Oregon Supreme Court (1 summary)
In re McCarthy
A 90-day suspension from the practice of law is an appropriate sanction for an attorney who has been found to have knowingly violated RPC 1.1, RPC 1.4(a), RPC 1.4(b), RPC 1.15-1(c).
Area(s) of Law:- Professional Responsibility
Oregon Court of Appeals (13 summaries)
State v. Burton
In cases litigated prior to State v. Mills, 354 Or 350 (2013), a defendant may challenge venue through a motion for judgment of acquittal.
Area(s) of Law:- Criminal Law
State v. Hikes
A trial court may take into account a defendant’s attitude at sentencing, as well as his extensive criminal history when determining eligibility for sentence modification programs.
Area(s) of Law:- Sentencing
State v. Wolf
The “place of residence” exception to ORS 166.250 includes temporary residences and areas outside of residential structures.
Area(s) of Law:- Criminal Law
Brown and Brown
When reviewing spousal support amounts in settlement agreements not incorporated into a stipulated judgment courts should consider whether the agreement is just and equitable not whether it violates public policy.
Area(s) of Law:- Family Law
State v. Dorsey
A Defendant may only be required to pay restitution for pecuniary damages for criminal activity when he or she has been convicted or has admitted to the crime.
Area(s) of Law:- Sentencing
State v. Wallace
A defendant represented by court appointed counsel shall not be ordered to pay attorney fees unless it can be determined that the defendant may be able to pay them.
Area(s) of Law:- Attorney Fees
Cascade Physical Therapy v. Hartford Casualty Ins.
OAR 436-009-0040(1) sets a maximum for fees paid for medical services of injured workers, and is not intended to prevent parties from agreeing on a lower rate than would normally be paid under the fee schedule.
Area(s) of Law:- Insurance Law
State v. Riley
In order for hearsay statements to be admitted under OEC 803(18a)(b), a notice of intent must adequately identify the substance of the evidence introduced and the witness or the method by which the statements will be introduced.
Area(s) of Law:- Evidence
Spain v. Jones
The Yowell doctrine precludes a grant of summary judgment on common law negligence claims, and premises-liability claims when a genuine issue of material fact exists.
Area(s) of Law:- Civil Procedure
State v. Sewell
Evidence may be admitted at trial if its probative value is not substantially outweighed by the potential of unfair prejudice towards the Defendant.
Area(s) of Law:- Evidence
State of Oregon v. Jeffery Dean Beagley
A parent has an absolute duty to provide medical care to a child, and that once a reasonable person should know that there is a substantial risk that a child will die without medical care, the parent must provide that care, or allow it to be provided.
Area(s) of Law:- Criminal Law
State v. Beagley
A parent has an absolute duty to provide medical care to their child, and once a reasonable person would know that there is a substantial risk that a child will die without medical care, the parent must provide medical care, or allow medical care to be administered.
Area(s) of Law:- Criminal Law
Paton v. American Family Mutual Ins. Co
An insurance company's express consent to the arbitration process suffices to "formally institute" arbitration proceedings under ORS 742.504(12)(a)(B).
Area(s) of Law:- Insurance Law