Petitioner seeks judicial review after the Land Use Board of Appeals (LUBA) denied her motion to intervene in an appeal of the City of Eugene’s approval of a development application. LUBA ruled that petitioner had not “appeared” before the city during the proceedings on the application and therefore was not entitled to intervene before LUBA. See ORS 197.830(7)(b) (limiting “[p]ersons who may inter... More...    $0 (07-05-2018 - 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)

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)

Petitioner appeals a judgment denying post-conviction
relief. He assigns error to the trial court’s dismissal, by way
of summary judgment, of his claim based on criminal trial
counsel’s failure to challenge the giving of a “natural and
probable consequences” uniform jury instruction identical
to that which the Oregon Supreme Court later disapproved
in State v. Lopez-Minjare... More...    $0 (03-01-2017 - OR)

Petitioner seeks judicial review of an order by the
Land Use Board of Appeals (LUBA) affirming the adoption
of two ordinances by respondent Jackson County. Those ordinances
amended the county’s Land Development Ordinance
(LDO) to establish, among other things, the types of land on
which medical and commercial marijuana cultivation would
be permitted. In the first of her two... More...    $0 (03-08-2017 - OR)

This appeal concerns the application of the statute
of limitations to a complaint for medical malpractice involving
newly added defendants. Plaintiff alleged that negligent
treatment of low sodium levels in his blood serum caused
him to develop a neurological disorder, central pontine
myelinolysis (CPM). Invoking ORCP 21 A(9),1 defendants
moved to dismiss the complaint as b... More...    $0 (03-15-2017 - 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)

Judgment in favor of the State of Oregon and City of
Depoe Bay reversed and remanded; otherwise affirmed.
As plaintiff was travelling north on State Highway 101 in the City of Depoe
Bay, his motorcycle collided with defendant Colip’s automobile, which had
entered the highway from the east on a road owned by Lincoln County. Plaintiff
was severely injured in the accident and, m... More...    $0 (04-15-2015 - 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)

Jackson County (the county) is a defendant in this
negligence action, in which plaintiff sought damages for
damage to its real property. As an affirmative defense, the
county alleged that plaintiff was negligent and was itself
responsible for the damages that it had suffered. The county
also filed a cross-claim against a codefendant (the contractor)
seeking common-law indem... 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)

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)

Plaintiffs had been fire fighters for the city of
Portland when they suffered disabling injuries. The charter
for the city requires it to provide disability benefits to its
police and fire employees who suffer injuries in the course
of their employment that render them “unable to perform
[their] required duties,� with a minimum disability benefit
of 25 percent of the em... More...    $0 (10-30-2014 - OR)

that 10 permanency judgment, and we affirmed without opinion. Dept. of Human Services v. B. 11 R., 247 Or App 766, 274 P3d 315, rev den, 351 Or 678 (mother's petition), and rev den, 12 351 Or 761 (father's petition) (2012). DHS filed petitions to terminate mother's and 13 father's parental rights in August 2011. Approximately one year later, in August 2012, 14 the court held the annual permanency ... 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)

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 In this professional negligence action, plaintiff alleged that defendant, an
3 attorney who represented her in an adoption proceeding, committed malpractice by
4 arranging to serve the birth mother with the adoption petition by publication. Defendant
moved to dismiss the complaint under ORCP 21 A(9)1 5 on the ground that it was untimely
under the statute of limitations for profes... More...    $0 (12-11-2013 - OR)

Plaintiffs brought this medical malpractice action to recover for injuries that their son sustained during delivery.

On review, the issues are whether ORCP 59 H limits an appellate court’s ability to review objections to a trial court’s instructional rulings and whether a statutory cap on noneconomic damages constitutionally can be applied to actions brought by children injured during b... More...    $0 (09-26-2013 - 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)

2 Father in this dissolution case appeals a supplemental judgment modifying
3 child support. ORS 107.135(1)(a). The trial court, in that judgment, ordered mother to
4 pay child support in the amount of $327 per month. Father asserts that the trial court
5 improperly failed to "impute income to mother in an amount consistent with that monthly
6 income she voluntarily left." In parti... 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)

The Land Use Board of Appeals (LUBA) has
exclusive review authority over “land use decision[s]� made
by local governments, state agencies, and special districts.
ORS 197.825(1). This case concerns whether LUBA
properly dismissed its review of a land use compatibility
statement (LUCS) issued by Yamhill County certifying
that a proposed state agency permit to construct a ... More...    $0 (04-24-2013 - OR)

2 After drinking past the point of intoxication at defendant's bar, plaintiff
3 attempted to drive home and was severely injured when she entered an interstate highway
4 driving in the wrong direction and collided with another car. She brought this action
5 against the bar, alleging negligence for having served her "when she had already
6 consumed excessive quantities of alcohol," ... More...    $0 (05-15-2013 - OR)

2 Mother appeals the trial court's supplemental judgment modifying child
3 support; she asserts that the amount of child support the trial court ordered father to pay is
4 too low. Father cross-appeals; he asserts that the amount is too high. Both parties
contend that the trial court erred in calculating father's presumed income.1 5 In addition,
6 mother contends that, even if the ... More...    $0 (05-22-2013 - OR)

WALTERS, J.
In this domestic relations case, we decide that, pursuant to ORS 107.1041 2
and ORS 107.135(15),2 3 a court may enforce an agreement between parents not to seek
4 modification of the child support terms of a stipulated judgment of dissolution unless to
5 do so would violate the law or contravene public policy. We also decide that, in this
6 case, father did not demo... More...    $0 (04-18-2013 - OR)

2 This case is before the court on certified questions of Oregon law from the 3 United States Court of Appeals for the Ninth Circuit (Ninth Circuit). See generally ORS 4 28.200 to 28.255 (granting authority to answer certified questions and describing 5 procedure). The questions arise out of an action for personal injury brought in federal 6 district court against defendant Boyle and his employer,... More...    $0 (03-15-2013 - OR)

This case involves visitation rights awarded under
ORS 109.119 to a nonparent of a minor child.1 In 2007,
petitioner, by a default judgment, obtained visitation rights
with respect to the child. Respondent, the child’s mother,
later moved to set aside the default judgment pursuant to
ORCP 71 B, and the trial court denied that motion. The
relationship between the parties w... More...    $0 (01-30-2013 - OR)

2 Mother appeals a denial of her motion to modify an award of custody of her
3 child, M, from her father and stepmother (grandparents) to her. She asserts that the trial
4 court erroneously applied ORS 109.119(2)(c) to this proceeding or, alternatively, if the
5 court properly applied ORS 109.119(2)(c), that statute is unconstitutional as applied to
this circumstance.1 6 She furthe... More...    $0 (02-13-2013 - OR)

2 Plaintiff Grabhorn, Inc. (Grabhorn) appeals a trial court judgment that
3 dismissed its claims for declaratory and injunctive relief, on the ground that the claims
4 sought a land use decision over which the court lacked jurisdiction. Grabhorn's claims
5 sought clarification about the applicability of a land use compatibility statement (LUCS)
6 issued by Washington County in 1991... More...    $0 (02-21-2013 - OR)

2 Plaintiff, who ran a convenience store, was accused of stealing from that
3 store and was arrested for theft. After the charges were eventually dismissed, he brought
4 this tort action against defendant, an attorney who represented the store, alleging claims
5 for false imprisonment, malicious prosecution, and abuse of process--each claim arising
6 out of defendant's alleged part... More...    $0 (02-21-2013 - OR)

The complaint alleges that employees in Oregon State University’s Facilities Department gathered up the outdoor newsbins belonging to the Liberty, a conservative student monthly, and threw them in a heap by a dumpster in a storage yard. The employees acted pursuant to an unwritten and previously unenforced policy governing newsbins on campus. They did not notify anyone at the Liberty before conf... More...    $0 (10-24-2012 - OR)

2 Plaintiffs Spitz and the Jeffrey Todd Whyle-Spitz Irrevocable Trust (the
3 trust) appeal a general judgment in a declaratory judgment action that concluded that
4 their ownership interest in residential real property had been terminated by a trust deed
5 foreclosure sale. Plaintiffs contend that the trial court erred in denying them their
6 requested declaration that the foreclos... More...    $0 (08-29-2012 - OR)

2 Plaid Pantries, Inc. (Plaid Pantries), argues that the land use final order that 3 Metro adopted after a remand from this court does not comply with the applicable 4 statutory standards. See Weber Coastal Bells v. Metro, 351 Or 548, 273 P3d 95 (2012) 5 (affirming prior land use final order in part and remanding in part). Metro and Tri- 6 County Metropolitan Transit District of Oregon (TriMet) as... More...    $0 (06-28-2012 - OR)

2 The issue in this case is whether a healthcare provider can be liable in
3 damages when the provider's negligence permitted the theft of its patients' personal
4 information, but the information was never used or viewed by the thief or any other
5 person. Plaintiffs claimed economic and noneconomic damages for financial injury and
6 emotional distress that they allegedly suffered... More...    $0 (02-24-2012 - OR)