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  • Commentaries
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Oregon Case Commentaries

Tenant’s Statutory Right to Cure Violations under ORS 90.392: Mandatory Notice Requirement

Tenant’s Statutory Right to Cure Violations under ORS 90.392: Mandatory Notice Requirement

Date: May 16, 2025
Tenant’s Statutory Right to Cure Violations under ORS 90.392: Mandatory Notice Requirement Introduction KKMH Properties, LLC v. Shire, 373 Or 676 (2025), is a residential eviction case decided by the...
Plain-Error Review of Prosecutorial Jury Argument: Clarifying the Chitwood Framework in State v. Perez

Plain-Error Review of Prosecutorial Jury Argument: Clarifying the Chitwood Framework in State v. Perez

Date: May 2, 2025
Plain-Error Review of Prosecutorial Jury Argument: Clarifying the Chitwood Framework in State v. Perez Introduction State v. Perez, 373 Or 591 (2025), is the Oregon Supreme Court’s latest guidance on...
Limitation of the Article I, Section 11 Right to Counsel to Formal Charges: Precharging Interrogation Excluded—State v. Kilby

Limitation of the Article I, Section 11 Right to Counsel to Formal Charges: Precharging Interrogation Excluded—State v. Kilby

Date: May 2, 2025
Limitation of the Article I, Section 11 Right to Counsel to Formal Charges: Precharging Interrogation Excluded—State v. Kilby Introduction In State of Oregon v. Randall Richard Kilby (373 Or 557, May...
Expanding “Wrongful Taking” under ORS 124.110(1)(a): Improper Motive, Improper Means and Elder Abuse Liability

Expanding “Wrongful Taking” under ORS 124.110(1)(a): Improper Motive, Improper Means and Elder Abuse Liability

Date: May 2, 2025
Expanding “Wrongful Taking” under ORS 124.110(1)(a): Improper Motive, Improper Means and Elder Abuse Liability 1. Introduction Adelsperger v. Elkside Development LLC, 373 Or 621 (2025), arises from a...
State v. Lee: Statutory Prohibition of Anticipatory Warrants Under ORS 133.545(6)

State v. Lee: Statutory Prohibition of Anticipatory Warrants Under ORS 133.545(6)

Date: Apr 25, 2025
State v. Lee: Statutory Prohibition of Anticipatory Warrants Under ORS 133.545(6) Introduction In State v. Lee, 373 Or 555 (2025), the Supreme Court of Oregon considered whether Oregon’s statutory...
State v. Akins: Permitting Delayed-Disclosure Expert Testimony and Child-Declarant Hearsay Exception under OEC 803(18a)(b)

State v. Akins: Permitting Delayed-Disclosure Expert Testimony and Child-Declarant Hearsay Exception under OEC 803(18a)(b)

Date: Apr 18, 2025
State v. Akins: Permitting Delayed-Disclosure Expert Testimony and Child-Declarant Hearsay Exception under OEC 803(18a)(b) Introduction State v. Akins, 373 Or 506 (2025), is a decision of the Supreme...
Tortious Basis Required for “Accident” Under CGL Policies: Twigg v. Admiral Insurance Co.

Tortious Basis Required for “Accident” Under CGL Policies: Twigg v. Admiral Insurance Co.

Date: Apr 18, 2025
Tortious Basis Required for “Accident” Under CGL Policies: Twigg v. Admiral Insurance Co. Introduction Twigg v. Admiral Insurance Company is a 2025 decision of the Supreme Court of Oregon that...
Community Workforce Agreements as “Rules”: ODOT Must Follow Oregon APA Notice-and-Comment Procedures

Community Workforce Agreements as “Rules”: ODOT Must Follow Oregon APA Notice-and-Comment Procedures

Date: Apr 11, 2025
Community Workforce Agreements as “Rules”: ODOT Must Follow Oregon APA Notice-and-Comment Procedures Introduction This case, Oregon-Columbia Chapter AGC of America v. Department of Transportation...
Ensuring Valid Waiver of Right to Counsel: New Remand Standard in State v. Cotter

Ensuring Valid Waiver of Right to Counsel: New Remand Standard in State v. Cotter

Date: Apr 11, 2025
Ensuring Valid Waiver of Right to Counsel: New Remand Standard in State v. Cotter Introduction State v. Cotter, 373 Or 381 (2025), is a landmark decision by the Supreme Court of Oregon concerning a...
Clarifying the Contribution Bar under ORS 465.480(4)(a): Settlement of the Same Environmental Claim Required to Extinguish Contribution Rights

Clarifying the Contribution Bar under ORS 465.480(4)(a): Settlement of the Same Environmental Claim Required to Extinguish Contribution Rights

Date: Apr 11, 2025
Clarifying the Contribution Bar under ORS 465.480(4)(a): Settlement of the Same Environmental Claim Required to Extinguish Contribution Rights Introduction Continental Casualty Co. v. Argonaut Ins....
Director-Approved Language Determines Insurers’ Compliance with ORS 746.290(2)

Director-Approved Language Determines Insurers’ Compliance with ORS 746.290(2)

Date: Apr 4, 2025
Director-Approved Language Determines Insurers’ Compliance with ORS 746.290(2) 1. Introduction This commentary examines the Oregon Supreme Court’s decision in Bellshaw v. Farmers Insurance Company of...
Premium-Price and Illegal-Product UTPA Theories Free from Reliance Requirement – Bohr v. Tillamook County Creamery

Premium-Price and Illegal-Product UTPA Theories Free from Reliance Requirement – Bohr v. Tillamook County Creamery

Date: Apr 4, 2025
Premium-Price and Illegal-Product UTPA Theories Free from Reliance Requirement – Bohr v. Tillamook County Creamery Introduction In Bohr v. Tillamook County Creamery Assn., 373 Or 343 (2025), the...
Gilbert / March v. Dept. of Energy: Jurisdiction and Contested Case Standards for Amending Energy Facility Site Certificates

Gilbert / March v. Dept. of Energy: Jurisdiction and Contested Case Standards for Amending Energy Facility Site Certificates

Date: Mar 28, 2025
Gilbert / March v. Dept. of Energy: Jurisdiction and Contested Case Standards for Amending Energy Facility Site Certificates Introduction In Gilbert / March v. Department of Energy, 373 Or 289...
Clarifying Double Jeopardy Protections in Indistinct Indictments: Oregon Supreme Court's Decision in State v. Dodge

Clarifying Double Jeopardy Protections in Indistinct Indictments: Oregon Supreme Court's Decision in State v. Dodge

Date: Jan 23, 2025
Clarifying Double Jeopardy Protections in Indistinct Indictments: Oregon Supreme Court's Decision in State of Oregon v. Dodge Introduction In the landmark case of State of Oregon v. Darron Duane...
Interpretation of ORS 144.103: Individual Count-Based Post-Prison Supervision Terms Affirmed by Oregon Supreme Court

Interpretation of ORS 144.103: Individual Count-Based Post-Prison Supervision Terms Affirmed by Oregon Supreme Court

Date: Jan 17, 2025
Interpretation of ORS 144.103: Individual Count-Based Post-Prison Supervision Terms Affirmed by Oregon Supreme Court Introduction In the landmark case of Randall J. Kragt v. Board of Parole and...
Assessing Consent Under Oregon Law: State v. Chance Neal Wallace

Assessing Consent Under Oregon Law: State v. Chance Neal Wallace

Date: Dec 18, 2024
Assessing Consent Under Oregon Law: State v. Chance Neal Wallace Introduction State of Oregon v. Chance Neal Wallace (373 Or. 122, 2024) represents a significant judicial determination concerning the...
Oregon Supreme Court Affirms Civil Forfeiture Does Not Trigger Double Jeopardy Clause

Oregon Supreme Court Affirms Civil Forfeiture Does Not Trigger Double Jeopardy Clause

Date: Nov 26, 2024
Oregon Supreme Court Affirms Civil Forfeiture Does Not Trigger Double Jeopardy Clause Introduction In the landmark case of Yamhill County v. Real Property Commonly Known as 11475 N.W. Pike Road, the...
Oregon Supreme Court Reinforces Totality-of-Circumstances Approach for "Reasonable Efforts" in Juvenile Dependency Cases

Oregon Supreme Court Reinforces Totality-of-Circumstances Approach for "Reasonable Efforts" in Juvenile Dependency Cases

Date: Nov 8, 2024
Oregon Supreme Court Reinforces Totality-of-Circumstances Approach for "Reasonable Efforts" in Juvenile Dependency Cases Introduction The case of In the Matter of A. H., a Child addressed critical...
ORCP 59 E Jury Instruction Violations Constitute Plain Error: Oregon Supreme Court Establishes New Precedent

ORCP 59 E Jury Instruction Violations Constitute Plain Error: Oregon Supreme Court Establishes New Precedent

Date: Nov 8, 2024
ORCP 59 E Jury Instruction Violations Constitute Plain Error: Oregon Supreme Court Establishes New Precedent Introduction In the landmark case State of Oregon v. Matthew Ryan Wiltse (373 Or. 1), the...
Clarifying the Admissibility of Other Acts Evidence under Oregon Evidentiary Rules: State v. Thomas Alan Davis, Jr.

Clarifying the Admissibility of Other Acts Evidence under Oregon Evidentiary Rules: State v. Thomas Alan Davis, Jr.

Date: Jul 26, 2024
Clarifying the Admissibility of Other Acts Evidence under Oregon Evidentiary Rules: State of Oregon v. Thomas Alan Davis, Jr. Introduction In the landmark decision of State of Oregon v. Thomas Alan...
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