Josephine County v. PERB
Under ORS 238.225, the Public Employees Retirement Board may set county Public Employees Retirement System (PERS) liability level at a level that would fund those liabilities.
Area(s) of Law:- Administrative Law
Creekside Homeowners Assn. v. Creekside Golf Course
Under ORS 28.020, when a development’s CC&Rs do not require maintenance of a golf course nor prohibit residential development, a claim of waste cannot be sustained.
Area(s) of Law:- Contract Law
Diamond Heating, Inc. v. Clackamas County
Under the economic loss doctrine, Oregon imposes liability for negligence if one unreasonably creates a foreseeable risk of harm to others and the plaintiff can sufficiently allege facts establishing a duty of care beyond reasonable care. See J.H. Kelly, LLC v. Quality Plus Services, Inc., 305 Or App 565, 572 (2020); Paul v. Providence Health Systems-Oregon, 351 Or 587, 591 (2021). "To recover damages for purely economic harm, liability 'must be predicated on some duty of the negligence act to the injured party beyond the common law duty to exercise reasonable care to prevent foreseeable harm.’" Id.
Area(s) of Law:- Tort Law
Kerridge v. Jester
Under Albrich v. Allstate Ins. Co., 152 Or App 416 (1998), “a change in conditions or circumstances is more likely to constitute a valid basis for concluding that the enforcement of the judgment is no longer equitable [under ORCP 71 B(1)(e)] if the change makes enforcement of the judgment unnecessary or somehow thwarts the aim of the judgment.”
Area(s) of Law:- Civil Procedure
Marshall v. PricewaterhouseCoopers, LLP
Under Westwood Construction Co. v. Hallmark Inns, 182 Or App 624 (2002), when a judgment or order in a prior proceeding shows on its face “that a matter was actually determined, the determination is preclusive.”
Area(s) of Law:- Civil Procedure
Scott, Inc. v. City of Ontario
If a proposed land use is conditional within a zoning designation, then the use is not prohibited, and the city may not mark the application as such.
Area(s) of Law:- Land Use
State v. Arriaga-Mendoza
Under ORS 811.175(1), the material time period for a Driving While Suspended charge is not a specific date, but rather, “during a period when the person’s driving privileges or right to apply for driving privileges have been suspended or revoked[.]”
Area(s) of Law:- Criminal Law
Westhaven, LLC v. City of Dayton
The court of appeals only has jurisdiction to hear an appeal from a municipal court not of record when the petitioner challenges the constitutionality of the municipal ordinance for which he was convicted.
Area(s) of Law:- Appellate Procedure
Chinese Consolidated Benevolent Assn. v. Chin
ORS 31.152 does not provide authority under ORCP 54 A(3) to award “any costs and disbursements, including attorney fees, provided by contract, statute, or rule.”
Area(s) of Law:- Civil Procedure
Dept. of Human Services v. E. J.
In order to overcome the privilege codified in ORS 419A.255, the party seeking to introduce evidence has the burden of showing that the contested records were not (1) history and prognosis information and (2) that they were not located in the supplemental confidential file or record of the case. Oregon Law Commission, Juvenile Records Work Group Report 14 (2013).
Area(s) of Law:- Juvenile Law
Miles v. Bi-Mart Corp.
Under ORS 656.005(7)(a), when a person is injured at work, that injury is compensable if it “aris[es] out of and in the course of employment.”
Area(s) of Law:- Workers Compensation
State v. Cross
“The defendant’s intent with respect to the scope of consent is unambiguously expressed, that manifestation of intent is controlling.” Id. at 539; see also State v. Winn, 361 Or 636, 643, 396 P3d 926 (2017).
Area(s) of Law:- Criminal Procedure
State v. Delatore
Under State v. Berrellez, 266 Or App 381 (2014), a delay caused by a defendant’s flight from justice where law enforcement has issued and attempted to follow up on an arrest warrant but “had no information as to the defendant’s location until his arrest[,]” does not provide a basis for dismissal on speedy trial grounds.
Area(s) of Law:- Criminal Procedure
State v. Hawthorne
“An exigent circumstance is “a situation that requires police to act swiftly to prevent danger to life or serious damage to property, or to forestall a suspect’s escape or the destruction of evidence.” State v. Snow, 337 Or 219, 223, 94 P3d 872 (2004).
Area(s) of Law:- Criminal Procedure
Vannett Properties, LLC v. Lane County
Under Measure 49, “the authority to convert a lot to an authorized home site is not automatically transferred from a claimant to a subsequent owner simply by a sale of a lot.”
Area(s) of Law:- Property Law
Davis v. SAIF
Under SAIF v. Sumner, 313 Or App 434 (2021), injury arising from a task within a claimant’s course of employment, done for the employer’s benefit, is compensable even if done while the employee is off work.
Area(s) of Law:- Workers Compensation
Dept. of Hum. Servs. v. Z.M.
Juvenile courts may assert dependency jurisdiction over children whose conditions or circumstances are such as to endanger the welfare of the child or of others.
Area(s) of Law:- Juvenile Law
Moyer v. Columbia State Bank
In order to survive a motion to dismiss a breach of contract claim, plaintiffs must "plead ultimate facts... and not merely state legal conclusions", but are not required under ORCP 18 A to allege evidence. Fearing v. Butcher, 328 Or 367, 371, 977 P2d 1163 (1999).
Area(s) of Law:- Civil Procedure
Smith v. Airbnb, Inc.
As long as interactive computer service providers do not act in manners that transform them into content providers, their immunity under CDA 230 is not foreclosed. Fair Hous. Council of San Fernando Valley v. Roommates.Com, LLC, 521 F3d 1157, 1162 (9th Cir 2008).
Area(s) of Law:- Civil Procedure
State v. Deatley
All investigative activities during a traffic stop are subject to subject matter and durational limitation, all activity must reasonably be related to the traffic stop or supported by an independent constitutional justification.
Area(s) of Law:- Criminal Procedure
State v. G.E.S.
Under ORS 419A.196, the acts from which an adjudication arises are those of the youth and not a third party.
Area(s) of Law:- Juvenile Law
State v. Stewart
In State v. Keller, 40 Or App 143, 145 (1979), the court clarified that "striking, slapping, etc. and comparable acts are not, as a matter of law, offensive physical contact within the meaning of ORS 166.065(1)(a)--instead, it remains a question for the fact-finder in each individual case whether under the specific circumstances the defendant subjected another to offensive physical contact."
Area(s) of Law:- Criminal Procedure
Upham v. Forster
The court has jurisdiction to enjoin public bodies from withholding records and order the production of improperly withheld documents, withholding means to retain and keep in one’s possession and control. Merely receiving the records after a lawsuit has been filed is not enough to “prevail,” Plaintiff did not revive a favorable judgment.
Area(s) of Law:- Civil Procedure
Erickson v. R&R Ranches, LLC.
Under Whittle v. Marion County Dist. Court, 108 Or App 463 (1991), ORS 90.255 authorizes attorney fees in any action having “a connection to a dispute under a residential lease or rental agreement subject to ORS chapter 90.”
Area(s) of Law:- Attorney Fees
Dorn v. Teacher Standards and Practices Comm.
“Our review function under ORS 183.450 ‘is not to substitute a court’s findings of fact for an ALJ’s [or agency’s] findings of fact, when there is substantial evidence in the record for [a] finding. This is true even when there is also substantial evidence to the contrary.’" Gaylord v. DMV, 283 Or App 811, 822, 391 P3d 900 (2017).
Area(s) of Law:- Administrative Law
Neel v. Lee
“A statutory claim for financial abuse has four elements: there must be (1) a taking or appropriation (2) of money or property (3) that belongs to an elderly or incapacitated per-son, and (4) the taking must be wrongful.” Church v. Woods, 190 Or App 112, 117, 77 P3d 150 (2003).
Area(s) of Law:- Civil Procedure
State v. Curiel
Fourth Degree Assault requires “substantial pain” experienced by the victim meaning the pain should not be fleeting or inconsequential. Statements which purport to explain an instance of domestic violence made within 24 hours of the incident are permissible.
Area(s) of Law:- Criminal Law
State v. Laune
The trial court plainly erred in assessing petitioner’s ability to pay attorney fees, it is incorrect to assume bail posted by a non-spouse third party belongs to a defendant. However, under the existing case law at the time of Defendant’s trial the court ruled correctly.
Area(s) of Law:- Criminal Law
State v. Summerlyn
It is plain error to instruct the jury that it can rule non-unanimously, but the unanimous guilty verdict made that error harmless. Departure from sentencing guidelines is permitted where there are compelling reasons to do so.
Area(s) of Law:- Criminal Procedure
State v. Venable
“When determining causation, a trial court must determine whether there is a ‘but-for’ connection between the victim’s damages and the crime and whether the victim’s economic damages were a reasonably foreseeable result of the defendant’s crime.” State v. Andrews, 366 Or 65, 69, 456 P3d 261 (2020).
Area(s) of Law:- Criminal Law
Stedman v. Department of Forestry
The fee for ATV registration is not a ‘charge’” under ORS 105.672(1) “paid ‘in return’ for the use of” particular land that would preclude recreational immunity under 105.688(3).
Area(s) of Law:- Tort Law
Dept. of Human Services v. T. L. M.
A juvenile court is authorized to order a psychological evaluation only where such an evaluation “is for a service that is rationally related to the findings that bring the child into the court’s jurisdiction.” W. C. T.,314 Or App at 776.
Area(s) of Law:- Juvenile Law
Double Tree Hotel v. Ansarinezhad
The plain and unambiguous text of the ORS 656.256 shows that the only plausible reading of the phrase “notice as required by this section” under subsection (4) is that such notice refers to the “notice of an accident” described in the preceding subsections (1), (2), and (3). 316 Or App 51 (2021).
Area(s) of Law:- Employment Law
Haas v. Estate of Mark Steven Carter
Under UCJI 23.02, when multiple causal factors “operate either independently or together to cause injury,” any one of those factors “may be a cause of the injury” so long as it “was a substantial factor in causing the injury.”
Area(s) of Law:- Tort Law
King v. Gallagher Bassett Ins. Services
The medical causation component of claimant’s mental disorder claim presents a complex medical question that must be resolved on the basis of expert medical evidence. See Uris v. Comp. Dep’t, 247 Or 420, 426, 430 P2d 861 (l967).
Area(s) of Law:- Workers Compensation
Precision Castparts Corp - PCC Structurals v. Cramer
ALJs and the Workers' Compensation Board are not required to evaluate whether the ARU abused its discretion because they conduct de novo review of the ARU's impairment determination. Marvin Wood Products v. Callow, 171 Or App. 175, 180, 14 P3d 686 (2000).
Area(s) of Law:- Workers Compensation
State v. Austin
Under existing United States Supreme Court case law, “it is not obvious or beyond dispute that the federal constitutional right to be convicted only by unanimous jury verdict is the type of ‘relevant’ circumstance that a defendant must know for his waiver of the right to a jury trial to be knowing and intelligent.”
Area(s) of Law:- Criminal Law
State v. C. L. E.
Given the highly specialized and complex nature of juvenile defense, reliance on only interactions with juvenile clients--particularly those with diagnosed mental disabilities--to evaluate competency "reflects an absence of professional skill and judgment." State ex rel Juv. Dept. v. Welch, 12 Or App. 400, 507 P2d 401 (1973).
Area(s) of Law:- Juvenile Law
State v. Halfmoon
Under ORS 137.106(1)(a), a victim has 90 days to file for restitution for damage caused by the person convicted of a crime described in ORS 153.008; however, the 90-day timeline may be extended by the court for good cause.
Area(s) of Law:- Remedies
State v. Wedebrook
If a defendant is "instrumental in bringing about the error", the court is dissuaded from exercising its discretion to correct it. State v. Taylor, 295 Or App 32, 35-36, 433 P3d 486 (2018).
Area(s) of Law:- Criminal Law
State v. Keys
“[B]y entering a plea, without objection, in the presence of counsel, defendant waived the preliminary hearing required” by the Oregon Constitution. State v. Sheppard, 35 Or App 69, 581 P2d 549 (1978), rev den, 285 Or 1 (1979).
Area(s) of Law:- Criminal Procedure