Federal Courthouse - Portland, Oregon

More...    $0 (02-21-2023 - OR)

Portland, Oregon personal injury lawyer represented Plaintiffs, who sued Defendants on civil rights violation theories under 42 U.S.C. 1983 claiming to have suffered $3.2 million in damages and/or injuries as a direct result of the violation of their constitutional rights.... More...    $0 (10-30-2021 - OR)

Portland, Oregon civil rights lawyer represent Plaintiff who sued the Sheriff of Clackmas County and the county on civil rights violation theories under 42 U.S.C. 1983 claiming $156,000 in damages.

This case was initially filed in the Circuit Court, Clackamas County, a19CV11780.... More...    $1 (06-09-2021 - 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)

This appeal involves a dispute over attorney fees in an action on an automobile insurance policy. Plaintiff sued defendant for personal injury protection (PIP) and uninsured motorist (UM) benefits under his automobile insurance policy with defendant after he was involved in a motor vehicle accident with an uninsured driver. The only issues remaining in the case after court-annexed arbitration and ... More...    $0 (07-16-2018 - OR)

Portland, Oregon - Civil rights lawyer represented Plaintiff, who sued Defendant on civil rights violation theory.

The issue in this case is whether police unlawfully interrogated a criminal defendant after he invoked his rights to counsel and against compelled self-incrimination, guaranteed by Article I, section 12, of the Oregon Constitution and the Fifth Amendment to the United States ... More...    $0 (09-22-2017 - OR)

Defendant, who was convicted of murder, assigns error to the trial court's denial of his motion to suppress statements that he made both before and after his arrest. Defendant raises several arguments—in which he requests plain error review of an unpreserved argument that he received inadequate Miranda warnings—which we have considered and reject without written discussion. We write to discuss def... More...    $0 (03-15-2017 - OR)

We must decide whether the former employee of a City in Oregon may prevail on allegations that it violated the First Amendment and state law by refusing to rehire her.
I
A
Janell Howard served as the Finance Director for the City of Coos Bay (“City”) from 1998 through 2008. On September 16, 2008, after an investigation into whether Howard had shoplifted from Wal-Mart (from which no cha... More...    $0 (09-29-2017 - 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)

This appeal is from a civil forfeiture of $11,500 under
21 U.S.C. § 881(a)(6). The claimant and his wife are heroin
addicts, who have been buying and selling drugs for most of
their lives. When the claimant, through a friend, tried to post
the $11,500 as bail for his wife, the government seized the
cash. At trial, the government had two theories: first, that the
money was p... More...    $0 (09-06-2017 - OR)

Spokane, WA - Jury Finds In Favor of Defendants In Excessive Force Wrongful Death Case


David Berger and Amber Berger, individually and as representative of the Estate of William Sage Burger sued Spokane County and police officers Shawn Audie and Steve Paynter on civil rights violation theories under 42 U.S.C. 1983 claiming that William Berger was killed as a direct result of the offi... More...    $0 (06-28-2017 - 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 post-conviction relief case, the state1 appeals
from a judgment granting petitioner relief on a number of
his claims, and remanding the case for a new trial. The state
assigns error to the post-conviction court’s rulings on those
claims, arguing that petitioner failed to establish, as a matter
of law, that he was entitled to relief on any of them. We
conclude that t... More...    $0 (02-23-2017 - OR)

This case involves an insurance dispute between
plaintiffs and defendant, Allstate Property and Casualty
Insurance Company (Allstate). After a theft at their home,
plaintiffs filed claims with Allstate, their insurance carrier,
under two policies. More than two years after the loss,
Allstate denied coverage for the loss and plaintiffs brought
an action against Allstate rela... More...    $0 (03-01-2017 - OR)

Petitioner was found guilty by a jury of two counts
of aggravated murder, one count of intentional murder,
and a number of other crimes. He sought post-conviction
relief on a variety of claims. The post-conviction court
denied relief on all of petitioner’s claims involving the guilt
phase of petitioner’s criminal trial but granted relief on
his penalty-phase claims and void... More...    $0 (03-01-2017 - OR)

In this post-conviction proceeding, petitioner challenged,
among other things, the adequacy of legal representation
he received in conjunction with his underlying criminal
trial, in which he was convicted of first-degree sodomy.
One of petitioner’s inadequate-assistance claims was based
on his lawyer’s failure to object to a diagnosis of sexual abuse
in the absence of physi... More...    $0 (03-01-2017 - OR)

Plaintiffs Neal and Nancy Kaste operate a dairy
farm in Tillamook County, and contracted with defendant,
Land O’Lakes Purina Feed LLC, to provide them with feed
for their dairy cows. That feed sickened a number of plaintiffs’
cows and killed others, causing plaintiffs to incur veterinary
expenses to care for the cows as well as other losses.
Plaintiffs sued defendant, alleg... More...    $0 (03-08-2017 - 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)

Police officers entered a residence without a warrant and opened a wooden box that they found in a bedroom, believing that they had lawful consent to take each of those actions. Defendant, who was charged with unlawful possession of a controlled substance based on evidence found in the box, moved to suppress the evidence under Article I, section 9, of the Oregon Constitution, on the ground that th... More...    $0 (01-03-2017 - OR)

Salem, OR - Jury Awards Prison Inmate $400,000 on Civil Rights Claim

David VanValkenburg, who is deaf, sued the Oregon Department of Corrections on a civil rights violation theory under 42 U.S.C. 1983 claiming that his rights were violated when prison officials repeatedly denied him a qualified interpreter for prison medical appointments, a prison job and in-custody class between Septembe... More...    $400000 (11-05-2016 - OR)

Eugene, OR - Plaintiff wins excessive force claim against Oregon State Trooper

Justin Wilkins, age 41, sued Oregon State Police Captain Rob Edwards on a civil rights violation theory under 42 U.S.C. 1983 claiming that the Defendant used excessive force by kicking him in the upper chest after chasing him down by speeding on his motorcycle. He also claimed that Edwards failed to exercise d... More...    $180000 (01-15-2016 - OR)

SUMMARY***
Criminal Law
On appeals by the government, the panel vacated
sentences for maliciously damaging the real property of the
United States by fire, in violation of 18 U.S.C. § 844(f)(1),
and remanded for resentencing, in cases in which the
defendants set fires on their ranch land that spread to public
land.
The panel rejected the defendants’ contention that t... More...    $0 (10-08-2015 - OR)

Defendant was charged with first-degree rape, sodomy, and unlawful sexual penetration against his stepdaughter, CS, beginning when CS was approximately 12 years old. The indictment alleged that the crimes occurred between January 1, 2007, and March 23, 2010. The pertinent
1 As the source of his argument, defendant primarily relies on Article I, section 11, of the Oregon Constitution, which p... More...    $0 (09-16-2015 - OR)

AT&T, the taxpayer, is a global telecommunications company. It provides voice and data telecommunications services over the global AT&T network, which AT&T constructed, maintains, and operates. The network works together as an integrated whole, and it is used to provide all of AT&T’s services at issue. In the United States, the network provides multiple pathways that a call may take,
694 AT&T... More...    $0 (09-11-2015 - OR)

Because this is an equitable case, the Court of Appeals, “acting in its sole discretion, may try the cause anew upon the record or make one or more factual findings anew upon the record.” ORS 19.415(3)(b). No party has requested that we exercise our discretion to review de novo. Nevertheless, as explained below, 272 Or App at 635, the trial court’s interpretation of the parties’ settlement agreeme... More...    $0 (08-03-2015 - OR)

After a five-day trial, a federal jury convicted Johnny
Brown of 14 counts of wire fraud, making false statements to
a financial institution and tax evasion. While the jury was
deliberating, one of the jurors became ill and asked to be
excused. Brown requested that the district court seat an
alternate juror rather than proceed with 11 jurors. The court
denied Brown’s requ... More...    $0 (05-01-2015 - OR)

Plaintiff, who is a former employee of the State of
Oregon—specifically, Oregon Youth Authority—filed a complaint
seeking damages from the state and Sid Thompson,
the superintendent of MacLaren Youth Correctional Facility
where plaintiff had worked (collectively, OYA).1 After OYA
moved for judgment on the pleadings pursuant to ORCP 21 B,
the trial court concluded that p... More...    $0 (04-15-2015 - OR)

Defendant appeals a judgment of conviction for one
count of possession of methamphetamine, ORS 475.894,
and one count of erecting a structure on a public right of
way, in violation of Portland City Code (PCC) 14A.50.050.
He assigns error to the trial court’s denial of his motion to
suppress evidence found after a police officer lifted a tarp to
defendant’s makeshift she... 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)

This matter is before us for a second time. See State
ex rel Stewart v. City of Salem, 241 Or App 528, 251 P3d
783 (2011) (Stewart I). Relator, in a mandamus proceeding,
appeals from a judgment that, in pertinent part, denied his
request for attorney fees incurred in ultimately, successfully
obtaining a peremptory writ. ORS 34.210(2). We affirm.1
As recounted in Stewart I, ... More...    $0 (01-22-2015 - OR)

Horizon Air Industries, Inc., petitions for reversal of an order by the 2 Workers' Compensation Board. At issue on review is the board's conclusion that 3 claimant, a flight attendant, suffered a compensable injury arising from an incident 4 aboard one of employer's aircraft. We conclude that substantial evidence supports the 5 board's findings that (1) claimant suffered an "injury" during the cou... More...    $0 (10-15-2014 - OR)

2 Plaintiffs Kevin and Mitzi Rains filed an action against several parties
3 seeking damages for injuries sustained by Kevin when a board on which he was standing
4 broke, causing him to fall 16 feet to the ground. Kevin, who was working as a
5 subcontractor on a construction project, sustained a thoracic T12 vertebrae burst fracture
6 that resulted in paraplegia. Kevin brought cla... More...    $0 (08-13-2014 - OR)

2 This consolidated appeal involves interrelated judgments in two separate
3 actions concerning a conservatorship for Allison Fuentes. The first action, the
4 conservatorship proceeding, was commenced in 1999 in the probate court after the death
5 of Allison's mother; Allison's aunt, Mary Tillett, was appointed conservator and guardian
6 ad litem for Allison. In 2008, Allison's sis... More...    $0 (05-21-2014 - 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)

2 This case requires us to decide whether the six-year statute of limitations
3 applicable to conversion and replevin claims under ORS 12.080(4) incorporates a
4 discovery rule to determine when such claims "accrue" pursuant to ORS 12.010. The
5 Court of Appeals concluded that the limitation prescribed by ORS 12.080(4) begins to
6 run at the time of the wrongful taking of personal ... More...    $0 (01-30-2014 - OR)

State of Oregon charged Cinthya Garcia-Cineros, age 19, with failing to perform the duties of a driver as result of a fatal high and run accident that resulted in the death of 6-year-old Anna Deiter-Eckerdt and 11-year-old Abigail Robinson. The children were playing in a pile of leaves when they were hit by the car driven by Defendant. The State did not claim that Defendant intentionally ran ove... More...    $0 (01-15-2014 - 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)

2 Plaintiff brought several claims against defendant, a nonprofit corporation
3 that operates Wilderville Cemetery, relating to defendant's burial of her late husband, and
4 now appeals the trial court's award of summary judgment to defendant. Plaintiff and her
5 husband, Donald (collectively, the Hamlins), had purchased a plot in defendant's
6 cemetery, and the lawsuit involves cl... More...    $0 (10-30-2013 - OR)