Borough v. Caldwell
鈥淸A] plaintiff who has won or lost a declaratory judgment action 鈥榤ay * * * bring a subsequent action for other relief, subject to the constraint of the determinations made in the declaratory action,鈥 because 鈥榓 declaratory action determines only what it actually decides and does not have a claim preclusive effect on other contentions that might have been advanced.鈥欌 Restatement (Second) of Judgments 搂33 comment c (鈥淓ffects as to matters not declared鈥); see also Andrew Robinson Int鈥檒, Inc. v. Hartford Fire Ins. Co., 547 F3d 48, 56 (1st Cir 2008).
Area(s) of Law:- Trusts and Estates
Harcourts Integrity Team Real Estate Services LLC v. Ralph
鈥淎 trial court is required to 鈥榤ake special findings of fact and state its conclusions of law on the record regarding the issues material to the award or denial of attorney fees鈥 where a party makes a request by 鈥榠ncluding a request for findings and conclusions in the caption of the statement of attorney fees or cots and disbursements, objection, or response filed pursuant to鈥 ORCP 68.鈥 Harcourts Integrity Team Real Estate Services LLC. v. Ralph, 497 P3d 1253 (Or. App. 2021).
Area(s) of Law:- Civil Procedure
Mendoza v. Xtreme Truck Sales, LLC
If a plaintiff rejects a defendant鈥檚 offer of judgment and then 鈥渇ails to obtain a judgment more favorable than the offer,鈥 the defendant, and not the plaintiff, is entitled to costs and fees. See generally Mathis v. St. Helens Auto Center, Inc., 367 Or 437, 448-50, 478 P3d 946 (2020).
Area(s) of Law:- Civil Procedure
Riverbend Landfill Co. v. Yamhill County
A LUBA order is unlawful in substance 鈥渋f it represent[s] a mistaken interpretation of the applicable law.鈥 Mountain West Investment Corp. v. City of Silverton,175 Or App 556, 559, 30 P3d 420 (2001).
Area(s) of Law:- Land Use
SAIF v. Blankenship
An injury is compensable under ORS 656.005(a) if it 鈥渁rises out and in the course of the employment." 鈥淎n injury 鈥榓rises out of鈥 the employment if it arises from the nature of the claimant鈥檚 work or from a risk to which the work environment exposes the worker.鈥 Fred Meyer, Inc., v. Hayes, 325 Or 592, 598 (1997).
Area(s) of Law:- Workers Compensation
SAIF v. Chavez-Cordova
鈥淧ersonal risks are risks that have no employment connection and that arise from conditions or circumstances that are personal to the worker. Sheldon v. U. S. Bank, 364 Or 831, 834 (2019).
Area(s) of Law:- Workers Compensation
Smith v. Dept. of Corrections
鈥淸I]t is not this court鈥檚 function to speculate as to what a party鈥檚 argument might be [or] to make or develop a party鈥檚 argument when that party has not endeavored to do so itself.鈥 Beall Transport Equipment Co. v. Souther Pacific, 186 Or App 696, 700-01 n 2, 64 P3d 1193, adh鈥檇 to as clarified on recons, 187 Or App 472, 68 P3d 259 (2003).
Area(s) of Law:- Civil Procedure
State v. C. V.-I.
ORS 426.307(6) allows a court to continue a person's involuntary commitment if the court determines that "the individual is still a person with mental illness by clear and convincing evidence and is in need of further treatment." The state must prove that the person is "unable to provide for his or her basic personal needs in a way that leaves the person at a non speculative risk of 'serious physical harm' . . . in the near future."听 State v. M.A.E., 299 Or App 231, 240 (2019).听
Area(s) of Law:- Civil Commitment
Dept. of Human Services v. D. F. R. M.
Under ORS 419B.368, the party seeking to terminate parental rights must show, by way of clear and convincing evidence, that the termination of parental rights is in the best interest of the child.
Area(s) of Law:- Juvenile Law
Oregon Restaurant and Lodging Assn. v. City of Bend
Under ORS 320.350, a local government 鈥渕ay not decrease the percentage of total local transient lodging tax revenues that are actually expended to fund tourism promotion or tourism-related facilities on or after July 2, 2003.鈥
Area(s) of Law:- Tax Law
State v. Butler
When a defendant repeatedly creates new profiles shortly after being blocked by a victim, and the content of the messages posted by those profiles could lead to the inference that it was more likely than not that defendant was attempting to contact the victim, the conduct likely amounts to contact for purposes of conditions of no-contact. See State v. Crombie, 267 Or App 705, 711, 341 P3d 841 (2014).
Area(s) of Law:- Criminal Law
Gala v. Board of Chiropractic Examiners
Final order of the Board of Chiropractic Examiners not overturned where the Board's determinations were supported by substantial evidence and not legally erroneous.
Area(s) of Law:- Administrative Law
Merrick v. City of Portland
An order that makes the determination of a third-party binding does not absolve a trial court of further responsibility in resolving a matter. Under ORS 192.431(3), the determination of a third-party made binding by a trial court is a permissible basis upon which to determine the prevailing party for purposes of awarding attorney's fees.
Area(s) of Law:- Alternative Dispute Resolution
State v. Jackson
Under ORS 161.067(1), merger is required when elements of one offense are subsumed by another.
Area(s) of Law:- Criminal Law
State v. Jackson
ORS 161.067 prevents merger when two or more provisions of criminal law are violated, and each provision necessitates proof of an additional element that the others do not.
Area(s) of Law:- Criminal Law
State v. S.E.
Under听State v. K.S., 223 Or App 476 (2008), a court need not wait for a person to physically harm anyone 鈥渂efore finding [that person] to be a danger to others.鈥
Area(s) of Law:- Civil Commitment