Calaveras County Man Sentenced for C... More...    $0 (05-13-2024 - OR)

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)

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)

PORTLAND, Ore. – U.S. District Court Judge Michael W. Mosman sentenced Bryan Scott Gunn, 40, of Victorville, California, to 20 months in prison for coning investors out of almost $1 million. Judge Mosman also sentenced Gunn to serve three years of supervised release and ordered him to pay $939,308 in restitution.

According to court documents, Gunn was a fairly sophisticated conman. In... More...    $0 (06-16-2015 - 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)

Vacated, in part, and remanded for proceedings consistent with this opinion.
1
1 SERCOMBE, J.
2 This appeal arises from an action in which plaintiffs--common shareholders
3 of Vulcan Power Company (Vulcan), a Colorado corporation in the business of
4 developing geothermal power projects with its principal place of business located in
Oregon15 --brought claims against Vulcan... More...    $0 (08-13-2014 - OR)

Portland, Ore.—Shamont Lyle Sapp, 50, was sentenced today by United States District Judge Anna J. Brown to 33 months in prison for mail fraud in an unsuccessful scheme to obtain money from four Roman Catholic dioceses through fictitious claims of child sex abuse by priests. A former Pennsylvania resident, Sapp pleaded guilty to pursuing fabricated cases against dioceses in Portland, Oregon; Tuc... More...    $0 (06-11-2014 - OR)

2 Plaintiff Cascade Pacific Pulp, LLC (Cascade) and defendant Georgia-
3 Pacific Consumer Products LP (Georgia-Pacific) are the present owners of adjoining
4 mills in Halsey, Oregon. The two mills, paper and pulp, were once part of an integrated
5 facility with a single owner, and they share a common infrastructure, including a water
6 treatment system and an effluent discharge sys... More...    $0 (11-14-2013 - 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)

Husband appeals from a judgment of dissolution
of marriage, arguing that the court erred in dividing
the parties’ retirement benefits, and, specifically, in its
treatment of wife’s federal Civil Service Retirement System
(CSRS) benefits. In particular, husband asserts that the
trial court’s apportionment methodology (described in
detail below) violated 42 USC section ... More...    $0 (04-24-2013 - OR)

At issue in this case is whether plaintiff has standing under the Uniform Declaratory Judgments Act, ORS 28.020, to seek a declaration that defendant Sisters School District #6 and its Board of Directors (board) lacked authority to enter into a particular form of fi nancing arrangement without a vote of the people. Plaintiff alleged that he has standing because his “status as a taxpayer and vote... More...    $0 (01-17-2013 - OR)

2 Defendant appeals from the denial of her motion to quash a notice of
3 restitution in this forcible entry and detainer (FED) action. This case poses the issue
4 whether the filing of a supersedeas undertaking on appeal pursuant to ORS 19.335(2)
5 tolls the 60-day limit on issuance of process to enforce a judgment for restitution of
6 premises under ORS 105.159(3). We affirm.
... More...    $0 (09-26-2012 - OR)

2 Plaintiff appeals a limited judgment dismissing plaintiff's claims against
defendants John and Linda Nelson.1 3 Plaintiff brought a claim for common-law fraud and
4 violation of Oregon's Unlawful Trade Practices Act (UTPA) against Nelson Equipment
5 Corporation (the company); defendants, as the owners of the company; and Kennedy, an
6 employee of the company. Defendants moved und... More...    $0 (10-03-2012 - OR)

2 This is an appeal from a judgment of final distribution arising out of a
3 probate proceeding involving the estate of Maxine Vogel (the decedent). The probate
4 court determined that certain assets retained by the estate were personal property and,
5 consequently, ordered that they be distributed to respondent, the decedent's husband and
6 the residual beneficiary under her will.... More...    $0 (02-29-2012 - OR)

2 In this legal malpractice case, we apply the "discovery rule" and decide that
3 the trial court erred in concluding, on defendant's motion for summary judgment, that
4 plaintiff's claim was time-barred.
5 We state the facts adduced by the parties on summary judgment in the light
6 most favorable to plaintiff, the nonmoving party. Hampton Tree Farms, Inc. v. Jewett,
7 320 Or 5... More...    $0 (11-10-2011 - OR)

Documents produced in discovery and filed in the bankruptcy court contained allegations that Fathers M and D, two priests who were not parties to the Portland Archdiocese’s bankruptcy case, had sexually abused children. The bankruptcy court held that the discovery documents at issue could be disclosed to the public, because the public’s interest in disclosure of these discovery documents outwe... More...    $0 (09-21-2011 - OR)

This case originated with a misunderstanding regarding a $645 charge on the credit-card bill of Appellant Barbee Lyon.

Appellee Chase Bank USA, N.A. (“Chaseâ€�) misidentified the basis for the charge but failed to respond to Lyon’s requests for information about it. Chase continued to seek payment and reported the debt as delinquent to credit agencies, despite Lyon’s protest. In doing... More...    $0 (08-30-2011 - OR)

Plaintiffs brought this class action after unencrypted records containing personal, medical, and financial information of an estimated 365,000 patients were stolen from the car of one of defendant's employees. Plaintiffs alleged that defendant had negligently failed to safeguard those records and that defendant had violated the Unlawful Trade Practices Act (UTPA) by representing that it would kee... More...    $0 (10-06-2010 - OR)

We must decide whether a credit card company violates the Truth in Lending Act when it fails to disclose potential risk factors that allow it to raise a cardholder’s Annual Percentage Rate.

I

A

Walter and Cheryl Barrer held a credit card account with Chase.1 The Barrers received and accepted the Cardmember 1According to Chase, the account was in Walter Barrer’s name only; ... More...    $0 (05-21-2009 - 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)

Plaintiff appeals from a judgment dismissing his claim against his former employer, Wilsonville Holiday Partners, LLC (Wilsonville), for payment on a default judgment against Lockhart Investments, LLC, which managed a hotel for Wilsonville. The complaint also sought to hold Lockhart Investments's principal, Patrick Lockhart (Lockhart), personally liable for the default judgment against Lockhart In... More...    $0 (08-06-2008 - OR)

In December 2001, Kenneth and Gertrude Reusser received an $860,000 loan from Long Beach Mortgage Company, placing as collateral a home that had been in Kenneth's family for more than 100 years. Five months after receivin... More...    $0 (05-10-2008 - OR)

Defendant Gulf Insurance Company appeals a judgment in favor of plaintiff Reedsport School District No. 105. The trial court awarded plaintiff $58,844.16 on its first claim for relief for breach of a bond issued by defendant; alternatively, the trial court awarded plaintiff $32,619.00 on its second claim for relief for breach of the parties' alleged settlement of that dispute. On appeal, defe... More...    $0 (02-13-2007 - OR)

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

In this mandamus proceeding, relator, a defendant in a criminal proceeding, asks this court to compel the trial judge to dismiss an indictment pursuant to a civil compromise under ORS 135.705, set out below. Relator argues that the trial judge had agreed that she would dismiss the indictment against him under certain conditions and that he has complied with those conditions. Because the trial j... More...    $0 (03-27-2003 - OR)

To pay for professional services rendered in a bankruptcy matter, defendants gave promissory notes secured by a mortgage to plaintiffs, who were their attorneys and a consultant. When defendants defaulted, plaintiffs brought this foreclosure action. Defendants assign error to the trial court's denial of their request for a jury trial and to the court's rejection of their defenses challenging the e... More...    $22000 (03-27-2002 - OR)