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  • Commentaries
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Oregon Case Commentaries

No Contested Hearing Required to Accept Tribal Customary Adoption: Oregon Supreme Court Clarifies ORS 419B.656 and Affirms Tribal–State Shared Roles under ORICWA

No Contested Hearing Required to Accept Tribal Customary Adoption: Oregon Supreme Court Clarifies ORS 419B.656 and Affirms Tribal–State Shared Roles under ORICWA

Date: Sep 27, 2025
No Contested Hearing Required to Accept Tribal Customary Adoption: Oregon Supreme Court Clarifies ORS 419B.656 and Affirms Tribal–State Shared Roles under ORICWA Introduction In Dept. of Human...
ORS 12.125 Contains No Discovery Rule: One-Year Limit for ORLTA and Rental Agreement Claims Runs from Breach or Violation

ORS 12.125 Contains No Discovery Rule: One-Year Limit for ORLTA and Rental Agreement Claims Runs from Breach or Violation

Date: Sep 27, 2025
ORS 12.125 Contains No Discovery Rule: One-Year Limit for ORLTA and Rental Agreement Claims Runs from Breach or Violation Introduction In Hathaway v. B & J Property Investments, Inc., 374 Or 212...
In re Abel: Oregon Supreme Court Clarifies “Actual Knowledge” for RPC 8.4(a)(3) and Uses Objective Indicators to Prove It; False Criminal Threats in Demand Letters Merit Suspension

In re Abel: Oregon Supreme Court Clarifies “Actual Knowledge” for RPC 8.4(a)(3) and Uses Objective Indicators to Prove It; False Criminal Threats in Demand Letters Merit Suspension

Date: Sep 27, 2025
In re Abel: Oregon Supreme Court Clarifies “Actual Knowledge” for RPC 8.4(a)(3) and Uses Objective Indicators to Prove It; False Criminal Threats in Demand Letters Merit Suspension Citation: In re...
No Asportation Without Increased Isolation or Control: State v. Anderson Refines Oregon’s Kidnapping Standard and Confirms Property-Directed Violence Can Constitute Menacing

No Asportation Without Increased Isolation or Control: State v. Anderson Refines Oregon’s Kidnapping Standard and Confirms Property-Directed Violence Can Constitute Menacing

Date: Sep 27, 2025
No Asportation Without Increased Isolation or Control: State v. Anderson Refines Oregon’s Kidnapping Standard and Confirms Property-Directed Violence Can Constitute Menacing Introduction In State v....
Mandatory Relief Upon a Case‑Specific Showing of Prejudice from Joinder: The Oregon Supreme Court’s Clarification of ORS 132.560(3) in State v. Hernandez‑Esteban

Mandatory Relief Upon a Case‑Specific Showing of Prejudice from Joinder: The Oregon Supreme Court’s Clarification of ORS 132.560(3) in State v. Hernandez‑Esteban

Date: Sep 27, 2025
Mandatory Relief Upon a Case‑Specific Showing of Prejudice from Joinder: The Oregon Supreme Court’s Clarification of ORS 132.560(3) in State v. Hernandez‑Esteban Introduction In State v....
WRME Eligibility Turns on Insurer’s Current Reliance on an IME: Oregon Supreme Court Adopts a “Time-of-Decision” Test in Teitelman v. SAIF

WRME Eligibility Turns on Insurer’s Current Reliance on an IME: Oregon Supreme Court Adopts a “Time-of-Decision” Test in Teitelman v. SAIF

Date: Sep 27, 2025
WRME Eligibility Turns on Insurer’s Current Reliance on an IME: Oregon Supreme Court Adopts a “Time-of-Decision” Test in Teitelman v. SAIF Introduction In Teitelman v. SAIF, 374 Or 271 (2025), the...
Precision in Settlement: Oregon Supreme Court Narrows the Contribution-Bar Under ORS 465.480(4)(a)

Precision in Settlement: Oregon Supreme Court Narrows the Contribution-Bar Under ORS 465.480(4)(a)

Date: Aug 14, 2025
Precision in Settlement: Oregon Supreme Court Narrows the Contribution-Bar Under ORS 465.480(4)(a) Introduction Continental Casualty Co. v. Argonaut Ins. Co., 374 Or 144 (2025) (“Continental v....
Beyond Water Quantity: Oregon Supreme Court Confirms Protection of Beneficial Use and Commands a Full Public-Interest Review in Water-Right Permitting (East Valley Water v. OWRD, 374 Or 148 (2025))

Beyond Water Quantity: Oregon Supreme Court Confirms Protection of Beneficial Use and Commands a Full Public-Interest Review in Water-Right Permitting (East Valley Water v. OWRD, 374 Or 148 (2025))

Date: Aug 14, 2025
Beyond Water Quantity: Oregon Supreme Court Confirms Protection of Beneficial Use and Commands a Full Public-Interest Review in Water-Right Permitting Commentary on East Valley Water District v....
State v. Logston (2025): Constitutional Supremacy in Consecutive Sentencing After Probation Revocation

State v. Logston (2025): Constitutional Supremacy in Consecutive Sentencing After Probation Revocation

Date: Aug 6, 2025
State v. Logston (374 Or 101, 2025): Constitutional Supremacy in Consecutive Sentencing After Probation Revocation Introduction State v. Logston presented the Oregon Supreme Court with a narrow, but...
Clarifying Rational-Basis Review in Oregon Tax Classifications:  Delta Air Lines, Inc. v. Department of Revenue (374 Or 58)

Clarifying Rational-Basis Review in Oregon Tax Classifications: Delta Air Lines, Inc. v. Department of Revenue (374 Or 58)

Date: Jul 29, 2025
Clarifying Rational-Basis Review in Oregon Tax Classifications: Delta Air Lines, Inc. v. Department of Revenue (374 Or 58 - 2025) 1. Introduction Case Background. For decades, Oregon has taxed the...
Jackson v. KA-3 Associates, LLC: Oregon Supreme Court Affirms Landlord Duty to Maintain Common Areas Under ORS 90.320(1)

Jackson v. KA-3 Associates, LLC: Oregon Supreme Court Affirms Landlord Duty to Maintain Common Areas Under ORS 90.320(1)

Date: Jul 22, 2025
Jackson v. KA-3 Associates, LLC: Extending Oregon Landlord Habitability Obligations to Common Areas Under ORS 90.320(1) Introduction Citation: Jackson v. KA-3 Associates, LLC, 374 Or 1 (2025),...
Implicit Nondisparagement Clauses Do Not Waive Oregon’s Anti-SLAPP Protections – A Commentary on Lowes v. Thompson, 374 Or 23 (2025)

Implicit Nondisparagement Clauses Do Not Waive Oregon’s Anti-SLAPP Protections – A Commentary on Lowes v. Thompson, 374 Or 23 (2025)

Date: Jul 22, 2025
Implicit Nondisparagement Clauses Do Not Waive Oregon’s Anti-SLAPP Protections A Comprehensive Commentary on Lowes v. Thompson, 374 Or 23 (2025) 1. Introduction Lowes v. Thompson is the Oregon...
“The Registered-Owner Inference Rule” – A New Article I, § 9 Benchmark after State v. Betancourt (2025)

“The Registered-Owner Inference Rule” – A New Article I, § 9 Benchmark after State v. Betancourt (2025)

Date: Jul 22, 2025
“The Registered-Owner Inference Rule” – A New Article I, § 9 Benchmark after State v. Betancourt (2025) 1. Introduction The Supreme Court of Oregon’s en banc decision in State v. Betancourt, 374 Or...
Expanding Judicial Discretion in Presentence Incarceration Credits: State ex rel Torres-Lopez v. Fahrion (373 Or 816)

Expanding Judicial Discretion in Presentence Incarceration Credits: State ex rel Torres-Lopez v. Fahrion (373 Or 816)

Date: Jul 11, 2025
Expanding Judicial Discretion in Presentence Incarceration Credits: State ex rel Torres-Lopez v. Fahrion (373 Or 816) Introduction On 10 July 2025 the Oregon Supreme Court, sitting en banc, delivered...
“Dwelling” for Home-Occupation Permits Must Independently Qualify as an Allowed Category of Dwelling in the Zone – Friends of Yamhill County v. Yamhill County (373 Or 790)

“Dwelling” for Home-Occupation Permits Must Independently Qualify as an Allowed Category of Dwelling in the Zone – Friends of Yamhill County v. Yamhill County (373 Or 790)

Date: Jul 5, 2025
“Dwelling” for Home-Occupation Permits Must Independently Qualify as an Allowed Category of Dwelling in the Zone – Friends of Yamhill County v. Yamhill County, 373 Or 790 (2025) 1. Introduction In...
Crosbie v. Asante: Remand-Scope Orders Are Not Immediately Appealable under ORS 19.205(3)

Crosbie v. Asante: Remand-Scope Orders Are Not Immediately Appealable under ORS 19.205(3)

Date: Jun 30, 2025
Crosbie v. Asante: Remand-Scope Orders Are Not Immediately Appealable under ORS 19.205(3) 1. Introduction In Crosbie v. Asante, 373 Or 773 (2025), the Oregon Supreme Court confronted a recurring...
The Burton Rule: Defense Counsel’s Latitude to Emphasize the Absence of Testimony in Closing Argument

The Burton Rule: Defense Counsel’s Latitude to Emphasize the Absence of Testimony in Closing Argument

Date: Jun 30, 2025
The Burton Rule: Defense Counsel’s Latitude to Emphasize the Absence of Testimony in Closing Argument Introduction In State v. Burton, 373 Or 750 (2025), the Oregon Supreme Court clarified the...
State v. Worsham: Plain-Error Limits on Unrequested Supplemental Jury Instructions

State v. Worsham: Plain-Error Limits on Unrequested Supplemental Jury Instructions

Date: Jun 30, 2025
State v. Worsham (373 Or 739, 2025): Plain-Error Limits on Unrequested Supplemental Jury Instructions Introduction State v. Worsham presented the Supreme Court of Oregon with a deceptively narrow...
Stipulating ‘Court May Impose’ Consecutive Sentences: Resolving Ambiguities in Oregon Plea Agreements

Stipulating ‘Court May Impose’ Consecutive Sentences: Resolving Ambiguities in Oregon Plea Agreements

Date: Jun 10, 2025
Stipulating ‘Court May Impose’ Consecutive Sentences: Resolving Ambiguities in Oregon Plea Agreements Introduction In State of Oregon v. James Clare Walsh IV (373 Or 712, June 5, 2025), the Oregon...
“The Walsh Protocol”: Judicial Duties When a Plea Agreement Is Ambiguous at Sentencing

“The Walsh Protocol”: Judicial Duties When a Plea Agreement Is Ambiguous at Sentencing

Date: Jun 4, 2025
“The Walsh Protocol”: Judicial Duties When a Plea Agreement Is Ambiguous at Sentencing Introduction State v. Walsh, 373 Or 714 (2025), confronts a recurring but seldom-resolved problem: what must a...
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