Oregon Case Commentaries

Conversion Liability under Restatement (Second) of Torts §222A: Oregon Court of Appeals Establishes Comprehensive Jury Instruction Standards

Date: Mar 14, 2003

Conversion Liability under Restatement (Second) of Torts §222A: Oregon Court of Appeals Establishes Comprehensive Jury Instruction Standards Introduction The case of Beall Transport Equipment Co. v....

Reevaluation of Evidentiary Standards and Error Appraisal: State of Oregon v. Joseph Andrew Jury

Date: Nov 21, 2002

Reevaluation of Evidentiary Standards and Error Appraisal: State of Oregon v. Joseph Andrew Jury Introduction The case of State of Oregon v. Joseph Andrew Jury (185 Or. App. 132, 2002) presents a...

Civil Forfeiture and Double Jeopardy: Insights from State of Oregon v. Selness/Miller

Date: Sep 20, 2002

Civil Forfeiture and Double Jeopardy: Insights from State of Oregon v. Selness/Miller Introduction In State of Oregon v. Selness/Miller (334 Or. 515, 2002), the Oregon Supreme Court addressed a...

Oregon Supreme Court Clarifies 'Public Duty' Exception in Wrongful Discharge and Sets Standards for Intentional Infliction of Severe Emotional Distress

Date: Feb 23, 2002

Oregon Supreme Court Clarifies 'Public Duty' Exception in Wrongful Discharge and Sets Standards for Intentional Infliction of Severe Emotional Distress Introduction In the case of Kenneth Babick,...

Defense Counsel's Duty to Investigate Alibi Defense: Insights from LICHAU v. BALDWIN

Date: Feb 15, 2002

Defense Counsel's Duty to Investigate Alibi Defense: Insights from LICHAU v. BALDWIN Introduction The Oregon Supreme Court's decision in Daniel David Lichau v. G.H. Baldwin serves as a seminal case...

Clarifying Standards for Parental Unfitness and Child Detriment in Termination Proceedings: Insights from State ex rel SOSCF v. Stillman

Date: Dec 21, 2001

Clarifying Standards for Parental Unfitness and Child Detriment in Termination Proceedings: Insights from State ex rel SOSCF v. Stillman Introduction The landmark case of State ex rel SOSCF v....

Reaffirming Contract Modifications: Bennett v. Farmers Insurance Co.

Date: Jun 2, 2001

Reaffirming Contract Modifications: Bennett v. Farmers Insurance Co. Introduction In Bennett v. Farmers Insurance Company of Oregon, the Oregon Supreme Court addressed significant issues surrounding...

Exclusive Remedy Provisions Unconstitutional Under Oregon's Remedy Clause: SMOTHERS v. GRESHAM TRANSFER, INC.

Date: May 11, 2001

Exclusive Remedy Provisions Unconstitutional Under Oregon's Remedy Clause: SMOTHERS v. GRESHAM TRANSFER, INC. Introduction SMOTHERS v. GRESHAM TRANSFER, INC. is a landmark decision by the Oregon...

Affirmation of OMIA's Constitutionality in Outdoor Media Dimensions Inc. v. Oregon State

Date: Mar 9, 2001

Affirmation of OMIA's Constitutionality in Outdoor Media Dimensions Inc. v. Oregon State Introduction In the landmark case of Outdoor Media Dimensions Inc. v. Oregon State, the Oregon Supreme Court...

Ensuring Specificity and Unanimity in Aggravated Murder Indictments: Analysis of State v. Lotches

Date: Dec 30, 2000

Ensuring Specificity and Unanimity in Aggravated Murder Indictments: Analysis of State v. Lotches Introduction State of Oregon v. Ernest Noland Lotches, 331 Or. 455 (2000), is a pivotal decision by...

Preservation of Issues in Discovery Sanctions: Insights from State of Oregon v. Wyatt

Date: Dec 2, 2000

Preservation of Issues in Discovery Sanctions: Insights from State of Oregon v. Wyatt Introduction State of Oregon v. Ralph Adrian Wyatt is a pivotal case decided by the Oregon Supreme Court on...

Recognition of Same-Sex Sexual Harassment Claims under ORS 659.030: Harris v. Pameco Corporation

Date: Oct 5, 2000

Recognition of Same-Sex Sexual Harassment Claims under ORS 659.030: Harris v. Pameco Corporation Introduction In Mark Steven Harris v. Pameco Corporation, adjudicated by the Oregon Court of Appeals...

Oregon Supreme Court Establishes Single Statutory Violation in Aggravated Murder Sentencing

Date: Sep 15, 2000

Oregon Supreme Court Establishes Single Statutory Violation in Aggravated Murder Sentencing Introduction In the landmark case State of Oregon v. Jacob Barrett, the Oregon Supreme Court addressed the...

Rogers v. Oregon: Retroactive Sentencing Options and Protecting Allocution Rights in Death Penalty Cases

Date: May 5, 2000

Rogers v. Oregon: Retroactive Sentencing Options and Protecting Allocution Rights in Death Penalty Cases Introduction Rogers v. State of Oregon is a pivotal case adjudicated by the Oregon Supreme...

ERB's Exclusive Jurisdiction Over Unfair Labor Practices Affirmed in Ahern v. Oregon Public Employees Union

Date: Oct 16, 1999

ERB's Exclusive Jurisdiction Over Unfair Labor Practices Affirmed in Ahern v. Oregon Public Employees Union Introduction In the landmark case of Michael Ahern, Respondent, v. Oregon Public Employees...

Affirmed: Oregon Supreme Court Upholds Death Sentences in Barone v. State, Reinforcing Procedural and Evidentiary Standards

Date: Jul 30, 1999

Affirmed: Oregon Supreme Court Upholds Death Sentences in Barone v. State, Reinforcing Procedural and Evidentiary Standards Introduction In the landmark case of State of Oregon v. Cesar Francesco...

Joint Tortfeasor Liability of Attorneys in Corporate Fiduciary Breaches: GRANEWICH v. HARDING

Date: Jul 10, 1999

Joint Tortfeasor Liability of Attorneys in Corporate Fiduciary Breaches: GRANEWICH v. HARDING Introduction In the landmark case of GRANEWICH v. HARDING, the Oregon Supreme Court addressed the complex...

Clarification of OEC 401 Relevance Determination and Harmless Error Analysis in Impeachment Evidence: State v. Titus

Date: May 21, 1999

Clarification of OEC 401 Relevance Determination and Harmless Error Analysis in Impeachment Evidence: State v. Titus Introduction The case of State of Oregon v. Tracey Mack Titus (328 Or. 475)...

Constitutionality of Oregon's Stalking Statute Affirmed: State of Oregon v. Rangel (1999)

Date: Feb 27, 1999

Constitutionality of Oregon's Stalking Statute Affirmed: State of Oregon v. Rangel (1999) Introduction State of Oregon v. Eduardo Tinoco Rangel is a pivotal case adjudicated by the Oregon Supreme...

Affirmation of Death Sentence in STATE OF OREGON v. MATTHEW DWIGHT THOMPSON: Legal Principles and Implications

Date: Feb 5, 1999

Affirmation of Death Sentence in STATE OF OREGON v. MATTHEW DWIGHT THOMPSON: Legal Principles and Implications Introduction In the case of State of Oregon v. Matthew Dwight Thompson, 328 Or. 248...