by Leslie Kocher-Moar | May 7, 2016
On May 5, 2016, the Oregon Supreme Court issued its opinion in Horton v. OHSU, SC S061992 (May 5, 2016). It is 141 pages long and significantly changes Oregon law. In summary: Plaintiff obtained a jury verdict in a medical malpractice case of approximately...
by Chelsey Thorne | Jan 12, 2016
by Leslie Kocher-Moar and Chelsey Thorne It has been over ten years since Koch v. Spann, 193 Or.App. 608, 92 P.3d 146 (2004) was decided, but is still often cited in insurance subrogation cases. In this seminal subrogation case, the Oregon Court of Appeals declined...
by Kristin Tannler | Jan 6, 2016
by Megan L. Ferris and Kristin M. Welsh The Oregon Supreme Court in Brownstone Homes Condo. Assn. v. Brownstone Forest Heights, LLC, and Capital Specialty Insurance Co., 358 Or 223 (2015) recently overruled more than forty years of precedent (Stubblefield v. St. Paul...
by Leslie Kocher-Moar | Jun 30, 2014
A recent decision by the Oregon Court of Appeals has refined the meaning of foreseeability in the context of negligence claims. In Chapman v. Mayfield, A150341, 2014 WL 2608550 (Or Ct App June 11, 2014), defendant’s bar continued to serve alcoholic beverages to...
by Leslie Kocher-Moar | Jun 4, 2014
A recent decision by the Oregon Supreme Court has clarified the requirements for an ORCP 47 E declaration to overcome a motion for summary judgment in the context of a negligence action. The case, Linda Two Two v. Fujitec America, Inc., 355 Or 319 (2014), arose from...
by Megan Ferris | May 22, 2014
A recent opinion by Oregon District Court Judge Michael H. Simon established that the Oregon District Court would adhere to precedent established in the Court of Appeals for the Ninth Circuit, refusing to recognize a federal privilege with respect to medical peer...