Oregon Intentional Law

Alana Marie Souza, et al. v. Brick House, Inc.

Eugene, Oregon intellectual property lawyers represented the Plaintiffs who sued the Defendant on a 15 U.S.C. 1125 Trademark Infringement (Lanham Act) violation theory. 15 U.S.C. 1125 provides: (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any... More...

$0 (12-10-2023 - OR)

Jose Casiano Sosa v. State Farm Mutual Automobile Insurance Company

Eugene, Oregon insurance law lawyers represented the Plaintiff who sued the Defendant on a bad faith breach of insurance contract theory. Sosa was injured by an uninsured motorist while driving a vehicle he owned that was covered by a State Farm policy. State Farm paid out to Sosa the maximum damages available under that policy. Sosa, however, also holds State Farm policies insuring... More...

$0 (09-22-2023 - OR)

Sarah Meyer and Gail Wooldridge v. State of 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 remaini... More...

$0 (07-05-2018 - OR)

Matthew J. Mason v. BCK Corporation

Plaintiff appeals from a limited judgment that, on a motion for summary judgment, dismissed his liquor liability claim against defendant BCK Corporation, the operator of Duffy’s Irish Pub. Plaintiff had alleged that defendant had overserved Mullenix while she was visibly intoxicated and that he was later injured while a passenger in a car that Mullenix drove. Defendant sought summary judgment, a... More...

$0 (07-16-2018 - OR)

Douglas Ossanna v. Nike, Inc.

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 defenda... More...

$0 (01-31-2018 - OR)

Martin Allen Johnson v. Jeff Premo

In a two-phased jury trial, petitioner was convicted of aggravated murder and sentenced to death for killing a fifteen-year-old girl, HF. The state’s theory of the case was that petitioner had killed HF intentionally in furtherance of, or in an effort to conceal, the commission of sexual offenses against her. This court affirmed his convictions and sentence. State v. John... More...

$0 (08-03-2017 - OR)

Liberty Ann Jones v. Scott V. Mears

Husband appeals a supplemental judgment entered in February 2015 that modified his child support obligation. On appeal, husband argues that the trial court erred in imputing to him potential income of $80,000. Because we conclude that husband invited that purported error, we affirm. Husband and wife have one child. In 2013, husband moved to modify his child support obli... More...

$0 (06-01-2017 - Or)

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)

Jose H. Lizarraga-Regalado v. Jeff Premo

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... More...

$0 (03-01-2017 - OR)

Jeffrey Dale Tiner v. Jeff Premo

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 ... More...

$0 (03-01-2017 - OR)

A&T Siding, Inc. v. Capitol Specialty Ins. Corp.

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 ... More...

$0 (10-09-2015 - 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... 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)

Kurtiss Teegarden v. State of Orgeon

Plaintiff, who is a former employee of the State of Oregonâ€”specifically, Oregon Youth Authorityâ€”filed a complaint seeking damages from the state and Sid Thompson, the superintendent of MacLaren Youth Correctional Facility where plaintiff had worked (collectively, OYA).1 After OYA moved for judgment on the pleadings pursuant to ORCP 21 B, the trial court conclu... More...

$0 (04-15-2015 - OR)

Tabitha Becker v. Hoodoo Ski Bowl Developers, Inc. d/b/a Hoodo Ski Area

Plaintiff Becker, who was injured by a chair lift at Hoodoo's ski area, brought this negligence action against defendant Hoodoo Ski Bowl Developers, Inc. (Hoodoo). Hoodoo filed a motion for summary judgment, arguing that it was entitled to the affirmative defense of release, and Becker filed a cross-motion for partial summary judgment, arguing that the release was unenforce... More...

$0 (03-18-2015 - 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 by<b... More...

$0 (02-25-2015 - OR)

Judy Johnson v. Joe James

Defendant appeals a judgment in an action for battery and negligence arising from an incident in which defendant engaged in unprotected sexual intercourse with plaintiff without disclosing that he carries the herpes simplex virus-2 (HSV-2), commonly known as genital herpes. Plaintiff consequently became infected with genital herpes and brought this action. Defendant argues,... More...

$0 (02-11-2015 - OR)

State ex rel Mel Stewart v. City of Salem

This matter is before us for a second time. See State ex rel Stewart v. City of Salem, 241 Or App 528, 251 P3d 783 (2011) (Stewart I). Relator, in a mandamus proceeding, appeals from a judgment that, in pertinent part, denied his request for attorney fees incurred in ultimately, successfully obtaining a peremptory writ. ORS 34.210(2). We affirm.1 As recounted in Stewart I, ... More...

$0 (01-22-2015 - OR)

Mark Vukanovich v. Larry Kine

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 b... More...

$0 (01-11-2015 - OR)

Kevin Rains v. Stayton Builders Mart, Inc.

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)

David Schmidt v. David Slader

2 In this legal malpractice case, plaintiff challenges the trial court's grant of 3 summary judgment in favor of defendant, David Slader, the attorney who represented 4 plaintiff in his child sex abuse case against the Archdiocese of Portland and Mt. Angel Abbey.1 5 In that case, defendant alleged that the Archdiocese was vicariously liable for 6 acts of abuse by a priest. The Arch... More...

$0 (05-29-2014 - OR)

Joan Rice v. Mary Rabb

2 This case requires us to decide whether the six-year statute of limitations 3 applicable to conversion and replevin claims under ORS 12.080(4) incorporates a 4 discovery rule to determine when such claims "accrue" pursuant to ORS 12.010. The 5 Court of Appeals concluded that the limitation prescribed by ORS 12.080(4) begins to 6 run at the time of the wrongful taking of personal ... More...

$0 (01-30-2014 - OR)

Lena Hamlin v. The Wilderville Cemetery Association

2 Plaintiff brought several claims against defendant, a nonprofit corporation 3 that operates Wilderville Cemetery, relating to defendant's burial of her late husband, and 4 now appeals the trial court's award of summary judgment to defendant. Plaintiff and her 5 husband, Donald (collectively, the Hamlins), had purchased a plot in defendant's 6 cemetery, and the lawsuit involves cl... More...

$0 (10-30-2013 - OR)

Beverly K. Young v. Brenda Davis

2 Plaintiff appeals a judgment dismissing her claims for defamation and 3 wrongful use of civil proceedings. As pertinent to this appeal, the judgment was entered 4 after the trial court granted defendant's special motion to strike, which was brought 5 pursuant to ORS 31.150, Oregon's "anti-SLAPP" (Strategic Lawsuits Against Public 6 Participation) statute. Plaintiff argues that th... More...

$0 (11-20-2013 - OR)

Thomas J. Minihan v. Thomas Stiglich

2 Defendant Stiglich and plaintiff Minihan are neighbors in a residential area 3 located next to the Willamette River. Plaintiff, along with several dozen other 4 homeowners not including defendant, owns an undivided interest in a narrow lot that 5 provides access to the river. The southern border of plaintiff's access lot runs along the 6 northern border of defendant's property. A... More...

$0 (10-09-2013 - 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)

Ronald Doyle v. City of Medford

2 This case involves four plaintiffs, each of whom retired from employment 3 with the City of Medford (the city) and each of whom attempted to elect to continue the 4 health insurance coverage that the city had provided to them as employees. But the city's 5 health insurance plan that applied to plaintiffs at the time of their retirement did not 6 provide coverage for retirees. Alt... More...

$0 (05-15-2013 - OR)

Ashley Schutz v. La Costita, III, Inc.

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)

Wood Park Terrace Apartments Limited Partnership v. Tri-Vest

Plaintiff appeals a judgment for defendant, assigning error to the trial court's grant of defendant's summary judgment motion, which was based on the court's conclusion that plaintiff's action for negligence, negligence per se, and nuisance was time barred. We conclude that the trial court correctly granted summary judgment to defendant and, accordingly, affi rm. Plaintiff owns the Wood Par... More...

$0 (01-30-2013 - OR)

Gary B. Cron v. Shawnita Zimmer

2 Plaintiffs appeal from a general judgment dismissing their interference with 3 economic relations, conversion, and unjust enrichment claims. Plaintiffs assign error to 4 the trial court's grant of defendant's motion for summary judgment. Because we conclude 5 that plaintiffs demonstrated sufficient evidence for a trial on their interference with 6 economic relations, conversion, ... More...

$0 (02-06-2013 - OR)

Cornus Corporation v. Geac Enterprises Solution, Inc.

2 Plaintiff filed an action in state court for damages arising out of a software 3 sales contract with defendants. The trial court dismissed plaintiff's case, ruling that it was 4 barred by the doctrine of claim preclusion. Previously, a federal district court had 5 dismissed a similar action by plaintiff under Federal Rule of Civil Procedure (FRCP) 6 41(b) for plaintiff's negligen... More...

$0 (10-03-2012 - 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)

Laurie Paul v. Providence Health System-Oregon

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)

T.M.B. v. Stephen R. Holm

2 Petitioner sought, and was granted, a stalking protective order (SPO) 3 against respondent. Respondent appeals, arguing that the trial court erred in considering 4 respondent's speech and failing to require a culpable mental state with regard to 5 petitioner's alarm from one of respondent's contacts of petitioner. We disagree. 6 Therefore, we affirm. 7 Petitioner and respondent, who live in the ... More...

$0 (02-29-2012 - OR)

Ryan Bonneau v. Centennial School District No. 28J

In the wake of concerns about delayed reporting of child abuse, Oregon, like a number of states, adopted a special statute of limitations for abuse victims. Under the Oregon statute, an action must be commenced before the person reaches age 40 or within five years of discovery of the causal connection between the abuse and the injury. Or. Rev. Stat. Â§ 12.117(1). The question we consider is the ... More...

$0 (01-11-2012 - OR)

Hope Glenn v. Washington County

Eighteen-year-old Lukus Glenn was shot and killed in his driveway by Washington County police officers. His mother had called 911 for help with her distraught and intoxicated son after Lukus began threatening to kill himself with a pocketknife and breaking household property. Within four minutes of their arrival, officers had shot Lukus with a "less-lethalâ€ beanbag shotgun, and had fatally s... More...

$0 (12-27-2011 - OR)

Erin Williamson v. Governmental Employees Insurance Co.

2 Plaintiff appeals a supplemental judgment denying her attorney fees, 3 challenging the trial court's rejection of her exceptions, ORS 36.425(6), to the arbitrator's 4 denial of her fee petition. The trial court sustained the arbitrator's determination that 5 plaintiff had no entitlement to attorney fees under ORS 20.080 and further held that, 6 because plaintiff had not invoked O... More...

$0 (12-14-2011 - OR)

Hope Green v. Washington County

Eighteen-year-old Lukus Glenn was shot and killed in his driveway by Washington County police officers. His mother had called 911 for help with her distraught and intoxicated son after Lukus began threatening to kill himself with a pocketknife and breaking household property. Within four minutes of their arrival, officers had shot Lukus with a "less-lethalâ€ beanbag shotgun, and had fatally s... More...

$0 (11-04-2011 - OR)

Bobbi Klutschkowski v. Peacehealth

2 Defendant Oregon Medical Group, P.C. (OMG) appeals a general judgment 3 entered on a jury verdict in favor of plaintiffs Bobbi and Kevin Klutschkowski and their 4 son Braedon Klutschkowski in this medical negligence action arising from the 5 circumstances of Braedon's birth and a supplemental judgment awarding plaintiffs their costs and disbursements.1 6 On appeal, OMG contends, ... More...

$0 (09-21-2011 - OR)

Jack Stewart v. Kids Incorporated of Dallas, Oregon

2 Plaintiff brought this action for negligence against defendants Kids 3 Incorporated of Dallas, Or (Kids Inc.), and SLD, Inc., dba Dairy Queen of Dallas (Dairy 4 Queen), seeking damages for injuries sustained by plaintiff's ward, Jane Doe, when she 5 was sexually assaulted while attending a car wash fund-raiser sponsored by Kids Inc. at 6 Dairy Queen's restaurant. Defendants each ... More...

$0 (08-31-2011 - OR)