by Leslie Kocher-Moar | Jun 14, 2015
Plaintiff had brought product liability claims against Dynacco and others, alleging plaintiff’s decedent died as a result of exposure to benzene-containing products, some of which were allegedly manufactured by Dynacco. The trial court dismissed all claims against...
by Melanie Rose | Jun 14, 2015
In Bagley v. Mt. Bachelor, Inc., the Oregon Supreme Court recently refused to enforce the preemptory release the Mt. Bachelor ski resort was requiring patrons purchasing season passes to accept, holding that the release was unconscionable. 356 Or. 542 (2014). The...
by Megan Ferris | Nov 20, 2014
As discussed below, two recent Oregon Court of Appeals decisions have shed further light on statute of repose and litigation issues in construction defect cases. The two companion cases are Riverview Condo. Ass’n v. Cypress Ventures, Inc., No. 100710713, 2014 WL...
by Leslie Kocher-Moar | Nov 14, 2014
ORS 742.061 (emphasis added) provides in relevant part: “…if settlement is not made within six months from the date proof of loss is filed with an insurer and an action is brought in any court of this state upon any policy of insurance of any kind or nature, and...
by Leslie Kocher-Moar | Oct 24, 2014
The Oregon Court of Appeals finally and unequivocally recognized the availability of the forum non conveniens doctrine in Oregon state courts, laying to rest an unanswered legal question existing since the early 1900s. The case, Espinoza v. Evergreen Helicopters,...
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...
