PUBLISHED OPINIONS
Examples of issues won on appeal...
PUBLISHED OPINIONS
Examples of issues won on appeal...
EMPLOYMENT LAW
Hall v. State, 274 Or App 445 (2015) (employment law. whistleblower and wrongful discharge claims against State of Oregon, Oregon Youth Authority, for termination of employment after reporting being poisoned at work; State moved for summary judgment because employee's believe in evidence of unlawful activity was not objectively reasonable with the benefit of hindsight; this case clarified that the standard under ORS 659A.230 is that the employee's belief in evidence of unlawful activity need be in good faith and subjectively reasonable under the circumstances).
CRIMINAL LAW
State v. Patterson, 269 Or App 226 (2015) (criminal sentencing law. defendant admitted to two violations of probation on felony convictions. trial court erred when it "sentenced" defendant to prison time. case clarifies that the trial court is imposing revocation sanctions upon revocation of probation and is not issuing a new sentence on the conviction underlying the probation).
CIVIL RIGHTS
Skille v. Martinez, 288 Or App 207 (2017) (Oregon tort claims act, statute of limitations. claims against State of Oregon, Department of Human Services, Oregon State Hospital for grooming and sexual assault of a patient by an employee; State moved for summary judgment based on statute of limitations; plaintiff argued that she could not have reasonably discovered that the nature of the conduct against her was tortious at the time it was happening because of her mental state and relationship with the aggressor; court held that the standard courts must apply when determining when a plaintiff should reasonably have discovered the harm, cause, and tortious nature of the conduct from the perspective of an objectively reasonable person in the circumstances of the plaintiff including status, relationship between the parties, and the nature of the harm suffered).
FAMILY LAW
Wanting & Wanting, 306 Or App 480 (2020) (divorce and child custody. trial court awarded custody to father without taking into account the statutory preference for mother as the primary caretaker; court of appeals held that the trial court must consider the statutory preference for custody with the primary caregiver, vacated the trial court judgment and remanded for further proceedings).