Oregon Case Commentaries

Oregon Supreme Court Reinforces Admissibility of 'Other Acts' Evidence in Child Sexual Abuse Cases

Date: Mar 20, 2015

Oregon Supreme Court Reinforces Admissibility of 'Other Acts' Evidence in Child Sexual Abuse Cases Introduction The case of State of Oregon v. Shawn Gary Williams addressed the contentious issue of...

Clarifying 'Reasonable Diligence': Oregon Supreme Court's Interpretation of Employer Liability under OSEA

Date: Dec 27, 2014

Clarifying 'Reasonable Diligence': Oregon Supreme Court's Interpretation of Employer Liability under OSEA Introduction In the landmark case of Oregon Occupational Safety & Health Division v. CBI...

Oregon Supreme Court Establishes Cable Television and Internet Access as Data Transmission Services Under ORS 308.515

Date: Oct 3, 2014

Oregon Supreme Court Establishes Cable Television and Internet Access as Data Transmission Services Under ORS 308.515 Introduction In Comcast Corporation v. Department of Revenue, 356 Or. 282 (2014),...

Enhancing the 'Exploitation' Analysis: Oregon Supreme Court's Landmark Decision in State v. Unger

Date: Aug 29, 2014

Enhancing the 'Exploitation' Analysis: Oregon Supreme Court's Landmark Decision in State v. Unger Introduction In State of Oregon v. Unger, 333 P.3d 1009 (Oregon Supreme Court, 2014), the Supreme...

Establishing Reasonable Suspicion Through Collective Knowledge and Officer Observation: State of Oregon v. Holdorf

Date: Aug 8, 2014

Establishing Reasonable Suspicion Through Collective Knowledge and Officer Observation: State of Oregon v. Holdorf Introduction State of Oregon v. John Leonard Holdorf, Jr. is a pivotal case decided...

Reaffirming Corroboration Requirements and Courtroom Security in STATE v. Washington (330 P.3d 596)

Date: Jun 20, 2014

Reaffirming Corroboration Requirements and Courtroom Security in STATE v. Washington (330 P.3d 596) Introduction STATE of Oregon v. Michael Spencer Washington Jr., decided by the Supreme Court of...

Establishing the Scope of Summary Judgment in Negligence and Strict Liability Claims

Date: May 9, 2014

Establishing the Scope of Summary Judgment in Negligence and Strict Liability Claims Introduction The case of Linda Two Two and Patricia Fodge v. Fujitec America, Inc. addresses pivotal issues...

Affirmation of Felony-Murder Conviction: Causal Connection and Jury Instruction Standards in STATE v. SERRANO

Date: Apr 18, 2014

Affirmation of Felony-Murder Conviction: Causal Connection and Jury Instruction Standards in STATE v. SERRANO Introduction State of Oregon v. Ricardo Serrano, 324 P.3d 1274 (Or. 2014), serves as a...

STATE v. MONTEZ: Affirmation of Adequate Assistance of Counsel in Capital Sentencing

Date: Mar 21, 2014

STATE v. MONTEZ: Affirmation of Adequate Assistance of Counsel in Capital Sentencing Introduction In Marco Antonio Montez v. Stanley Czerniak, Superintendent, Oregon State Penitentiary, the Supreme...

ORCP 59 H Does Not Bar Plain Error Review: Comprehensive Commentary on State v. Vanornum

Date: Dec 28, 2013

ORCP 59 H Does Not Bar Plain Error Review: Comprehensive Commentary on State of Oregon v. Vanornum Introduction State of Oregon v. Ian George Vanornum is a pivotal case decided by the Supreme Court...

Clarification of 'Any Evidence' Standard in Juvenile Wardship Decisions: Department of Human Services v. N.P. (257 Or. App. 633)

Date: Jul 25, 2013

Clarification of 'Any Evidence' Standard in Juvenile Wardship Decisions: Department of Human Services v. N.P. (257 Or. App. 633) Introduction The case of In the Matter of T.P., a Child. Department of...

Seizure of a Person within the Home Context: Establishing Law Enforcement Boundaries in Fair v. State of Oregon

Date: Jun 1, 2013

Seizure of a Person within the Home Context: Establishing Law Enforcement Boundaries in Fair v. State of Oregon Introduction The case of State of Oregon v. Natasha Larae Fair revolves around the...

STATE v. BACKSTRAND: Defining ‘Seizure’ in Police Identification Requests under Oregon's Constitution

Date: Jan 8, 2013

STATE v. BACKSTRAND: Defining ‘Seizure’ in Police Identification Requests under Oregon's Constitution Introduction State of Oregon v. Steven Nicholas Backstrand, 354 Or. 392 (2013) represents a...

Revising Eyewitness Identification Admissibility: Insights from STATE of Oregon v. Lawson and James

Date: Nov 30, 2012

Revising Eyewitness Identification Admissibility: Insights from STATE of Oregon v. Lawson and James Introduction In the landmark decision of STATE of Oregon v. Lawson and James (352 Or. 724), the...

Oregon Supreme Court Clarifies Admissibility of Prior Misconduct Evidence Under OEC 404(3)

Date: Oct 19, 2012

Oregon Supreme Court Clarifies Admissibility of Prior Misconduct Evidence Under OEC 404(3) Introduction In State of Oregon v. Douglas Leroy Pitt, decided on October 18, 2012, the Oregon Supreme Court...

Severability and Conditional Effectiveness in Campaign Finance Law: Insights from HAZELL v. BROWN

Date: Oct 5, 2012

Severability and Conditional Effectiveness in Campaign Finance Law: Insights from HAZELL v. BROWN Introduction The case of HAZELL v. BROWN, adjudicated by the Supreme Court of Oregon in 2012,...

Discovery Rule Applied to Legal Malpractice Claims: Darell Kaseberg v. Davis Wright Tremaine, LLP

Date: Nov 11, 2011

Discovery Rule Applied to Legal Malpractice Claims: Darell Kaseberg v. Davis Wright Tremaine, LLP Introduction Darell Kaseberg v. Davis Wright Tremaine, LLP is a landmark case adjudicated by the...

ORS 138.050 Limits Appellate Jurisdiction to Statutory Maximums: Due Process Claims Insufficient

Date: Sep 23, 2011

ORS 138.050 Limits Appellate Jurisdiction to Statutory Maximums: Due Process Claims Insufficient Introduction Petitioner on Re v. EW (351 Or. 68), decided by the Oregon Supreme Court on September 22,...

Clarifying Affirmative Defense Pleadings in Comparative Negligence: A Commentary on LASLEY v. COMBINED TRANSPort, Inc.

Date: Sep 23, 2011

Clarifying Affirmative Defense Pleadings in Comparative Negligence: A Commentary on LASLEY v. COMBINED TRANSPort, Inc. Introduction LASLEY v. COMBINED TRANSPort, Inc. is a pivotal 2011 decision by...

Stare Decisis and Insurance Policy Exclusions: Farmers Insurance Co. of Oregon v. Mowry

Date: Sep 10, 2011

Stare Decisis and Insurance Policy Exclusions: Farmers Insurance Co. of Oregon v. Mowry Introduction In the landmark case of Farmers Insurance Company of Oregon v. Mowry, the Supreme Court of Oregon...