Oregon Homeowners Association Law

<h2> <center> City of Grants Pass, Oregon v. Johnson, et al. </h2> </center>

<h2> Grants Pass, Oregon civil rights lawyers represented Plaintiff who sued claiming that Defendant's city ordinances violated their constitutional rights by prohibiting camping on public property. </h2> Grants Pass, Oregon, is home to roughly 38,000 people, about 600 of whom are estimated to experience homelessness on a given day. Like many local governments across the Nation, G... More...

$0 (06-28-2024 - OR)

<h2><center> Dr. Daniel Rodriquez v. Little Giant Ladder Systems, LLC </h2></center>

Portland, Oregon personal Injury lawyer represented the Plaintiff on a product liability theory. Oregon's product liability laws require a plaintiff to be no more than 50 percent at fault to be awarded damages. If you think you have a products liability claim, it is very important to protect and preserve the product as much as possible, and prevent any avoidable deterioration or change in... More...

$1 (02-16-2024 - OR)

<h2><center> Alana Marie Souza, et al. v. Brick House, Inc. </h2></center>

Eugene, Oregon intellectual property lawyers represented the Plaintiffs who sued the Defendant on a 15 U.S.C. 1125 Trademark Infringement (Lanham Act) violation theory. 15 U.S.C. 1125 provides: (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any... More...

$0 (12-10-2023 - OR)

<h2><center> United States of America v. Kevin Neal Strampher, Jr. </h2></center>

Portland, Oregon criminal defense lawyer represented the Defendant charged with stealing tools from Warm Springs Composite Products, a wood products manufacturing business owned by the Confederated Tribes of Warm Springs. On January 28, 2023, Kevin Neal Strampher, Jr., 40, entered the Warm Springs Composite Products mill and stole more than $2,000 in power and hand tools. Using surveilla... More...

$0 (12-07-2023 - OR)

<center> <h2> Gold Medal, LLC, d/b/a Run Gum v. USA Track & Field; United States Olympic Committee <img width="300" src="https://www.gsa.gov/cdnstatic/ephox_images/egww_page_photo_901096017290379447_1368465240434.png"> District of Oregon Federal Courthouse - Portland, Oregon </h2> </center>

Appellant Gold Medal LLC d/b/a Run Gum (Run Gum) appeals the district court’s order dismissing its complaint. Run Gum alleged that Appellees USA Track & Field (USATF) and the United States Olympic Committee (Olympic Committee) engaged in an anticompetitive conspiracy in violation of antitrust law by imposing advertising restrictions during the Olympic Trials for track ... More...

$0 (08-09-2018 - OR)

<Center> <h2> Sarah Meyer and Gail Wooldridge v. State of Oregon <img width="300" src="https://www.courts.oregon.gov/Marion/PublishingImages/Marion_Courthouse.jpg"> Marion County Courthouse - Salem, Oregon </h2> </center>

Plaintiffs, Sarah Meyer and Martin Wooldridge, appeal from a general judgment dismissing their action against defendants Oregon State Lottery (the Lottery), Jill Goldsmith, Larry Niswender, Tessa Sugahara, John Kroger, and Craig Durbin.1 Plaintiffs assert five assignments of error. We reject plaintiffs’ fourth assignment of error without written discussion and write only to address their remaini... More...

$0 (07-05-2018 - OR)

<center> <h2> Matthew J. Mason v. BCK Corporation <img width="300" src="https://www.courts.oregon.gov/courts/linn/PublishingImages/LinnCourtHouse.jpg"> Linn County Circuit Courthouse - Albany, Oregon </h2> </center>

Plaintiff appeals from a limited judgment that, on a motion for summary judgment, dismissed his liquor liability claim against defendant BCK Corporation, the operator of Duffy’s Irish Pub. Plaintiff had alleged that defendant had overserved Mullenix while she was visibly intoxicated and that he was later injured while a passenger in a car that Mullenix drove. Defendant sought summary judgment, a... More...

$0 (07-16-2018 - OR)

<center> <h2> Douglas Ossanna v. Nike, Inc. <img width="300" src="https://www.opb.org/images/upload/c_limit,h_730,q_90,w_940/OregonSupremeCourtBldg_xngmot.jpg"> Oregon Supreme Court Building - Eugene, Oregon </h2> </center>

Plaintiff is a licensed electrician who previously worked for defendant, Nike, Inc., in its maintenance department. Defendant fired plaintiff after he used one of defendant’s on-site basketball courts at a prohibited time. In response, plaintiff sued defendant for, among other things, statutory safety complaint and whistleblower retaliation. Plaintiff alleged that defenda... More...

$0 (01-31-2018 - OR)

<center> <h2> Robert Law v. Ronald Zemp <img width="300" src="https://www.opb.org/images/upload/c_limit,h_730,q_90,w_940/OregonSupremeCourtBldg_xngmot.jpg"> Oregon Supreme Court Building - Eugene, Oregon </h2> </center>

This review proceeding arises out of a post-judgment order charging a judgment debtor’s interests in four limited partnerships and a limited liability company to satisfy the judgment creditor’s judgment against him. The charging order was issued over the limited partnerships’ and limited liability company’s objections that ancillary provisions included in the chargi... More...

$0 (01-11-2018 - OR)

<center> <h2> Gavin Lee Buck v. Jesus Barragan, a/k/a Chito, et al. </h2> <img width="300" src="http://www.ca5.uscourts.gov/images/default-source/homepage-images/enbanc6x4.jpg?sfvrsn=4"> Ninth Circuit Court of Appeals - San Francisco, California </h2> </center>

Winter recreation has become increasingly popular in the Deschutes National Forest in Central Oregon, exacerbating parking shortages and on-snow user conflicts between motorized and non-motorized recreationalists. In 2012, the National Forest Service approved the building of Kapka Sno-Park, a parking lot primarily designed for motorized recreationalists, and issued an Envir... More...

$0 (09-08-2017 - OR)

Macadam Bay Homeowners Association v. David Soyster, Joy Soyster and James Idle

Defendants David Soyster, Joy Soyster, and James Idle appeal from a general judgment granting declaratory relief to plaintiff Macadam Bay Homeowners Association (Macadam Bay). On appeal, defendants assign error to the trial court’s grant of Macadam Bay’s motion for summary judgment. Defendants contend that the trial court incorrectly concluded, as a matter of law, that ... More...

$0 (06-01-2017 - OR)

<center> <h2> Johnny R. Johnson v. O'Malley Brothers Corporation </h2> </center>

In this wage-claim case, defendant appeals the trial court’s award of attorney fees under ORS 652.200(2) and ORS 652.615. Plaintiff was a commercial truck driver who sued defendant, his former employer, for failing to pay wages that it owed plaintiff, and for withholding a small sum from his paycheck, albeit with his consent. The trial court transferred plaintiff’s case... More...

$0 (06-01-2017 - OR)

Joseph L. Smith v. Providence Health & Services - Oregon d/b/a Providence Hood River Memorial Hospital, d/b/a Providence Medical Group, et al.

After suffering permanent brain damage from a stroke, plaintiff Joseph Smith brought this medical negligence action, alleging that, because doctors had not taken proper steps to follow up on his complaints of stroke symptoms, he lost a chance for treatment that, in one-third of cases, provides a patient with no or reduced complications following the stroke. Reviewing the co... More...

$0 (05-11-2017 - OR)

Lanny Earl Brenner v. Mark Nooth

Defendant Mark Nooth, superintendent of the Snake River Correctional Institution (the state), appeals a post-conviction court judgment concluding that petitioner’s trial attorney provided inadequate representation during his criminal trial for sexual abuse in the first degree, ORS 163.427, and granting petitioner post-conviction relief. The state argues that key evidence ... More...

$0 (02-23-2017 - OR)

Stephanie M. Dowell v. Oregon Mutual Insurance Company

Auto insurers in Oregon must provide personal injury protection (PIP) benefits to their insureds for certain automotive injury-related expenses, regardless of who is at fault in an accident. ORS 742.520(1). The PIP medical benefits at issue in this case “consist of the following payments for the injury or death of each person” covered: “All reasonable and necessary ex... More...

$0 (02-16-2017 - OR)

Lillian Figueroa v. BNSF Railroad Company

Oregon requires that foreign corporations doing business in this state appoint a registered agent to receive service of process. ORS 60.731(1).1 The primary question that this case presents is whether, by appointing a registered agent in Oregon, defendant (a foreign corporation) impliedly consented to general jurisdiction here—that is, whether defendant consented to have ... More...

$0 (03-02-2017 - OR)

Bill Barrier v. Douglas Beaman, M.D., P.C.

This is an original mandamus proceeding, arising from a medical negligence action in which plaintiff, who is the relator in this case, seeks damages for physical injuries. The issue is whether plaintiff, who—without objection by his counsel—answered questions in a discovery deposition about the treatment of his physical condition by health care providers, thereby waived... More...

$0 (03-09-2017 - OR)

Jesse Brown v. SAIF Corporation

The issue in this workers’ compensation case is whether claimant is entitled to benefits for his “combined condition” claim. Under ORS 656.005(7)(a)(B), a “combined condition” exists when an “otherwise compensable injury” combines with a preexisting condition, and the otherwise compensable injury remains the major contributing cause of that combined condition.... More...

$0 (03-30-2017 - OR)

United states of America v. Nika Larsen

Portland, OR - Former Oregon State Police Forensic Scientist Pleads Guilty to Stealing Controlled Substances by Fraud and Deception A former Oregon State Police Forensic Scientist Nika Larsen, 36, of Bend, Oregon, pleaded guilty in federal court, to using her position as a Forensic Scientist to steal controlled substances from evidence items submitted by law enforcement agencies to the Or... More...

$0 (08-15-2016 - OR)

Wilbur and Kathryn Hardy, v. State Land Board

The State Land Board and the Department of State Lands (collectively, the state) appeal a judgment of the circuit court setting aside the board’s declaration of ownership of the bed and banks of the Rogue River between river miles (RM) 68.5 and 157.51 under the process established in ORS 274.400 to 274.412. It also appeals a supplemental judgment awarding petitioners their attorney fees and cos... More...

$0 (10-19-2015 - OR)

A&T Siding, Inc. v. Capitol Specialty Ins. Corp.

The Brownstone Homes Condominium Association discovered defects in the construction of its 26-building condominium complex, including wood decay, flashing delamination, and water penetration. In consequence, Brownstone initiated a negligence action against the general contractor who built the complex, as well as one of its subcontractors, A&T Siding. Brownstone estimated that A&T’s share of the ... More...

$0 (10-09-2015 - OR)

Brownstone Homes Condo. Assn. v. Brownstone Forest Hts.

Defendant Capitol Specialty Insurance Co. has moved to dismiss this appeal on the ground that it has become moot. According to Capitol, the issues to be decided in the appeal pertain to the terms of an agreement settling an underlying construction defect case, but those very terms have been superseded by amendments to the agreement adopted during the pendency of the appeal. We conclude that, becau... More...

$0 (10-09-2015 - OR)

Blachana, LLC v. BOLI

The Rose City T-Girls is an informal social group that includes straight people, married couples, nonmarried couples, males who identify as females, cross-dressers, males who have physically transitioned to females, lesbians, and gay males. Respondents,1 Blachana, LLC, and Christopher Penner, own and manage a bar in North Portland formerly known as the P Club.2 Respondents seek judicial review of ... More...

$0 (09-29-2015 - OR)

Klamath-Siskiyou Wildlands Center v. Robert MacWhorter

In this appeal, the Klamath-Siskiyou Wildlands Center (“KS Wild”) challenges the district court’s dismissal of its claim against the U.S. Forest Service for lack of subject matter jurisdiction. The district court concluded that KS Wild’s notice of intent to sue under the Endangered Species Act was deficient. For the reasons that follow, we disagree. I. Background<br... More...

$0 (08-10-2015 - OR)

MONTARA OWNERS ASSOCIATION v. LA NOUE DEVELOPMENT, LLC

This construction defect case presents three issues on review, following certain rulings by the trial court and an award of damages by the jury. First, we consider the proper application of ORS 30.140, a statute that voids overbroad indemnity provisions in construction contracts. The Court of Appeals held that the trial court had erred by invalidating an indemnity provision in its entirety when th... More...

$0 (07-06-2015 - Or)

In the Matter of the Compensation of Gary D. Sather, Claimant v. Saif Corporation

The decision of the Court of Appeals is reversed, and the case is remanded to that court for a determination of the merits of the petition for judicial review. ______________ * Judicial review from Amended Opinion and Order from Workersâ€™ Compensation Board dated January 20, 2011. 262 Or App 597, 325 P3d 819 (2014). Cite as 357 Or 122 (2015) 123 The personal repre... More...

$0 (04-09-2015 - OR)

Steve Fick v. Oregon Department of Fish and Wildlife

Petitioners, Steve Fick, James Wells, and Fishhawk Fisheries, Inc., seek judicial review of certain rules adopted by respondent Oregon Department of Fish and Wildlife (ODFW).1 In particular, pursuant ORS 183.400(1),2 petitioners challenge a series of administrative rules entitled â€œColumbia River Recreational and Commercial Fisheries Management Strategies,â€ numbe... More...

$0 (03-18-2015 - OR)

WSB Investments, LLC v. Pronghorn Development Company, LLC

Plaintiff WSB Investments, LLC owns an interest in a timeshare unit at the Residence Club at Pronghorn Villas Condominiums and, as a consequence of that ownership, is a member of the associated nonprofit homeowners association, the Residence Club at Pronghorn Villas Condominiums Owners Association (the Res Club). When the timeshare development, and the management of it by<b... More...

$0 (02-25-2015 - OR)

Denis Hickey v. Andrew J. Hickey

Andrew Hickey (Andy) and H & H Cattle Feeders, Inc. (H & H) appeal a general judgment, challenging two remedies ordered by the trial court under ORS 60.952 upon its finding that Andy had engaged in self-dealing between Hickey Ranches, Inc. (HRI), a closely held family corporation, and H & H, a company that Andy wholly owned.1 Denis Hickey (Denis), Andyâ€™s brother and ... More...

$0 (02-25-2015 - OR)

Judy Johnson v. Joe James

Defendant appeals a judgment in an action for battery and negligence arising from an incident in which defendant engaged in unprotected sexual intercourse with plaintiff without disclosing that he carries the herpes simplex virus-2 (HSV-2), commonly known as genital herpes. Plaintiff consequently became infected with genital herpes and brought this action. Defendant argues,... More...

$0 (02-11-2015 - OR)

In the Matter of J.C.N-V, a Youth

Youth appeals a judgment of the juvenile court granting the stateâ€™s petition to waive youth into circuit court so that he could be tried as an adult on the charge of aggravated murder. Youth, who was 13 years and eight months old at the time of the alleged offense, was made eligible for adult prosecution by ORS 419C.352, which allows for discretionary waiver for 12- ... More...

$0 (01-22-2015 - OR)

League of Wilderness Defenders/Blue Mountains Biodiversity Project v. Kent Connaughton, et al.

The League of Wilderness Defenders/Blue Mountain Biodiversity Project and the Hells Canyon Preservation Council (collectively â€œthe LOWD plaintiffsâ€) appeal from the district courtâ€™s denial of their motion to preliminarily enjoin the Snow Basin logging project. We have jurisdiction under 28 U.S.C. Â§ 1292(a)(1). We affirm in part and reverse in part the district courtâ€™s ... More...

$0 (05-08-2014 - OR)

Evergreen West Business Center, LLC v. Terry W. Emmert

2 For centuries, the choice between legal and equitable remedies in civil 3 actions has been informed by the shibboleth that equitable relief ordinarily is not 4 available when the claimant has an adequate legal remedy. See, e.g., Norton v. Elwert, 29 5 Or 583, 587, 41 P 921 (1895) (stating principle). This case, which involves alternative 6 legal and equitable claims for damages a... More...

$0 (02-13-2014 - OR)

Montara Owners Association v. La Noue Development, LLC

The dispute here is a familiar one: a construction defect action by a homeowners association against the developer and general contractor, who then filed third-party complaints against the multiple subcontractors. Most, but not all, of the claims settled. The claims of the developer and general contractor, La Noue Development, LLC (La Noue), against several subcontractors went to trial. Although L... More...

$0 (12-04-2013 - OR)

Sara Marie Zimmerman v. Allstate Property and Casualty Insurance Company

ORS 742.061(1) provides that, if a settlement of an insurance claim is not made â€œwithin six months from the date proof of loss is filed with an insurerâ€ and the insured recovers more than any amount that the insurer has tendered, the insured is entitled to an award of attorney fees. ORS 742.061(3) provides a â€œsafe harborâ€ for the insurer in underinsured motorist (UIM... More...

$0 (11-30--0001 - OR)

Peggy N. Trees v. Julio A. Ordonez, M.D.

In this medical malpractice case, we decide whether a plaintiff is required to present expert testimony from a medical doctor to establish the standard of care and breach of the standard of care. Plaintiff presented expert testimony from a biomechanical engineer familiar with use of the medical device installed on plaintiffâ€™s cervical spine by defendant, a neurosurgeon. For the reasons set ... More...

$0 (10-03-2013 - OR)

Thomas J. Minihan v. Thomas Stiglich

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)

Kawi Fung Wong v. David V. Beebe

We agreed to hear this case en banc to clarify whether the statute of limitations in 28 U.S.C. Â§ 2401(b) of the Federal Tort Claims Act (â€œFTCAâ€) may be equitably tolled. We hold that Â§ 2401(b) is not â€œjurisdictional,â€ and that equitable tolling is available under the circumstances presented in this case. I. BACKGROUND A. Statutory Backgroun... More...

$0 (10-09-2013 - OR)

Bart G. Brandrup v. Recontruct Company, N.A.

These cases come before this court on four certified questions of law from 2 the United States District Court for the District of Oregon. See Brandrup v. ReconTrust 3 Co., 352 Or 320, 287 P3d 423 (2012) (accepting certified questions); ORS 28.200 to 4 28.255 (providing procedure for certifying questions to the Oregon Supreme Court and 5 authorizing court to answer certified questions). The questio... More...

$0 (06-06-2013 - OR)

Rebecca Niday v. GMAC Mortgage, LLC

2 This is the second of two cases this court decides today that is concerned 3 with the nonjudicial foreclosure of trust deeds under the Oregon Trust Deed Act (OTDA) 4 and the mortgage finance industry's practice of naming the Mortgage Electronic 5 Recording System, Inc., (MERS), rather than the lender, as a trust deed's "beneficiary." 6 In Brandrup v. ReconTrust Co., __ Or __, ___... More...