Oregon Supreme Court

Opinions Filed in July 2020

In Re Long

The Rules of Professional Conduct allow for alternative fee agreements that include an “earned on receipt” clause, however, the agreement must also stipulate that “the client may discharge the lawyer at any time and in that event may be entitled to a refund of all or part of the fee if the services for which the fee was paid are not completed.”  RPC 1.5(c)(3). 

Area(s) of Law:
  • Professional Responsibility

State v. Bolton

ORS 137.101 operates to distribute damages to victims of a crime but permits the sentencing court to redirect money from penalty fines and the sentencing court’s authority “need not be calibrated to—or limited to—the economic damages sustained by the victim.” State v. Garlitz, 287 Or App 372, 377 (2017).

Area(s) of Law:
  • Sentencing

Arvidson v. Liberty Northwest Ins. Corp.

“To constitute a finding that the compensation awarded to the Claimant should not be disallowed or reduced for purposes of [ORS 656.382(2)], such a finding must be made on the merits of the claim.” Timothy L. Williams, 46 Van Natta 2274 (1994)

Area(s) of Law:
  • Workers Compensation

Busch v. McInnis Waste Systems, Inc.

The legislature must act in a sufficient reason to counterbalance Art. 1, § 10’s substantive right that a person injured has a right to remedy those injuries. Horton v. OHSU, 359 Or. 168, 376 P.3d 998 (2016).

Area(s) of Law:
  • Remedies

Buel/Markley v. Rosenblum

In reviewing a ballot title, the court determines if the ballot title provided a concise and impartial statement of the purpose of the measure. Priestly v. Paulus, 297 Or. 141, 145 (1979). A court will not modify an explanatory statement unless the insufficiency extends beyond reasonable argument. Sizemore v. Myers, 327 Or. 456, 467 (1998).

Area(s) of Law:
  • Ballot Titles

Pulito v. Oregon State Board of Nursing

Where there is no statutory definition “[the Court will] ordinarily look to the plain meaning of the statute’s text as a key first step in determining what particular terms mean.” Comcast Corp. v. Dept. of Rev., 356 Or 282, 295, 337 P3d 768 (2014).

Area(s) of Law:
  • Administrative Law

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