Douglas County v. Fish and Wildlife Commission
An order is “any agency action expressed orally or in writing directed to a named person or named persons, other than employees, officers or members of an agency.” ORS 183.310(6)(a). A rule is (1) any agency directive, standard, regulation or statement (2) of general applicability (3) that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of any agency. ORS 183.310(9).
Area(s) of Law:- Administrative Law
Jaimez v. Rosales
Under ORS 20.075(1), the Court was required to consider various factors when deciding whether to award attorney fees, including the conduct of the parties, the reasonableness of their claims and defenses, the deterrence of good faith and meritless claims, the parties' diligence during the proceeding and settlement, the amount of fees for the prevailing party, and any other relevant factors.
Area(s) of Law:- Family Law
James et al. v. PacifiCorp, Inc.
Appellate review of class certification may be granted when preliminary qualifications regarding the case are met and judicial discretion allows for it. ORS 19.225 (1976).
Area(s) of Law:- Appellate Procedure
Lawson v. Cain
The Unnecessary Rigor Clause “is addressed specifically to the treatment of persons arrested, or confined in jail,” so “there can be no argument that rights under this guarantee are forfeited by conviction of crime or under lawful police custody.” Sterling, 290 Or at 619.
Area(s) of Law:- Habeas Corpus
Ride PDX, LLC v. Tee & B, LLC
The Court agreed with Defendants that the record did not support a particular statement having been made and modified the opinion to delete the last two sentences of the first full paragraph at 322 Or App at 180, accordingly.
Area(s) of Law:- Civil Law
State v. Hejazi
In determining whether a threat constitutes menacing, the court considers whether the harm was imminent or "moments away." State v. C.S., 365 P3d 535 (2015). Similarly, contact for the purpose of stalking must involve threats that instill fear of imminent and serious personal violence, which are likely to be followed by unlawful acts. State v. Rangel, 977 P2d 379 (1999).
Area(s) of Law:- Criminal Law
State v. Garlinghouse
Under OEC 702, expert testimony “must assist a trier of fact to understand the evidence or determine an issue of fact that it may not be able to understand or determine as well on its own.” State v. Jesse, 360 Or 584, 594 (2016).
Area(s) of Law:- Evidence
State v. Hadd
"If a defendant is in custody or compelling circumstances, then 'police must give Miranda warnings.'” State v. Roble-Baker, 340 Or 631, 638 (2006). "In determining whether the circumstances were compelling, our 'overarching inquiry is whether the officers created the sort of police-dominated atmosphere that Miranda warnings were intended to counteract.'” Id. at 641.
Area(s) of Law:- Criminal Procedure
State v. Meiser
"Ordinarily, when the legislature uses different terms, we assume that the legislature intends those terms to have different meanings." Norwood v. Premo, 287 Or App 443, 451 (2017).
Area(s) of Law:- Criminal Law
Birdnest Mobile Estates, LLC v. MCH Prop. Mgmt., LLC
“Where the bargained for but not obtained insurance would have covered the damages at issue in the case, the party who agreed but failed to obtain such insurance waived its claim against the contractual counterparty.” Koch v. Spann, 193 Or App 608 (2004).
Area(s) of Law:- Contract Law
PGE v. Alfalfa Solar I, LLC
We look at the text of the relevant provisions in the context of the entire agreement. If the meaning is clear from that examination our analysis ends. Yogman v. Parrott, 325 Or 358, 361, 937 P2d 1019 (1997). The provisions unambiguously provide that a PPA between PGE and a QF... (2) any such term starts on the date of contract execution; (3) the fixed price option is available only for the first 15 years of that term starting on the effective date of contract execution; and (4) for a contract with a term that is longer than 15 years, the fixed price is available only for the first 15 years of the term.
Area(s) of Law:- Administrative Law
Providence Health & Services v. Mancuso
It is an unlawful practice if in the course of a person’s business, vocation, or occupation the person “disparages the real estate, goods, services, property or business of a customer or another by false or misleading representations of fact.” ORS 646.608(1)(h).
Area(s) of Law:- Insurance Law
State v. Powers
In criminal actions, evidence of other crimes, wrongs or acts by the defendant is admissible if relevant except as otherwise provided by [other binding authorities]. OEC 404(4).
Area(s) of Law:- Evidence