Dep’t of Human Servs. v. T.M.D.
"In a termination proceeding, if a parent’s conduct justifies termination, then the best interests of the child are considered explicitly, and could even then prevent termination from occurring.” State ex rel Juv. Dept. v. Beasley, 314 Or 444, 451-52, 840 P2d 78 (1992).
Area(s) of Law:- Juvenile Law
State v. Moreno-Hernandez
“It is generally held that medical expenses incurred due to the negligent injury of a minor unemancipated child are damages suffered by the parent and not the child.” Palmore v. Kirkman Laboratories, 270 Or 294, 527 P2d 391 (1974); ORS 31.700.
Area(s) of Law:- Sentencing
State v. Toth
There are three requirements for a compensatory fine: “[t]he first is that the crime must ‘result[] in injury.’” State v. Moreno Hernandez, 365 Or 175, __ (2019) (quoting ORS 137.101(1)). Second, "the statutory definition of 'victim' in ORS 137.103(4) must be met, which usually requires a showing that the victim suffered 'economic damages,' defined by ORS 31.710 as 'reasonable charges necessarily incurred for medical, hospital, nursing and rehabilitative services and other health care services***.'" Third, “‘those damages were recoverable against the defendant in a civil action.’” Moreno Hernandez, 365 Or at __ (quoting State v. Barkley, 315 Or 420, 438, 846 P2d 390 (1993)).
Area(s) of Law:- Remedies
Eugene Water and Electric Board v. PERB
Under former ORS 237.011 (1981), a person is only eligible for the PERS benefits if they are "in the service of a public employer for a six month period," and under former ORS 237.071(2), "the employer must deduct the contributions of employees from the payroll and transmit that information to the board to create an account for the employee in the fund."
Area(s) of Law:- Administrative Law
State v. Gutierrez-Medina
Comparative fault is not available as a defense for conduct involving "culpability beyond gross negligence." Johnson v. Tilden, 278 Or 11, 17, 562 P2d 1188 (1977); Cook v. Kinzua Pine Mills Co. et al, 207 Or 34, 42, 293 P2d 717 (1956).
Area(s) of Law:- Criminal Law
State v. Sperou
Under ORS 136.415, “[W]here a defendant denies that any crime occurred, references to the complaining witness as a ‘victim’ may undermine the presumption of defendant’s innocence because it assumed defendant’s guilt, a fact that is necessarily not proved until the jury finds the defendant guilty.” See also Jackson v. Virginia, 442 US 307, 315, 99 S Ct 2781 (1979).
Area(s) of Law:- Evidence
Garcia-Solis v. Farmers Ins. Co.
“For every compensable injury, the insurer *** shall cause to be provided medical services for conditions caused in material part by the injury ***” ORS 656.245(1).
Area(s) of Law:- Workers Compensation
State v. Riley
Under ORS 136.440(1), “‘the corroborative evidence must be independent of the testimony of the accomplice.’” State v. Brake, 99 Or 310, 313, 195 P 583 (1921). “Other evidence is required by the statute, ‘so that it can in truth be said that his conviction is not based entirely upon the evidence of the accomplice.’” Id.
Area(s) of Law:- Criminal Law