A. N. A. v. Alexander
“ORCP 68 is not applicable to the assessment of attorney fees in FAPA proceedings.”
Area(s) of Law:- Attorney Fees
Dept. of Human Services v. J. S. C.
Former ORS 419B.881(6) (2021) provides that ‘[u]pon a showing of good cause, the court may at any time order that specified disclosure be denied, restricted or deferred or make such other order as is appropriate.
Area(s) of Law:- Family Law
Derby v. Columbia County
Where no special relationship exists and where there is foreseeability, a recovery for a claim of negligence or negligent infliction of emotional distress is possible.
Area(s) of Law:- Tort Law
SAIF v. Kelkay
“If a ‘facially nonspeculative idiopathic explanation [for an injury]’ is apparent on the record, . . . the claimant bears the burden of production and persuasion to show that [the] explanation is, in fact, speculative.” Sheldon v. US Bank, 364 Or 831, 847 (2019).
Area(s) of Law:- Employment Law
State v. Roskelley
When determining restitution, “the trial court may consider any evidence that it ordinarily would at sentencing hearing.” State v. Kirkland, 268 Or App 420, 425 (2015).
Area(s) of Law:- Criminal Law
State v. Ross
Under ORS 132.560(1)(b)(A) we consider factors such as the temporal proximity of the acts, similarities in the elements of the offenses, whether there will be similar evidence or evidentiary overlap, and whether the charges involve the same or similar victims. State v. Gialloreto, 301 Or. App. 585, 591, 457 P.3d 1105 (2019).
Area(s) of Law:- Criminal Procedure
Zanetti v. City of Portland
A claim for disability benefits will be denied if a record contains substantial evidence of a person's informed discovery of duty-related post-traumatic stress disorder and has not been filed in a timely manner.
Area(s) of Law:- Disability Law
Dept. of Human Services v. D. F.
Generally, an issue not preserved in the trial court will not be considered on appeal. State v. Wyatt, 331 Or. 335, 341, 15 P.3d 22 (2000)
Area(s) of Law:- Family Law
Rivera v. Perlo Construction, LLC
Palmer v. Bi-Mart Co., 92 Or. App. 470, 758 P.2d 888 (1988), holds that the exclusive remedy provided in ORS 656.018 for “injuries, diseases, symptom complexes or similar conditions arising out of and in the course of employment” does not preclude an employee from bringing an employment discrimination claim against her employer based on an injury to a separate, distinct legal right, even when the two claims arise from the same set of facts.
Area(s) of Law:- Workers Compensation
Siletz Anglers Assn. v. ODFW
State Department Fish and Wildlife (ODFW) acted within its authority in adopting temporary rules to restrict Chinook Salmon harvest and prevent overharvest.
Area(s) of Law:- Administrative Law
State v. Arena
“... a prosecutor may comment on a defendant's failure to present evidence (1) of affirmative defenses, and (2) when the defense has raised an issue on which the defendant bears the initial burden of production but fails to present any evidence.” State v. Strain, 332 Or App 79.
Area(s) of Law:- Criminal Procedure
State v. Huerta-Contreras
A warrantless arrest is permissible when “the arresting officer has probable cause to believe that the person has committed a crime.”
Area(s) of Law:- Criminal Law
State v. Palmer
“[T]here is a gradation in criminal conduct under ORS 163.205(1)(b)(D), such that there could be con-duct which is significantly different from the usual conduct under the statute.”
Area(s) of Law:- Criminal Law