Oregon Court of Appeals

Opinions Filed in August 2021

Borough v. Caldwell

“[A] plaintiff who has won or lost a declaratory judgment action ‘may * * * bring a subsequent action for other relief, subject to the constraint of the determinations made in the declaratory action,’ because ‘a declaratory action determines only what it actually decides and does not have a claim preclusive effect on other contentions that might have been advanced.’” Restatement (Second) of Judgments §33 comment c (“Effects as to matters not declared”); see also Andrew Robinson Int’l, Inc. v. Hartford Fire Ins. Co., 547 F3d 48, 56 (1st Cir 2008).

Area(s) of Law:
  • Trusts and Estates

Harcourts Integrity Team Real Estate Services LLC v. Ralph

“A trial court is required to ‘make special findings of fact and state its conclusions of law on the record regarding the issues material to the award or denial of attorney fees’ where a party makes a request by ‘including a request for findings and conclusions in the caption of the statement of attorney fees or cots and disbursements, objection, or response filed pursuant to’ ORCP 68.” Harcourts Integrity Team Real Estate Services LLC. v. Ralph, 497 P3d 1253 (Or. App. 2021).

Area(s) of Law:
  • Civil Procedure

Mendoza v. Xtreme Truck Sales, LLC

If a plaintiff rejects a defendant’s offer of judgment and then “fails to obtain a judgment more favorable than the offer,” the defendant, and not the plaintiff, is entitled to costs and fees. See generally Mathis v. St. Helens Auto Center, Inc., 367 Or 437, 448-50, 478 P3d 946 (2020).

Area(s) of Law:
  • Civil Procedure

SAIF v. Blankenship

An injury is compensable under ORS 656.005(a) if it “arises out and in the course of the employment." “An injury ‘arises out of’ the employment if it arises from the nature of the claimant’s work or from a risk to which the work environment exposes the worker.” Fred Meyer, Inc., v. Hayes, 325 Or 592, 598 (1997).

Area(s) of Law:
  • Workers Compensation

SAIF v. Chavez-Cordova

“Personal risks are risks that have no employment connection and that arise from conditions or circumstances that are personal to the worker. Sheldon v. U. S. Bank, 364 Or 831, 834 (2019).

Area(s) of Law:
  • Workers Compensation

Smith v. Dept. of Corrections

“[I]t is not this court’s function to speculate as to what a party’s argument might be [or] to make or develop a party’s argument when that party has not endeavored to do so itself.” Beall Transport Equipment Co. v. Souther Pacific, 186 Or App 696, 700-01 n 2, 64 P3d 1193, adh’d to as clarified on recons, 187 Or App 472, 68 P3d 259 (2003).

Area(s) of Law:
  • Civil Procedure

State v. C. V.-I.

ORS 426.307(6) allows a court to continue a person's involuntary commitment if the court determines that "the individual is still a person with mental illness by clear and convincing evidence and is in need of further treatment." The state must prove that the person is "unable to provide for his or her basic personal needs in a way that leaves the person at a non speculative risk of 'serious physical harm' . . . in the near future."  State v. M.A.E., 299 Or App 231, 240 (2019). 

Area(s) of Law:
  • Civil Commitment

Dept. of Human Services v. D. F. R. M.

Under ORS 419B.368, the party seeking to terminate parental rights must show, by way of clear and convincing evidence, that the termination of parental rights is in the best interest of the child.

Area(s) of Law:
  • Juvenile Law

State v. Butler

When a defendant repeatedly creates new profiles shortly after being blocked by a victim, and the content of the messages posted by those profiles could lead to the inference that it was more likely than not that defendant was attempting to contact the victim, the conduct likely amounts to contact for purposes of conditions of no-contact. See State v. Crombie, 267 Or App 705, 711, 341 P3d 841 (2014).

Area(s) of Law:
  • Criminal Law

State v. Jackson

Under ORS 161.067(1), merger is required when elements of one offense are subsumed by another.

Area(s) of Law:
  • Criminal Law

State v. Jackson

ORS 161.067 prevents merger when two or more provisions of criminal law are violated, and each provision necessitates proof of an additional element that the others do not.

Area(s) of Law:
  • Criminal Law

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