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)

Eugene, OR - Jennifer Wheeler sued Safeway, Inc. on a personal injury negligence theory.

The Complaint filed by Ms. Wheeler stated in part:

For Plaintiff Jenna Wheeler’s claims for relief against Defendant Safeway, Inc., Plaintiff states:
Parties
1.

Defendant Safeway, Inc., is a foreign corporation incorporated in Delaware and with its princi... More...    $0 (05-09-2018 - 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)

The issue presented is whether an adult foster care
provider claiming unjust enrichment may recover the reasonable
value of its services from a defendant who, through
fraud, obtained a lower rate from the provider for the services.
We conclude that, generally, a defendant who obtains
discounted services as a result of fraud is unjustly enriched
to the extent of the reasonab... More...    $0 (11-09-2017 - 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)

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)

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)

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)

Portland, OR - Strip Club Operator Sentenced to Prison for Promoting Prostitution Scheme and Engaging in Tax Fraud

U.S. District Court Judge Michael H. Simon sentenced Lawrence G. Owen, 75, to 30 months in federal prison. The sentence immediately followed Owen’s guilty plea for promoting prostitution at ten Portland-area strip clubs and adult video stores and for conspiring to defraud the... More...    $0 (04-17-2017 - OR)

In this wrongful discharge case, plaintiff appeals
the trial court’s judgment in favor of plaintiff’s former
employer, defendant Washington County.1 Plaintiff asserts
that the trial court erred when it granted a directed verdict
to the county based on its conclusion that plaintiff was
not fulfilling an important public duty, which is a required
element of a wrongful dischar... More...    $0 (02-08-2017 - OR)

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 of... More...    $0 (02-23-2017 - 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)

Marshall Johnson is the beneficiary of a right to
periodic payments under a structured settlement agreement.
Petitioner J. G. Wentworth Originators, LLC (J. G.
Wentworth) brought this special proceeding under ORS
33.857 to 33.875 (2005),1 seeking to purchase at a discount
Johnson’s right to one future annuity payment and a portion
of a future lump sum payment. The trial cou... More...    $0 (03-01-2017 - OR)

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)

This is the second time that we are asked to review an
order of the Workers’ Compensation Board relating to claimant’s
entitlement to a penalty under former ORS 656.268(5)(d)
(2009), renumbered as ORS 656.268(5)(f) (2015),1 and attorney
fees under ORS 656.382(1), for employer’s failure to
close her claim within 10 days of her September 30, 2009,
request for closure.
In ... 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)

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)

Plaintiff was seriously injured when he was hit by
a car while crossing South Riverside Avenue at its intersection
with Ninth Street in Medford. There are no traffic signals
controlling that intersection, but the City of Medford
has installed a crosswalk across South Riverside Avenue on
the south side of the intersection. Plaintiff was in that crosswalk
when he was hit, and... More...    $0 (03-29-2017 - OR)

Auto insurers in Oregon must provide personal
injury protection (PIP) benefits to their insureds for certain
automotive injury-related expenses, regardless of who is at
fault in an accident. ORS 742.520(1). The PIP medical benefits
at issue in this case “consist of the following payments for
the injury or death of each person” covered: “All reasonable
and necessary expenses... More...    $0 (02-16-2017 - OR)

The primary question in this case is whether the
Due Process Clause of the Fourteenth Amendment permits
Oregon to exercise general jurisdiction over an interstate
railroad for claims unrelated to the railroad’s activities in
this state. The trial court ruled that it could exercise general
jurisdiction over the railroad and denied the railroad’s
motion to dismiss plaintiff’s... 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)

Seattle, WA - resham Medical Practice Manager Sentenced to Prison for False Billing and Tax Fraud

United States District Court Judge Robert E. Jones sentenced Anthony C. Neal to one year and one day in federal prison followed by three years of supervised release. Neal pleaded guilty in July 2016 to engaging in a seven-year health care fraud scheme and conspiring to defraud the Internal Re... More...    $0 (04-09-2017 - OR)

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)

Medford, OR - Former Southern Oregon Gymnastics Coach Sentenced to 25 Years in Prison for Sexual Exploitation of Minors

Jeffrey Scott Bettman, 57, of Medford, Oregon, was sentenced yesterday by U.S. District Judge Ann Aiken to 25 years in prison, based on his January 2016 guilty pleas to eleven counts of sexual exploitation of a minor, and one count of distribution, receipt and possession... More...    $0 (08-12-2016 - OR)

Portland, OR - Prominent Bend Plumber Sentenced for Filing False Tax Returns

U.S. District Court Chief Judge Ann Aiken sentenced Gary L. Ford, 55, of Bend, Oregon, to 18 months in prison for filing false tax returns in 2007, 2008, and 2009. Judge Aiken also sentenced Ford to serve one year of supervised release and ordered him to pay $580,454 in restitution, representing the amount Ford ... More...    $580454 (01-07-2016 - OR)

The pertinent facts in this matter are uncontested. In January 2011, defendant was indicted on 21 felony counts, including nine counts of aggravated murder, for allegedly causing the death of Rainier Police Chief Ralph Painter. Shortly after defendant was indicted, his attorneys became concerned about his ability to aid and assist in his defense. The defense hired a psychiatrist, Dr. Larsen, to ev... More...    $0 (10-09-2015 - OR)

The Brownstone Homes Condominium Association discovered defects in the construction of its 26-building condominium complex, including wood decay, flashing delamination, and water penetration. In consequence, Brownstone initiated a negligence action against the general contractor who built the complex, as well as one of its subcontractors, A&T Siding. Brownstone estimated that A&T’s share of the co... More...    $0 (10-09-2015 - 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)