9th Circuit Court of Appeals (5 summaries)
Jane Doe v. USDC-NVL
Pursuant to 18 U.S.C. § 3663(a)(3), when a defendant agrees to pay restitution as part of a plea agreement the district court has statutory authority to award restitution. United States v. McAninch, 994 F.2d 1380, 1384 n.4 (9th Cir. 1993); United States v. Soderling, 970 F.2d 529, 534 n.9 (9th Cir. 1992) (per curiam).
Area(s) of Law:- Remedies
Guzman v. Polaris Industries
Under Somner v. Premier Nutrition Corp., 971 F.3d 834, 837 (9th Cir. 2020), a plaintiff may only seek an equitable remedy under the UCL and CLRA if they lack an adequate legal remedy.
Area(s) of Law:- Civil Procedure
In Re Hawkeye Entertainment
“Under 11 U.S.C. § 365(b)(1), a debtor-in-possession may assume a lease only if it cures the default (or provides adequate assurances that it will), provides compensation for any actual pecuniary loss resulting from the default (or provides adequate assurances that it will) and provides adequate assurances of future performance under the lease.”
Area(s) of Law:- Bankruptcy Law
Pinkert v. Schwab Charitable Fund
“An injury that has not yet materialized but will occur in the future can be a basis for Article III standing, but the injury must be ‘imminent,’ meaning that it must be ‘certainly impending.’” Clapper v. Amnesty Int’l, 568 U.S. 398, 409 (2013).
Area(s) of Law:- Standing
MacIntyre v. Carroll College
“Retaliation against a person because that person has complained of sex discrimination is [a] form of intentional sex discrimination encompassed by Title IX’s private cause of action.” Jackson v. Birmingham Bd. of Educ., 544 U.S. 167, 173 (2005). “[A] plaintiff who lacks direct evidence of retaliation must first make out a prima facie case of retaliation…” Id. (citing Brown v. City of Tucson, 336 F.3d 1181, 1192 (9th Cir. 2003)). “[T]o make out a prima facie case, a plaintiff need only make a minimal threshold showing of retaliation.” Id.
Area(s) of Law:- Employment Law
Oregon Supreme Court (2 summaries)
Johnson v. SAIF
ORS 656.214(1)(a) defines “impairment” as “the loss of use or function of a body part or system due to the compensable industrial injury.” ORS 656.214(1)(a).
Area(s) of Law:- Workers Compensation
State v. Kyger
“Attempted aggravated murder involving the circumstance set out in ORS 163.095(1)(d) requires that the Defendant (1) intentionally; (2) caused the death of another human being; (3) when there was more than one murder victim in the same criminal episode”; and as set out in ORS 161.405 requires (4) “that an actor have “intentionally” engaged in “conduct” that constitutes a “substantial step” toward the commission of the crime.” State v. Kyger, 369 Or 363, 369, 375.
Area(s) of Law:- Criminal Law
Oregon Court of Appeals (16 summaries)
State v. Elbinger
“For the purposes of Article I, section 9, a seizure occurs when (1) a police officer intentionally and significantly interferes with an individual’s liberty or freedom of movement; or (2) a reasonable person, under the totality of the circumstances, would believe that his or her liberty or freedom of movement has been significantly restricted.” State v. Arreola-Botello, 365 Or 695, 701 (2019). If an officer does not have reasonable suspicion when a stop occurs, then the stop is unlawful, and all evidence discovered as a result of the unlawful police action is presumed tainted by the violation and must be suppressed. State v. Newton, 286 Or App 274, 288-89 (2017).
Area(s) of Law:- Criminal Procedure
Wang v. Board of Massage Therapists
(1) “A court lacks subject matter jurisdiction under the Uniform Declaratory Judgments Act if some other exclusive remedy exists to address the dispute” and “[w]hen the dispute at issue involves an agency’s action, or refusal to act, the review provisions of the APA provide the sole and exclusive means of obtaining judicial review, and an action for declaratory relief is not available.” Salibello v. Board of Optometry, 276 Or App 363, 367 (2016). (2) ORS 676.165(5) provides that “[i]nvestigatory information obtained by an investigator and the report issued by the investigator shall be exempt from public disclosure.” However, “[i]f a health professional regulatory board votes to issue a notice of intent to impose a disciplinary sanction, the board shall disclose to the licensee or applicant all information obtained by the board in the investigation of the allegations in the notice.” ORS 676.175(3).
Area(s) of Law:- Administrative Law
Dep't. of Human Servs. v. T. S. M.
Parties to dependency proceedings have a right to participate in hearings. See ORS 419B.875(2)(c). However, the juvenile court possesses the power “to provide for orderly conduct of proceedings before it * * *.” See ORS 1.010(3).
Area(s) of Law:- Juvenile Law
Floor Solutions, LLC v. Johnson
A “court shall vacate an award made in the arbitration proceeding if [a]n arbitrator exceeded the arbitrator’s powers[.]” ORS 36.705(1)(d). A court may not disturb an arbitration award if the issues that were arbitrated were within the scope of the parties’ agreement. Seller v. Salem Womens Clinic, Inc., 154 Or App 522, 527 (1998), rev den 328 Or 40 (1998).
Area(s) of Law:- Arbitration
Larsen v. Selmet, Inc.
ORCP 26 A allows a court to dismiss an action brought by someone other than the real party in interest without allowing substitution of the real party in interest. However, if the plaintiff made an honest and understandable mistake, the court may allow substitution.
Area(s) of Law:- Civil Procedure
State v. Hamilton
When an issue is not preserved at trial, review of that issue is limited to plain-error review where the error is considered “plain” if the legal point is obvious, not reasonably in dispute, and the error is apparent on the record without the court having to choose among competing inferences. See ORAP 5.45(1); State v. Vanornum, 354 Or 614, 629 (2013). A trial court has “discretionary authority to revoke probation” based on the “finding of a new crime or other violation of the conditions of probation.” State v. Kelemen, 296 Or App 184 (2019).
Area(s) of Law:- Criminal Law
Torres v. SAIF
An injury is compensable when it arises “out of and in the course of employment requiring medical services or resulting in disability or death” and “if the work is a material contributing cause of the injury.” ORS 656.005(7)(a); Coleman v. SAIF, 203 Or App 442, 446 (2005). “However, when an otherwise compensable injury combines with a preexisting condition to cause or prolong a disability or the need for treatment, the combined condition is compensable only if the otherwise compensable injury is the major contributing cause of the disability or need for treatment.” SAIF v. Harrison, 299 Or App 104, 106 (2019) (citing ORS 656.005(7)(a)(B)).
Area(s) of Law:- Workers Compensation
State v. Moala
A photograph illustrating nonverbal behavior intended to constitute an assertion—a "statement," OEC 801(1)(b)—that is intended to prove the truth of the claim in the statement is hearsay.
Area(s) of Law:- Evidence
Jaynes v. Cain
Under the Oregon Constitution, to be entitled to post-conviction relief based on a claim of inadequate assistance of counsel, “a petitioner must prove two elements: first, that trial counsel failed to exercise reasonable professional skill and judgment, and second, that the petitioner suffered prejudice as a result of counsel’s inadequacy.”
Area(s) of Law:- Criminal Law
State v. Buchnoff
Under ORS 162.205(1)(a), “a person commits the crime of failure to appear in the first degree if the person knowingly fails to appear as required after having by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that the person will subsequently appear personally in connection with a charge against the person of having committed a felony.”
Area(s) of Law:- Criminal Law
State v. Marks
ORS 161.067(1) provides, “When the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not, there are as many separately punishable offenses as there are separate statutory violations.” See ORS 161.067(1).
Loss of reputation is considered “economic damages,” when the damages are objectively verifiable. See ORS 137.103(2); ORS 31.705(2)(a).
- Criminal Law
Taylor v. State Hospital
OAR 309-114-0010(1)(b)(C) authorizes “[i]nvoluntary administration of significant procedures with good cause.” OAR 309-114-0010(2)(a) provides that the Oregon State Hospital may consider a person incapable of consenting to significant procedures "only if the person currently demonstrates an inability to reasonably comprehend and weigh the risks and benefits of the proposed procedure…or no treatment at all.”
Area(s) of Law:- Administrative Law
R.S.R. v. Dept. of Human Services
In absence of physical injury, a party may recover emotional and psychological damages if they establish that they have a “special relationship” with the other party. See Lowe v. Philip Morris USA, Inc., 207 Or App 532, 551, 142 P3d 1079 (2006).
Area(s) of Law:- Family Law
State v. Moore
The amendments made to ORS 131.125 were intended to extend the limitations period in the case of incidents of sexual abuse that had not yet been barred under the previous statute.
Under ORS 161.067(3), a court can enter multiple convictions for criminal conduct involving the same conduct or criminal episode, same victim, and same statutory provision only if the violations are separated from one another by a “sufficient pause” in the defendant’s criminal conduct. State v. Bradley, 307 Or App 374, 380, 477 P3d 409 (2020).
- Criminal Law
Brush and Brush
A trial court’s “just and proper” division of marital property requires consideration of both the statutory factors in ORS 107.105(1)(f) and equitable factors. Kunze and Kunze, 337 Or 122, 135, 92 P3d 100 (2004).
Area(s) of Law:- Family Law
Sullivan v. SAIF
For a board's order to be supported by substantial evidence, it must point out “what findings the board made and how those findings led the board to its ultimate conclusion—that is, it must be supported by substantial reason.” Armstrong v. Asten-Hill Co., 90 Or App 200, 206, 752 P2d 312 (1988).
Area(s) of Law:- Workers Compensation