 P3d 637 (2008).
Area(s) of Law:- Appellate Procedure
State v. Smith
It was an error for the trial court to join cases where separate incidents involved different victims, different locations, and more than one month between. The misjoinder was reversible error in one conviction, but harmless in the other conviction had the cases been tried separately.
Area(s) of Law:- Criminal Procedure
Vaughn v. Vaughn
“As has long been settled, and as we reaffirm today, a state court may exercise personal jurisdiction over a nonresident defendant only so long as there exist ‘minimum contacts’ between the defendant and the forum State.” World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 291 (1980) (quoting International Shoe Co. v. Washington, 326 U.S. 310, 316 (1945)).
Area(s) of Law:- Civil Procedure
Davison and Schafer
Under the best-interests analysis of ORS 107.137(1), a court may consider lifestyle choices, such as moves, only if the choices “will or may cause damage to the child.” Miller and Miller, 269 Or App 436, 443, 345 P3d 472 (2015) (emphasis in original). Increased difficulty to the noncustodial parent’s ability to co-parent is “not relevant to the determination of damage.” Id. at 444. If a parent is a full-time student, imputation of full-time income is not appropriate. Bouris and Bouris, 276 Or App 637, 639, 369 P3d 1186 (2016).
Area(s) of Law:- Family Law
State v. Bowen
"The reasonable-suspicion standard ‘is met when an officer can point to specific and articulable facts that give rise to a reasonable inference that the defendant committed…a specific crime...’ State v. Maciel-Figueroa, 361 Or 163, 165, 389 P3d 1121 (2017). The officer must have a subjective belief that is objectively reasonable under the totality of the circumstances. State v. Kreis, 365 Or 659, 665, 451 P3d 954 (2019).”
Area(s) of Law:- Criminal Procedure
Stewart v. Albertson's, inc.
“However, we now interpret ORS 646.638 to provide that a violation by the defendant entitles the plaintiff to recover compensatory damages or $200, whichever is greater; the jury can also award punitive damages if it finds deterrence is called for and the defendant's conduct is particularly aggravated.” Crooks v. Payless Drug Stores, 285 Or 481, 490 (1979).
Area(s) of Law:- Remedies
Waveseer of Oregon, LLC v. Deschutes County
"ORS 215.416(8)(a) generally does not permit a county to develop land use approval standards and criteria through quasi-adjudicative decision-making; the standards must be reasonably discernible from provisions of the code itself." Zirker v. City of Bend, 233 Or App 601, 610, 227 P3d 1174, rev den, 348 Or 415 (2010).
Area(s) of Law:- Land Use
Jennewein v. MCIMetro Access Transmission Services
"Foreseeability plays a role in at least two overlapping common-law negligence determinations: (1) whether the defendant's conduct unreasonably created a foreseeable risk of harm to a protected interest of the plaintiff such that the defendant may be held liable for that conduct—formerly described in terms of 'duty' and 'breach' as measures of negligent conduct; and (2) whether, because the risk of harm was reasonably foreseeable, the defendant may be held liable to the plaintiff for the particular harm that befell the plaintiff." Piazza v. Kellim, 360 Or 58, 70 (2016).
Area(s) of Law:- Tort Law
McNichols v. Dept. of Fish and Wildlife
A plaintiff, unable to establish actual injury, has no standing under either ORS 183.480 or ORS 28.020 factor tests.
Area(s) of Law:- Administrative Law
Stanton v. Medellin
Under the ORLTA effective at the time of the landlord/tenant agreement, "neither the ORLTA nor public policy prohibit a landlord from bargaining away the landlord’s ability to terminate a tenancy..."
Area(s) of Law:- Landlord Tenant
State v. Buswell
Plaintiffs can recover the value of accrued sick time when they have used that earned employment benefit due to tortious injury and, consequently, are no longer able to avail themselves of that time, which otherwise would have been available for alternate uses. Under Oregon law, a plaintiff in a civil case would be entitled to damages for used sick leave under that same theory of economic loss.
Area(s) of Law:- Remedies
State v. M. T.
To establish a mentally ill person “is a danger to herself,” the state must establish that the person is likely to cause life-threatening physical harm to herself in the near future. State v. B. B., 240 Or App 75, 82-83, 245 P3d 697 (2010). Further, the “threat of serious physical harm” must be “particularized” and “highly probable.” State v. M. A., 276 Or App 624, 628-29, 371 P3d 495 (2016).
Area(s) of Law:- Civil Commitment
State v. S. A. R.
“A person is ‘dangerous to self’ for [the] purposes [of ORS 426.005(1)(f)(A)] if the person’s mental disorder puts her at a non speculative risk of serious physical harm or death in the near future, absent commitment.” State v. S.E.R., 297 Or App 121, 122, 441 P3d 254 (2019).
Area(s) of Law:- Civil Commitment
State v. T. T.
Officers must have reasonable suspicion that a person has committed or is about to commit a “specific type of crime”; reasonable suspicion based on “nonspecific criminal activity” is not sufficient to initiate or extend a stop. State v. Maciel-Figueroa, 361 Or 163, 180-81, 389 P3d 1121 (2017).
Area(s) of Law:- Juvenile Law