Oregon Case Commentaries

Judicial Estoppel Requires Demonstrable Benefit: Analysis of HAMPTON TREE FARMS, INC. v. JEWETT

Date: Mar 31, 1995

Judicial Estoppel Requires Demonstrable Benefit: Analysis of HAMPTON TREE FARMS, INC. v. JEWETT Introduction HAMPTON TREE FARMS, INC. v. JEWETT is a significant judicial decision rendered by the...

Implied Duty of Good Faith in Contractual Foreclosure: Insights from Uptown Heights v. Seafirst Corp.

Date: Mar 31, 1995

Implied Duty of Good Faith in Contractual Foreclosure: Insights from Uptown Heights v. Seafirst Corp. Introduction The case Uptown Heights Associates Limited Partnership v. Seafirst Corporation,...

Supremacy of Written Quitclaim Deeds Under the Parol Evidence Rule: ABERCROMBIE v. HAYDEN CORP.

Date: Dec 14, 1994

Supremacy of Written Quitclaim Deeds Under the Parol Evidence Rule: ABERCROMBIE v. HAYDEN CORP. Introduction In ABERCROMBIE v. HAYDEN CORP., the Oregon Supreme Court addressed critical issues...

Deference to Agency Rule Interpretation Affirmed in Oregon Supreme Court's DON’T WASTE OREGON COMMITTEE v. EFSC Decision

Date: Oct 28, 1994

Deference to Agency Rule Interpretation Affirmed in Oregon Supreme Court's DON’T WASTE OREGON COMMITTEE v. EFSC Decision Introduction The case DON’T WASTE OREGON COMMITTEE and Lloyd K. Marbet v....

State v. Cunningham: Upholding Death Sentence and Clarifying Lesser-Included Offense Instructions in Oregon

Date: Sep 10, 1994

State v. Cunningham: Upholding Death Sentence and Clarifying Lesser-Included Offense Instructions in Oregon Introduction State of Oregon v. Clinton Wendell Cunningham (320 Or. 47) is a pivotal case...

Kuhl v. Northwest Farm Bureau Insurance Co.: Defining Insurer's Duty in Malicious Prosecution Cases

Date: Jul 30, 1994

Kuhl v. Northwest Farm Bureau Insurance Co.: Defining Insurer's Duty in Malicious Prosecution Cases Introduction The case of Kuhl v. Northwest Farm Bureau Insurance Company is a pivotal decision by...

Establishing Venue Through Circumstantial Evidence: STATE v. CERVANTES

Date: Jul 6, 1994

Establishing Venue Through Circumstantial Evidence: STATE v. CERVANTES Introduction State of Oregon v. Antonio Mendoza Cervantes is a pivotal case decided by the Oregon Supreme Court on July 5, 1994....

Limitation on New Constitutional Claims in Post-Conviction Relief: PALMER v. STATE OF OREGON

Date: Feb 26, 1994

Limitation on New Constitutional Claims in Post-Conviction Relief: PALMER v. STATE OF OREGON Introduction Wayne B. PALMER v. STATE OF OREGON is a pivotal case decided by the Oregon Supreme Court on...

Discovery Rule Applied to Medical Negligence: GASTON v. PARSONS

Date: Feb 23, 1994

Discovery Rule Applied to Medical Negligence: GASTON v. PARSONS Introduction The Oregon Supreme Court, in GASTON v. PARSONS, 318 Or. 247 (1994), addressed a pivotal issue in medical negligence...

NELSON v. EMERALD PEOPLE'S UTILITY DISTrict: Reinforcing Standards for Issue Preclusion and Punitive Damages in Civil Rights Litigation

Date: Jan 19, 1994

NELSON v. EMERALD PEOPLE'S UTILITY DISTrict: Reinforcing Standards for Issue Preclusion and Punitive Damages in Civil Rights Litigation Introduction NELSON v. EMERALD PEOPLE'S UTILITY DISTrict, 318...

Oregon Supreme Court Affirms Employee Rights to Utilize Accrued Sick Leave During Parental Leave under ORS 659.360(3)

Date: Oct 20, 1993

Oregon Supreme Court Affirms Employee Rights to Utilize Accrued Sick Leave During Parental Leave under ORS 659.360(3) Introduction In the landmark case of Portland General Electric Company v. Bureau...

Reasonable Suspicion and Officer Safety in STATE v. EHLY: Establishing New Precedents

Date: Jul 2, 1993

Reasonable Suspicion and Officer Safety in STATE v. EHLY: Establishing New Precedents Introduction State of Oregon v. Joseph Elwood Ehly (317 Or. 66) is a landmark decision by the Oregon Supreme...

Consent Validity Post-Federal Warrant: Analysis of STATE v. RODRIGUEZ

Date: Jul 2, 1993

Consent Validity Post-Federal Warrant: Analysis of STATE v. RODRIGUEZ Introduction State of Oregon v. Wilfredo Rodriguez (317 Or. 27, 1993) is a seminal decision by the Oregon Supreme Court that...

Oregon Supreme Court Limits Custodial Duty in Negligence Claims: Emphasis on Foreseeability and Special Relationship

Date: Jun 5, 1993

Oregon Supreme Court Limits Custodial Duty in Negligence Claims: Emphasis on Foreseeability and Special Relationship Introduction The case of Albert Buchler, Personal Representative for the Estate of...

Landmark Decision on Statute of Limitations in Legal Malpractice: STEVENS v. BISPHAM

Date: May 14, 1993

Landmark Decision on Statute of Limitations in Legal Malpractice: STEVENS v. BISPHAM Introduction STEVENS v. BISPHAM is a pivotal 1993 decision by the Oregon Supreme Court that redefined the...

Oregon Supreme Court Establishes Key Precedents in Aggravated Murder Convictions and Death Penalty Procedures – State v. Langley

Date: Jan 27, 1993

Oregon Supreme Court Establishes Key Precedents in Aggravated Murder Convictions and Death Penalty Procedures – State v. Langley Introduction In the landmark case of State of Oregon v. Robert Paul...

Admissibility of Expert Testimony on Witness Credibility: State of Oregon v. Keller

Date: Jan 23, 1993

Admissibility of Expert Testimony on Witness Credibility: State of Oregon v. Keller Introduction The case of State of Oregon v. Arthur Dudley Keller, decided by the Oregon Supreme Court on January...

ONITA PACIFIC CORP. v. TRUSTEES OF BRONSON: Negligent Misrepresentation Boundaries in Arm's-Length Negotiations

Date: Jan 1, 1993

ONITA PACIFIC CORP. v. TRUSTEES OF BRONSON: Negligent Misrepresentation Boundaries in Arm's-Length Negotiations Introduction In the landmark case of Onita Pacific Corporation v. Trustees of Charles...

Oregon Supreme Court Rules Article I, Section 14 Does Not Entitle Convicted Defendants to Bail Pending Appeals

Date: Oct 23, 1992

Oregon Supreme Court Rules Article I, Section 14 Does Not Entitle Convicted Defendants to Bail Pending Appeals Introduction In the landmark case of Roger Karl Priest v. Fred Pearce, Director of...

Interpretation of "Amount Recoverable" in Umbrella Liability Insurance Policies: Hoffman Construction Company of Alaska v. Fred S. James Co.

Date: Aug 26, 1992

Interpretation of "Amount Recoverable" in Umbrella Liability Insurance Policies: Hoffman Construction Company of Alaska v. Fred S. James Co. Introduction Hoffman Construction Company of Alaska, and...

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