Oregon Laches Law

Greenwood Products v. Greenwood Forest Products

This case has a complex procedural history that the Court of Appeals thoroughly described in its opinion. For the sake of brevity and clarity, we take a condensed version of that history from the opinion of the Court of Appeals and the record. Defendants were in the business of processing 1 Defendants are Greenwood Forest Products, Inc. and two of its principals, Dovenberg and LeFors. For th... More...

$0 (09-11-2015 - OR)

Gordon J. Zielinski v. State of Oregon

In this declaratory judgment action, plaintiffs seek to compel the state to construct a railroad crossing on their property according to the terms of a 1906 deed. The trial court granted plaintiffs' motion for summary judgment. Because we agree with the state that plaintiffs' claim is untimely, we reverse and remand. This case concerns a parcel of real property located ... More...

$0 (02-11-2015 - OR)

Natache Guirma v. Kathleen O'Brien

2 In this professional negligence action, plaintiff alleged that defendant, an 3 attorney who represented her in an adoption proceeding, committed malpractice by 4 arranging to serve the birth mother with the adoption petition by publication. Defendant moved to dismiss the complaint under ORCP 21 A(9)1 5 on the ground that it was untimely under the statute of limitations for profes... More...

$0 (12-11-2013 - OR)

William Walter Endres v. Driver and Motor Vehicle Services Division (DMV)

2 Petitioner seeks judicial review of final orders of the Department of 3 Transportation, Driver and Motor Vehicle Services Division (DMV), that separately 4 suspended petitioner's Oregon driver license and Oregon identification card for one year 5 because petitioner knowingly gave false information when he applied for an Oregon 6 driver license, permit or identification card. See ... More...

$0 (02-13-2013 - OR)

Jon Frankes v. Tim Nay

2 Respondent Frakes,1 2 a beneficiary of the Saling Family Trust (the trust), 3 appeals the trial court's grant of summary judgment in favor of petitioners, the Carol and 4 Velma Saling Foundation (the foundation), which is another beneficiary of the trust, and 5 Nay, the trustee of the trust. The trial court concluded that the terms of the trust entitle 6 respondent to receive two... More...

$0 (12-14-2011 - OR)

Michael Coleman Hammond v. Jerry James Hammond

2 Acy Dean Hammond, who died in October 2001, had three sons: petitioner 3 Michael Hammond, and respondents Sherman Hammond and Jerome "Jerry James" 4 Hammond. This case relates to the sons' disagreement about which of them now own 5 certain real property in Jackson County that Acy owned while she was alive. The dispute 6 arose because of a disparity in terms between (1) a 1985 dee... More...

$0 (12-07-2011 - OR)

Joseph S. Livingston v. Metropolitan Pediatrics, L.L.C.; Heather M. Moore, M.D.; Dean A. Moshofsky, M.D.; Karen H. Lickteig, M.D.; Gwynneth G. Neace, D.O.: Ricahrd Barsotti, M.D.; Gaile A. Rydell, M.D.; Catherine Thomas; PMP; Karen Heichelheim; Mary Kay Brady; and Nicole Huyck, aka Nichole Powers

Plaintiff brought common-law claims against defendants for wrongful discharge, breach of contract, intentional infliction of emotional distress, and intentional interference with economic relations, and brought statutory claims of employment discrimination, ORS 659A.230 (whistleblowing),(1) and blacklisting, ORS 659.805.(2) This is an interlocutory appeal of an order denying defendants' motion t... More...

$0 (03-03-2010 - OR)

Viola Eichner v. Larry Anderson, Shawn Anderson, Ronald Nelson, Nancy Nelson, Gavrila Mircea, Dominica Mircea, William Dassenko, James Tallman, and David Eby

Plaintiffs, Viola and Virgil Eichner, brought an action to quiet title to a strip of real property in Clackamas County. The trial court found plaintiffs to be the owners of the property through adverse possession. On appeal, defendants contend that the court erred in determining that plaintiffs' occupation of the disputed land met the requirements for adverse possession and that, even if it did,... More...

$0 (07-08-2009 - OR)

<a href="http://www.publications.ojd.state.or.us/S53242.htm" target="_new">David Lee Carey and Tanya Maria Carey v. Lincoln Loan Company</a>

Is the Court of Appeals lawfully constituted? Defendant Lincoln Loan Co. argues that it is not, because -- in defendant's view -- the provision of the Oregon Constitution that purports to authorize the legislature to establish courts was improperly adopted in 1910. It therefore follows -- again, in defendant's view -- that, when the legislature created the Court of Appeals by statute in 1969, i... More...

$0 (04-24-2007 - OR)

<a href="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/5294A335AAD5EE2A88257203007AF2B1/$file/0435843.pdf?openelement" target="_new">Tallamook Country Smoker, Inc. v. Tallamook County Creamery Association</a>

The Tillamook County Creamery Association, the maker of the Tillamook brand of cheese for nearly a hundred years, has a beef with a company called Tillamook Country Smoker, a purveyor of smoked meats and jerky. In 1976, Tillamook Country Smoker began selling its meat products under its name. The cheese people had actual knowledge of Tillamook Country Smoker's activities, but never said a ... More...

$0 (10-12-2006 - OR)

<a href="http://www.ca9.uscourts.gov/ca9/newopinions.nsf/98260AFB01FBD52888256CB60050B330/$file/0135412.pdf?openelement" target="_new">American States Insurance Company, and Americqan Economy Insurance Company v. Dastar Corporation, an Oregon corpora

Dastar Corporation, Entertainment Distributing, and Marathon Music & Video (collectively "Dastar") appeal the district court's grant of partial summary judgment in favor of American States Insurance Company and American Economy Insurance Company (collectively "American") on the sole issue of whether American owed Dastar a duty to defend in a separate action. Because the parties have engaged ... More...

$0 (01-22-2003 - OR)