Defendants Bruce Wood and Glenn Smith each executed a guaranty agreement in connection with a $6.9 million loan for a commercial real estate project. After the borrower’s successor, Caplan Landlord, LLC, defaulted on that loan, defendants failed to pay the debt under their guaranties. Plaintiff CML-OR 5th, LLC,1 a Florida limited liability company and the assignee of the underlying promissory note... More...   $0 (09-29-2015 - OR)

Judgment reversed and remanded for entry of judgment
reinstating jury’s verdict of $686,000; otherwise affirmed.
______________
* Lagesen, J., vice Wollheim, S. J.
624 Vukanovich v. Kine
Vukanovich and Kine, both real estate developers, agreed to work together
to purchase a parcel of real property from Umpqua Bank (the bank). The joint
endeavor failed, and the parties... More...   $0 (01-11-2015 - OR)

RMSTRONG, P. J. 1
This case involves a dispute between landowners about their respective 2 ownership rights in a vacated Clackamas County road--Skyland Drive. Defendants are 3 owners of lots within a platted subdivision that contained the original dedication of 4 Skyland Drive. Plaintiffs own parcels of property located across Skyland Drive from 5 defendants' lots, but plaintiffs' parcels were... More...   $0 (01-30-2014 - OR)

2 Defendant Stiglich and plaintiff Minihan are neighbors in a residential area
3 located next to the Willamette River. Plaintiff, along with several dozen other
4 homeowners not including defendant, owns an undivided interest in a narrow lot that
5 provides access to the river. The southern border of plaintiff's access lot runs along the
6 northern border of defendant's property. A... More...   $0 (10-09-2013 - OR)

2 Petitioner seeks judicial review of final orders of the Department of
3 Transportation, Driver and Motor Vehicle Services Division (DMV), that separately
4 suspended petitioner's Oregon driver license and Oregon identification card for one year
5 because petitioner knowingly gave false information when he applied for an Oregon
6 driver license, permit or identification card. See ... More...   $0 (02-13-2013 - OR)

2 Respondent Frakes,1 2 a beneficiary of the Saling Family Trust (the trust),
3 appeals the trial court's grant of summary judgment in favor of petitioners, the Carol and
4 Velma Saling Foundation (the foundation), which is another beneficiary of the trust, and
5 Nay, the trustee of the trust. The trial court concluded that the terms of the trust entitle
6 respondent to receive two... More...   $0 (12-14-2011 - OR)

2 The parties dispute ownership of a strip of land that runs parallel to
3 defendants' driveway. Plaintiff, who owns residential property adjoining that strip of
4 land, filed suit seeking (1) a declaration that he owns the disputed strip and (2) an
5 injunction prohibiting defendants from trespassing on that property. Defendants
6 counterclaimed, asserting that they acquired the d... More...   $0 (11-02-2011 - OR)

2 These two cases are before this court on certified appeals from the Court of
3 Appeals. ORS 19.405. Both cases involve the Public Employees Retirement Board's
4 (PERB or the Board) revision or reduction of benefits with respect to so-called "Window
Retirees."1 5 These cases involve the Board's efforts to recoup overpayments of benefits to
6 retirees that were predicated on a 20 p... More...   $0 (10-06-2011 - OR)

ORTEGA, P. J.
2 Defendants appeal from an order denying their petition to compel
3 arbitration of plaintiff's claims for wrongful death. ORS 36.730(1)(a). Because we
4 conclude that plaintiff is not bound by the contract containing the arbitration provision on
5 which defendants rely, we affirm.
6 We understand the following facts to be undisputed. Defendant Assisted
7 Livi... More...   $0 (08-31-2011 - OR)

Plaintiff entered into an oral course-of-construction insurance binder(1) with Country Mutual Insurance Company (defendant) through its agent, Ronald Pittman. Before receiving the written policy, plaintiff's partially built home was damaged by inclement weather. After defendant denied plaintiff's insurance claim, citing exclusions in the written policy, plaintiff filed an action against defendant.... More...   $0 (06-03-2011 - OR)

Plaintiffs appeal from a judgment regarding the boundary between their parcel and defendants' parcel. The boundary dispute arises from the existence of two possible locations for a section corner: the "BLM corner" or the "Buckingham corner."(1) The boundary between plaintiffs' and defendants' parcels depends on the corner's location, resulting in a disputed area of .12 acres. Finding for defendant... More...   $0 (06-15-2011 - OR)

Plaintiff entered into an oral course-of-construction insurance binder(1) with Country Mutual Insurance Company (defendant) through its agent, Ronald Pittman. Before receiving the written policy, plaintiff's partially built home was damaged by inclement weather. After defendant denied plaintiff's insurance claim, citing exclusions in the written policy, plaintiff filed an action against defendant.... More...   $8000000 (06-03-2011 - OR)

Petitioners appeal from a judgment of the probate court declaring that respondent's claim against the estate of Heather McIntire is valid, imposing a constructive trust over the estate's assets for the purpose of securing payment of the claim, and authorizing the personal representative of the estate to partially pay the claim. Petitioners, who are two of McIntire's heirs, argue on appeal that res... More...   $0 (03-16-2011 - OR)

In this action for legal malpractice, plaintiff(1) appeals, assigning error to the allowance of defendant's motion for summary judgment. As described below, the procedural posture is singular: After plaintiff unsuccessfully sought post-conviction relief based on defendant's alleged ineffective assistance in criminal matters, see Johnson v. Zenon, 151 Or App 349, 948 P2d 767 (1997), rev den, 326 ... More...   $0 (11-10-2010 - OR)

The principal issue in this case is whether someone who is not party to a deed may nevertheless obtain its reformation. Plaintiff contends that, when defendants acquired their property from a third party, the deed was supposed to have included an easement for her benefit. She argued that, because defendants were aware of her interest, the deed should be reformed to reflect it. The trial court a... More...   $0 (11-17-2010 - OR)

Plaintiff brought common-law claims against defendants for wrongful discharge, breach of contract, intentional infliction of emotional distress, and intentional interference with economic relations, and brought statutory claims of employment discrimination, ORS 659A.230 (whistleblowing),(1) and blacklisting, ORS 659.805.(2) This is an interlocutory appeal of an order denying defendants' motion t... More...   $0 (03-03-2010 - OR)

Plaintiff initiated this action against his former employer, defendant City of Portland, for indemnity of expenses that plaintiff incurred in defending an action that had been brought against him in federal court. The city moved for summary judgment on a variety of grounds, including that plaintiff is estopped from seeking indemnity in this case given the position that he successfully asserted in... More...   $0 (08-19-2009 - OR)

We must decide a dispute about retirement benefits.

I

Simpson Paper Company (“Simpsonâ€�) owned and operated the Evergreen Mill in West Linn, Oregon, from 1990 until 1996, when it closed for economic reasons. Plaintiffs are former workers in the mill, who retired at ages over 55 but under 65, and their dependent spouses (collectively referred to as “early retireesâ€� or “retire... More...   $0 (05-21-2009 - OR)

Plaintiff, Bresee Homes, Inc., appeals the trial court's final judgment in favor of defendant, Farmers Insurance Exchange. Plaintiff contends that the trial court erred in granting defendant's motion for summary judgment and denying its cross-motion for partial summary judgment based on the court's determination that the "products - completed operations hazard" exclusion in the insurance policy a... More...   $0 (04-22-2009 - OR)

This is a probate case in which the personal representative ordered only partial payment to a creditor, a lawyer who asserted a claim against the estate based on unpaid bills for legal services that had been provided to the decedent. The personal representative ordered only partial payment because of the existence of a competing claim of the decedent's father, which was based on a supposed agreem... More...   $0 (04-29-2009 - OR)

We must decide whether the Communications Decency Act of 1996 protects an internet service provider from suit where it undertook to remove from its website material harmful to the plaintiff but failed to do so.

I

This case stems from a dangerous, cruel, and highly indecent use of the internet for the apparent purpose of revenge.1 In late 2004, Cecilia Barnes broke off a lengthy relat... More...   $0 (05-07-2009 - OR)

The issue in this declaratory judgment proceeding is whether an insurance policy that defendant Zurich American Insurance Company provided to plaintiff provides coverage for losses caused by releases of gasoline from certain underground storage tanks located on plaintiff's property. The trial court concluded that, under the unambiguous terms of the policy, no coverage is available. Plaintiff app... More...   $0 (12-03-2008 - OR)

The plaintiff insured, as guardian ad litem for her minor son, appeals, challenging the allowance of summary judgment in favor of defendant, plaintiff's underinsured motorist (UIM) insurance carrier, as well as the trial court's denial of plaintiff's cross-motion for summary judgment. The underlying accident occurred in January 2000, and this action for declaratory relief was filed in August 2005... More...   $0 (10-29-2008 - OR)

This insurance coverage dispute involves environmental contamination that resulted from plaintiffs' dismantling of navy and merchant marine vessels at a site along the Willamette River. Plaintiff ZRZ Realty owns that site, known as the "Moody Avenue site." The other plaintiffs conducted operations at the site or are successors-in-interest to prior site operators. We refer to plaintiffs collectivel... More...   $0 (10-01-2008 - OR)

This case is before us for the second time, following a remand by the Supreme Court to the trial court for further proceedings. At issue is whether a determination in arbitration between plaintiff, who was injured in an automobile accident, and her personal injury protection (PIP) insurance provider should have been given preclusive effect in a subsequent personal injury action between plaint... More...   $0 (09-05-2007 - OR)

The issue arises in prosaic ci... More...   $0 (05-31-2006 - OR)

Melinda Benton ("plaintiff") is a professor at a community college in Oregon. She holds... More...   $0 (08-30-2005 - OR)