Oregon Supreme Court

Opinions Filed in August 2019

Caren v. Providence Heealth System-Oregon

Once an accepted injury is no longer the “major contributing cause” of a combined condition, an employer may reduce the amount they must pay in compensation by (1) proving the injury is no longer a “major contributing cause” and (2) issuing a written denial to the employee. ORS 656.262(7)(b); ORS 656.268(1)(b); ORS 656.266(2)(a).

Area(s) of Law:
  • Workers Compensation

State v. Carpenter

"'[C]onceal' requires conduct by the defenant that hides the person who committed a crime punishable as a felony from ordinary observation."

Area(s) of Law:
  • Criminal Law

Friends of Columbia Gorge v. Energy Facility Siting Council

When rulemaking, and upon request, an administrative agency "…shall provide a statement that identifies the objective of the rule and a statement of how the agency will subsequently determine whether the rule is in fact accomplishing that objective.” ORS 183.335(3)(d).

Area(s) of Law:
  • Administrative Law

Kramer v. City of Lake Oswego

Oregon owns the lands underlying navigable waters of the state as a representative of the people and "the ownership is that of the people in their united sovereignty, while the waters remain public so that all persons may use the same for navigation and fishing," and the rights flowing from ownership of submersible lands includes a right of pass from the upland border of that land to the adjacent water. See generally Corvallis Sand & Gravel v. Land Board, 250 Or 319, 439 P2d 575 (1968), Eagle Cliff Fishing Co. v. McGowan, 70 Or 1, 137 P 766 (1914), & Smith Tug v. Columbia-Pac. Towing, 250 Or 612, 443 P2d 205 (1968).

Area(s) of Law:
  • Water Rights

Troubled Asset Solutions v. Wilcher

The gross negligence element of contract reformation requires “considering whether reformation would prejudice the other party to the transaction or a third party, as well as whether other equities may favor one party over the other.”

Area(s) of Law:
  • Contract Law

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