Oregon Daubert Law

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)

Thomas Kennedy v. Eden Advanced Pest Technologies, Glen Howell and Greg Prater

Following defendants' application of pesticides to plaintiff's house and yard, plaintiff brought this action, alleging claims for fraud, violation of the Unlawful Trade Practices Act (UTPA), negligence, intentional infliction of emotional distress, and trespass. The jury found for defendants on the fraud and UTPA claims and for plaintiff on the negligence and trespass claims.(1) The trial court en... More...

$0 (10-01-2008 - OR)

<a href="http://www.publications.ojd.state.or.us/A129660.htm" target="_new">Deborah Marcum v. Adventist Health System/West, etc., et al.</a>

Plaintiff appeals in this case involving claims of medical negligence, informed consent, and "spoliation" of relevant documents. The court directed verdicts in defendants' (1) favor on all claims. Plaintiff appeals, arguing that the trial court erred in excluding her scientific evidence of medical causation. See State v. O'Key, 321 Or 285, 899 P2d 663 (1995); State v. Brown, 297 Or 404, 687 P... More...

$0 (09-26-2007 - OR)