Oregon Deliberate Indifference Law
 

United States of America v. Michael James DeFrees

Portland, Oregon criminal defense lawyer represented the Defendant charged with Fraudulently Obtaining Covid-Relief Funds, Laundering Proceeds.




A real estate developer and part-time resident of Vancouver, Washington, was sentenced to federal prison for fraudulen... More...
   $0 (02-11-2024 - OR)

Sarah Meyer and Gail Wooldridge v. State of Oregon

Marion County Courthouse - Salem, Oregon

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)

Janell Howard v. City of Coos Bay

Ninth Circuit Court of Appeals Courthouse - San Francisco, California

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)

Philip C. Lang v. Rogue Valley Medical Center/Asante

Pursuant to ORCP 54 B(1), the trial court dismissed
plaintiff’s wrongful death action because it found that plaintiff’s
counsel willfully failed to comply with two court orders
and that, as a result, dismissal was an appropriate sanction.
The Court of Appeals affirmed the resulting judgment
without opinion. Lang v. Rogue Valley Medical Center, 276
Or App 610, 369 P3d 450 (2... More...
   $0 (06-05-2017 - OR)

Kenneth A. Thomas v. Wasco County

Petitioner Kenneth Thomas appeals from judgments
of the circuit court dismissing his petition for a writ
of review and his second amended complaint seeking a
declaratory judgment.1 The proceedings arise out of petitioner’s
objections to an order of the Wasco County Board
of Commissioners granting a permit for an “outdoor mass
gathering” to petitioner’s neighbor. ORS 433.750... More...
   $0 (03-01-2017 - OR)

Harry DeWolf v. Mt. Hood Ski Bowl, LLC

Plaintiff, Harry DeWolf, brought a wrongful death
action against defendant following the death of plaintiff’s
daughter, Taylur DeWolf, while she was snowboarding at
defendant’s ski resort. The jury found in favor of defendant,
determining that defendant was not negligent. However,
after entering a judgment on the jury’s verdict, the trial
court granted a motion by plaintiff... More...
   $0 (03-22-2017 - OR)

United States of America v. Ammon Bundy, et al.

Portland, OR - Jury Acquits Ammon Bundy and Others On Federal Conspiracy Charges

The United States of America charged Ammon Bundy, Ryan Bundy, Kenneth Medenbach, David Fry and others on conspiracy and other charges relating to occuption of Oregon's Malheur National Wiildlire Refuge for 41 days in January and February, 2016.


Docket Entries for October 2016:

Date File... More...
   $0 (10-28-2016 - OR)

Paul Scott Schwarz v. Philip Morris USA, Inc.

The issue in this “low tar” tobacco case centers on a
jury’s award of punitive damages to plaintiff against defendant
Phillip Morris USA, Inc. (Philip Morris). Following a
trial in 2002, the jury awarded plaintiff $168,514 in compensatory
damages and $150 million in punitive damages.1
However, concluding that the trial court had not properly
instructed the jury on the issue... More...
   $0 (07-18-2015 - OR)

United States of America v. Steven Metheny

MEDFORD, OR - Steven Metheny, 45, Medford, Oregon was sentenced to 12.5 years in federal prison by U.S. Chief District Court Judge Ann Aiken after his convictions for conspiracy to commit mail and wire fraud and the making of false statements in defrauding the United States Forest Service in procuring helicopter firefighting contracts in 2008.

Levi Phillips, 48, Grants Pass, Oregon, was a... More...
   $0 (06-16-2015 - OR)

United States of America v. Johnny Brown, a/k/a Mickey

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)

WSB Investments, LLC v. Pronghorn Development Company, LLC

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)

Felipe Pereida-Alba v. Rich Coursey

The decision of the Court of Appeals is reversed. The
judgment of the circuit court is reversed, and the case is
remanded to the circuit court for further proceedings.
Walters, J., concurred in the judgment and filed an
opinion.
Baldwin, J., dissented and filed an opinion.
______________
* Appeal from Umatilla County Circuit Court, James R. Hargreaves, Judge.
252 Or... More...
   $0 (01-16-2015 - OR)

United States of America v. Harold Ray Bettencourt, Bo Bettencourt, Nicholas Ryan Bettencourt, Peter Tracy Bettencourt and Margo Antoinette Densmore



PORTLAND, Ore. — A Coos Bay business, its owner, and four employees pled guilty before the Honorable Michael J. Mosman in federal court today to conspiracy to defraud the United States. Kustom Products, Inc. (KPI), a vehicle parts supply business located in Coos Bay, Oregon, its owner, and four employees admitted that they committed fraud on contracts with the United States Department... More...
   $0 (07-18-2014 - OR)

Keely Rae Johnson Fuentes v. Mary L. Tillett

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)

Julie Miller v. Equifax Information Services, L.L.C.

Julie Miller sued Equifax Information Services, LLC on a Fair Credit Reporting Act (15 U.S.C. 1681) violation theory claiming to have been injured and harmed as a result of Equifax's failure to "fix" major mistakes on her credit report. She claimed that she called Equifax eight times between 2009 and 2011 in an effort to get the company to correct inaccuracies, including erroneous accounts and col... More...    $18600000 (07-28-2013 - OR)

Suzanne G. Franklin v. Employment Department

2 Claimant seeks review of a final order of the Employment Appeals Board
3 (EAB) determining that she was discharged for "misconduct connected with work," ORS
4 657.176(2)(a), and, therefore, that she is not eligible for unemployment benefits. The
5 EAB concluded that an on-the-job error that claimant made, which gave rise to a
6 disciplinary proceeding against her by the Oregon St... More...
   $0 (01-30-2013 - OR)

Jaswinder Singh v. Terence S. McLaughlin

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)

Smith & Nephew, Inc. v. Arthrex, Inc.

Smith & Nephew, Inc. (“Smith”) appeals from the final judgment of the United States District Court for the District of Oregon which granted judgment as a matter of law that Arthrex, Inc. (“Arthrex”) does not infringe claim 1 of U.S. Patent 5,601,557 (the “’557 patent”). Smith & Nephew, Inc. et al. v. Arthrex, Inc., No. 3:04-cv-00029-MO (D. Minn. Dec. 16, 2011) (Dkt. No. 1034). Becaus... More...    $0 (01-17-2013 - OR)

OSU Student Alliance v. Ed Ray

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)

Larry Murphy v. Allstate Insurance Company

2 Plaintiff brought this fraud action against defendant, alleging that he had
3 relied on statements by one of defendant's claims adjusters in entering a contract with a
4 contractor for repair work on plaintiff's rental property and, as a consequence, had been
5 damaged by the contractor's failure to obtain the building permits necessary to perform
6 the repairs and to make the re... More...
   $0 (07-25-2012 - OR)

Michael Moss v. United States Secret Service

During the 2004 presidential campaign, Plaintiff-Appellees, Michael Moss and others who opposed President Bush (“protestors” or “anti-Bush protestors”), organized a demonstration at a campaign stop in Jacksonville, Oregon. They contend that Secret Service agents, Defendant-Appellants Tim Wood and Rob Savage (“agents” or “Secret Service agents”), engaged in unconstitutional viewpoin... More...    $0 (04-09-2012 - OR)

Erin Smith v. Bend Metropolitan Park and Recreation Board

2 While running to prevent a child from falling into the water at a city
3 swimming pool, plaintiff slipped on a "splash pad" and slid into a slightly elevated
4 fountain fixture, seriously injuring her ankle. She brought this negligence action against
5 defendant, the City of Bend Metropolitan Park and Recreation District, alleging four
specifications of negligence.1 6 Two dealt w... More...
   $0 (12-14-2011 - OR)

Betty Pewther v. C Corp

2 In this breach of contract action, the trial court granted defendant
3 Whitaker's motion for summary judgment based on its determination that Whitaker was
not liable to plaintiff under the unambiguous terms of the parties' agreement.1 4 Plaintiff
5 contends that the trial court erred in granting Whitaker's motion and subsequently
6 dismissing him from the case. On appeal, we view... More...
   $0 (09-28-2011 - OR)

Estate of Maria Refugio Ibarra v. Dennis Mark Lilly

2 Plaintiffs were injured when their minivan collided with defendant's log
3 truck. A jury found that defendant's negligence had caused the accident and returned a
4 verdict that awarded economic damages to plaintiffs. The verdict, however, did not
5 award any noneconomic damages. Plaintiffs objected, and the court instructed the jury to
6 further deliberate on that point. After fu... More...
   $0 (08-31-2011 - OR)

Jennifer Michelle Holbert v. Philip Mathew Noon, Sr.

2 Respondent in proceedings under the Family Abuse Prevention Act
3 (FAPA) appeals, challenging the trial court's continuance of a FAPA restraining order
4 pursuant to ORS 107.718. On appeal, as before the trial court, respondent invokes State
5 ex rel Juv. Dept. v. Dompeling, 171 Or App 692, 17 P3d 535 (2000), and contends that
6 the evidence is insufficient under the standard of ... More...
   $0 (09-08-2011 - OR)

Kenneth Burdette v. Glen Eric Miller

Defendant Miller appeals from a judgment for plaintiff entered following a jury trial for personal injury damages arising from a motor vehicle accident.(1) Miller advances three interlocking assignments of error. Miller contends that the trial court erred in (1) striking, under ORCP 46 D, his defenses pertaining to liability as a sanction for his failure to appear at noticed depositions; (2) denyi... More...    $0 (11-30--0001 - OR)

The Estate of Michelle Schwarz v. Philip Morris, Inc. nka Philip Morris USA, Inc.

The matter before the court is plaintiff's petition for reconsideration of our decision in Estate of Michelle Schwarz v. Philip Morris Inc., 348 Or 442, 235 P3d 668 (2010). On reconsideration, we clarify that the issue on remand is not whether defendant is liable for punitive damages, but rather what is the correct amount of those damages. We also address defendant's statement of costs and disbu... More...    $0 (12-30-2010 - OR)

Ken Hamlin v. Hampton Lumber Mills, Inc.

In this case, plaintiff was injured while working at defendant's mill. When plaintiff was released to return to work, defendant refused to reinstate him as required by ORS 659A.043, falsely asserting that he was a "safety risk." A jury awarded plaintiff lost wages of $6,000 and punitive damages of $175,000. On appeal, the Court of Appeals held that the punitive damages award was "grossly excess... More...    $0 (01-06-2011 - OR)

Shane Dawson v. Entek International

Shane Dawson (Dawson), a male homosexual, appeals the district court’s grant of summary judgment in favor of his former employer, Entek International (Entek), on claims of discrimination arising from his termination. Entek is an Oregonbased company that manufactures polyethylene battery separators. On appeal, Dawson argues that the district court erred when it applied the McDonnell Douglas Corp.... More...    $0 (01-11-2011 - OR)

Nina Terlyuk v. Viktor Krasnogorov

The trial court granted defendant's motion to set aside a default judgment on plaintiffs' personal injury claim pursuant to ORCP 71 B(1)(a) ("mistake, inadvertence, surprise, or excusable neglect"), and plaintiffs appeal, contending that defendant failed to establish a basis for relief from the default judgment. Defendant argued to the trial court that relief should be allowed because of his mist... More...    $0 (09-29-2010 - OR)

The Estate of Michelle Schwarz v. Philip Morris Incorporated

The Due Process Clause of the Fourteenth Amendment(1) prohibits a jury from imposing punitive damages to punish a defendant directly for harm caused to nonparties. However, a jury may consider evidence of harm to others when assessing the reprehensibility of the defendant's conduct and the appropriate amount of a punitive damages verdict. Philip Morris USA v. Williams, 549 US 346, 356-57, 127 S ... More...    $0 (06-25-2010 - OR)

John M. Gardner, et al. v. Tom Martino, dba Tom Martino Show; Westwood One, Inc., Clear Channel Communications, Inc.

Plaintiffs-Appellants, John M. Gardner, Susan L. Gardner, and Mt. Hood Polaris, Inc. (collectively “Appellants”) brought this action against Defendants-Appellees, Tom Martino, Westwood One, Inc., (collectively “Appellees”) and Clear Channel Communications, Inc.,1 for defamation, false light invasion of privacy, intentional interference with economic relations, and intentional interference ... More...    $0 (04-24-2009 - OR)

Kathleen M. Worman and Jeffrey Worman v. Columbia County, Oregon

After discovering damage to the trees and shrubs on their property, plaintiffs Kathleen and Jeffrey Worman brought inverse condemnation, negligence, and timber trespass claims against defendant Columbia County based on allegations that the damage resulted from herbicide sprayed by county personnel. The trial court granted summary judgment in favor of the county, and plaintiffs appeal. We affirm ... More...    $0 (10-17-2008 - OR)

ZRZ Realty Company, et al. v. Beneficial Fire and Casualty Insurance Company, et al.

This insurance coverage dispute involves environmental contamination that resulted from plaintiffs' dismantling of navy and merchant marine vessels at a site along the Willamette River. Plaintiff ZRZ Realty owns that site, known as the "Moody Avenue site." The other plaintiffs conducted operations at the site or are successors-in-interest to prior site operators. We refer to plaintiffs collectivel... More...    $0 (10-01-2008 - OR)

Ken Hamlin v. Hampton Lumber Mills, Inc.

Defendant appeals a judgment awarding plaintiff $175,000 in punitive damages for defendant's failure to comply with ORS 659A.043(1) when it did not reinstate plaintiff as an employee after he had recovered from a work-related injury. (1) Defendant makes two assignments of error: (1) the trial court erred in denying its motion for a directed verdict on plaintiff's claim for punitive damages, and (2... More...    $0 (09-21-2008 - OR)

Garland Snider v. Production Chemical Manufacturing, Inc.

Defendant appeals a judgment, following an adverse jury verdict, in plaintiff's breach of contract action against defendant, his former employer, for unpaid salary, commissions, and business expenses. On appeal, defendant raises seven assignments of error. We write to address only four of those assignments: that the trial court erred in denying defendant's petition to compel arbitration and that t... More...    $0 (08-13-2008 - OR)

David Schmidt v. Archdiocese of Portland Oregon

Plaintiff initiated an action in tort against the Catholic Archdiocese of Portland, Mt. Angel Abbey, and Charvet, a former priest at the abbey. (1) The action was based on plaintiff's allegations that Charvet masturbated in his presence on one occasion during plaintiff's freshman year of high school at Mt. Angel Seminary and that another priest, Frank, who is now deceased, sexually assaulted him w... More...    $0 (03-19-2008 - OR)

Kenneth R. Perry v. Scott J. Rein, et al.

Plaintiff, an attorney, appeals a judgment dismissing his claims for wrongful initiation of civil proceedings. Those claims allege that defendants, attorneys Rein and Teicher and their respective law firms, prosecuted an action against him in federal court without probable cause and with an improper purpose. The trial court granted defendants' motions for summary judgment on the ground that p... More...    $0 (09-26-2007 - OR)

Planned Parenthood of Columbia/Willamette, Inc., et al. v. American Coalition of Life Activists, et al.

American Coalition of Life Activists and thirteen others (collectively, ACLA)1 appeal the decision of the district court on remand that the $108.5 million in punitive damages awarded by a jury in 1999 for violations of the Freedom of Access to Clinic Entrances Act (FACE), 18 U.S.C. § 248, comports with due process. Planned Parenthood of the Columbia/Willamette, Inc. v. American Coalition ... More...    $526336 (09-09-2005 - OR)

Kristianne M. Boyd v. Benton County, et al.

Kristianne Boyd brought suit under 42 U.S.C. § 1983 against members of the Corvallis Police Department ("CPD") and the City of Corvallis (the "City") (together the "City defendants") and members of the Benton County SWAT Team and Benton County (together the "County defendants") (collectively, "Defendants") for violation of her Fourth

8592 BOYD v. BENTON COUNTY

Amendment rights duri... More...    $0 (06-30-2004 - OR)

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