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Oregon Supreme Court Updates
Girod v. Kroger
Ballot Titles: As written, ballot titles must be accurate, state the scope of their effect, and comply with ORS 250.035(2).
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Weber Coastal Bells v. Metro
Land Use: Metro did not exceed its statutory authority when it approved a land use order on the basis of political necessity because the act that granted it authority for such approval did not state otherwise.
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In re Marandas
Civil Law: An attorney may refuse to disclose the details of a settlement agreement due to confidentiality concerns if there is a basis in law and fact for such a claim and the actions taken do not prejudice the administration of justice.
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Carson v. Kroger
Ballot Titles: A "no" vote result statement under ORS 250.035(2) must be a simple and understandable statement under 25 words that describes the result of a "no" vote, or a rejection of the measure.
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Petock v. Asante
Workers Compensation: For the purposes of determining reinstatement and reemployment rights of an employee recovering from a workers' compensation injury, the proper questions to ask are 1) did the claimant suffer a compensable injury, and 2) did the injury occur within the three-year statute of limitations period.
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Robinson v. Public Employees Retirement Board
Employment Law: Concerning the PERS statutory contract - when a court invalidates a statutory mechanism, the Legislative Assembly remains free to provide a remedy for those who have lost payments they would have received pursuant to the mechanism.
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State v. Rainoldi
Criminal Law: The crime "felon in possession of a firearm" does not require a culpable mental state; if it did, it would encourage ignorance of whether a person is a felon or not, and frustrate the purpose of the statute, which is to keep firearms away from criminals.
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A.G. v. Guitron
Civil Procedure: Civil Procedure: ORCP 44C requires plaintiffs to produce all written reports of any examinations relating to the injuries of the claim upon request by defendant, regardless of whether their treating physician, or an expert retained solely for litigation performs the examination.
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White v. Public Employees Retirement Board
Trusts and Estates: When a trustee has a fiduciary duty, his or her actions will be reviewed based on the reasonableness of his or her decision-making, rather than purely weighing the costs versus the benefits.
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Girod v. Kroger
Ballot Titles: A ballot title’s caption must be specific enough for voters to identify the major effects of the proposed measure.
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