Oregon Court of Appeals (13 summaries)
Pearson v. Phillip Morris, Inc.
When individuals and other putative class members suffer ascertainable losses and those losses can be litigated based on evidence common throughout the class, class certification may be appropriate.
Area(s) of Law:- Civil Procedure
State v. Jones
Harmless error results when evidence of prior bad acts is admitted but specifically not used in forming the basis of the verdict.
Area(s) of Law:- Evidence
State v. Painter
Admission of evidence that is qualitatively different than the evidence the jury was required to hear on a direct issue of the case causes harmful error.
Area(s) of Law:- Evidence
State v. Roberts
A plea of no contest to a municipal violation constitutes a conviction for purposes of expunction under ORS 137.225(5)(e)
Area(s) of Law:- Post-Conviction Relief
State v. Hemenway
When considering equitable factors to determine whether a vacatur is an appropriate remedy, the factor that a party caused the mootness by their own involuntary action, such as death during an appeal, should weigh in favor of vacatur.
Area(s) of Law:- Civil Procedure
State v. Johnson
Under ORS 138.690, a criminal defendant lacks the right to appeal a trial court's order dismissing his motion requesting DNA evidence.
Area(s) of Law:- Appellate Procedure
Oregon Education Association v. Parks
Under ORS 31.150(3), the reasonable juror standard is sufficient to satisfy a court's conclusion that there was enough evidence to support a prima facie case.
Area(s) of Law:- Civil Procedure
State v. Richardson
The state-of-mind exception to the hearsay rule, OEC 803(3), does not allow for the admission into evidence of statements displaying a persons recollection of past intent and their subsequent current conclusions based on that intent.
Area(s) of Law:- Evidence
State v. Ordner
A motion to suppress evidence is properly denied when the record sufficiently establishes that a police officer had probable cause for a traffic stop.
Area(s) of Law:- Criminal Procedure
State v. Choat
For a defendant to challenge the imposition of a compensatory fine on appeal, it must have been procedurally raised at the trial level for the court to evaluate the claim.
Area(s) of Law:- Appellate Procedure
Blachana, LLC v. Bureau of Labor and Industries
The administrative interpretation of "successor to the business of any employer" under the definition "employer" within ORS 652.310(1) should be interpreted as a party that has assumed or conferred upon it the legal rights and obligations of the predecessor.
Area(s) of Law:- Administrative Law
Wagner v. Jeld Wen
When establishing a compensable injury under ORS 656.005(7)(a), the claimant must show that his actual injury originated from a work related incident and this incident caused him to seek medical attention.
Area(s) of Law:- Workers Compensation
Rudell v. City of Bandon
A city may rely on Webster's Dictionary to define the scope of "foredune", and such interpretation is not inconsistent with the Bandon Municipal Code. Also, under ORS 197.307(6) (2009) and ORS 227.173(1), the definition, as interpreted by the city, must be sufficiently clear and objective.
Area(s) of Law:- Land Use