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)

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)

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)

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
a... More...    $0 (08-09-2018 - OR)

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 remaining... More...    $0 (07-05-2018 - OR)

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, ass... More...    $0 (07-16-2018 - OR)

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 defendant... More...    $0 (01-31-2018 - OR)

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 charging order... More...    $0 (01-11-2018 - OR)

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)

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 defe... More...    $0 (06-01-2017 - OR)

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 to ... More...    $0 (06-01-2017 - OR)

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)

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 of... More...    $0 (02-23-2017 - OR)

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 expenses... More...    $0 (02-16-2017 - OR)

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 Or... More...    $0 (03-02-2017 - OR)

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 his... More...    $0 (03-09-2017 - OR)

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.1 In this case... More...    $0 (03-30-2017 - OR)

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)

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 costs... More...    $0 (10-19-2015 - OR)

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 co... More...    $0 (10-09-2015 - OR)

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)

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)

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
Under ... More...    $0 (08-10-2015 - OR)

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)

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 Workers’ Compensation
Board dated January 20, 2011. 262 Or App 597, 325 P3d 819 (2014).
Cite as 357 Or 122 (2015) 123
The personal representa... More...    $0 (04-09-2015 - OR)

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
“Columbia River Recreational and Commercial Fisheries
Management Strategies,â€� numbered OAR ... More...    $0 (03-18-2015 - OR)

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 byMore...    $0 (02-25-2015 - OR)

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), Andy’s brother and a min... More...    $0 (02-25-2015 - OR)

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)

Youth appeals a judgment of the juvenile court
granting the state’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- to 14... More...    $0 (01-22-2015 - OR)

The League of Wilderness Defenders/Blue Mountain Biodiversity Project and the Hells Canyon Preservation Council (collectively “the LOWD plaintiffsâ€�) appeal from the district court’s denial of their motion to preliminarily enjoin the Snow Basin logging project. We have jurisdiction under 28 U.S.C. § 1292(a)(1). We affirm in part and reverse in part the district court’s order, and remand th... More...    $0 (05-08-2014 - OR)

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)

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)

ORS 742.061(1) provides that, if a settlement of an insurance claim is not made “within six months from the date proof of loss is filed with an insurer� 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 “safe harborâ€� for the insurer in underinsured motorist (UIM) cases: No atto... More...    $0 (11-30--0001 - OR)

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 plaintiff’s cervical spine by defendant, a neurosurgeon. For the reasons set out b... More...    $0 (10-03-2013 - 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)

We agreed to hear this case en banc to clarify whether the
statute of limitations in 28 U.S.C. § 2401(b) of the Federal
Tort Claims Act (“FTCA�) may be equitably tolled. We hold
that § 2401(b) is not “jurisdictional,� and that equitable
tolling is available under the circumstances presented in this
case.
I. BACKGROUND
A. Statutory Background
The FTCA conta... More...    $0 (10-09-2013 - OR)

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)

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...    $0 (06-06-2013 - OR)

2 This case involves four plaintiffs, each of whom retired from employment
3 with the City of Medford (the city) and each of whom attempted to elect to continue the
4 health insurance coverage that the city had provided to them as employees. But the city's
5 health insurance plan that applied to plaintiffs at the time of their retirement did not
6 provide coverage for retirees. Alt... More...    $0 (05-15-2013 - OR)