Oregon Supreme Court

Opinions Filed in July 2022

Hickey v. Scott

Under ORS 90.394(3), a valid termination notice must specify the amount of rent that must be paid to cure nonpayment, the amount must be precise and accurate.

Area(s) of Law:
  • Landlord Tenant

Lowell v. Medford School District. 549c

Absolute privilege applies when the public’s interest in functioning government is so great that it outweighs an individual’s interest in redress for reputational harm. Shearer v.  Lambert, 274 Or 449, 547 P2d 98 (1976).

Area(s) of Law:
  • Tort Law

State v. Gray

Or Const, Art I, §11, of the Oregon Constitution entitles Defendant to have his counsel present in the grand jury room during his testimony.

Area(s) of Law:
  • Criminal Procedure

State v. Benson

“To succeed on a claim of a due process violation caused by a preindictment delay, a defendant must ‘show that the delay actually prejudiced the defendant, and that the government culpably caused the delay.’” State v. Stokes, 350 Or 44, 64 (2011).

Area(s) of Law:
  • Constitutional Law

Dahlton v. Kyser

In a wrongful death claim, beneficiaries are not parties and therefore cannot be compelled to produce privileged medical information relating only to their own treatment arising from loss of decedent's society and companionship.

Area(s) of Law:
  • Tort Law

Gist v. ZoAn Management, Inc.

Under ORS 652.360(1), employers cannot create “special contract[s] or any other means” to circumvent statutes related to paying wages.

Area(s) of Law:
  • Arbitration

Scott v. Kesselring

“[T]he issue of liability for harm actually resulting from defendant’s conduct properly depends on whether that conduct unreasonably created a foreseeable risk to a protected interest of the kind of harm that befell the plaintiff.” Fazzolari v. Portland School Dist. No. 1J, 303 Or. 1, 17 (1987).

Area(s) of Law:
  • Tort Law

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