Many people with disabilities have service dogs. Children with service dogs may bring them to school to assist them. Sometimes schools resist. A recent Supreme Court case, Fry. v. Napoleon Community Schools, No. 15-497 (U.S., Feb. 22, 2017), <https://www.supremecourt.gov/opinions/16pdf/15-497_p8k0.pdf>, helps clarify when objections should be made through administrative proceeding and when students can file a lawsuit Read the rest of this entry »
In my last article, I wrote about how evidence is determined to be relevant to an issue in a case. <https://danielreitman.wordpress.com/2017/02/24/explaining-relevance-of-evidence/>. Another recent case, Gaylord v. DMV, 283 Or App 811 (2017), <http://www.publications.ojd.state.or.us/docs/A155084.pdf>, shows how relevance can be considered beyond the basic pleadings. Read the rest of this entry »
One feature any evidence must have to be considered by a court or jury is relevance to an issue in the case. The idea is that judges and jurors shouldn’t let prejudicial information sway their thinking. If a defendant, for example, has several convictions for other charges, the jury won’t be told that unless the prosecution can come up with a legitimate reason to bring it up, and simple propensity isn’t enough. A recent case from Oregon, Bergstrom v. Assoc. for Women’s Health of So. Ore., 283 Or App 601 (2017), <http://www.publications.ojd.state.or.us/docs/A158700.pdf>, shows the principle of relevance in action. Read the rest of this entry »
The courts like to see cases handled with some reasonable dispatch. Compared to most states, Oregon has a fast scheduling system. Most of the time, the goal is to get civil cases to trial in a year. Because of this, if you neglect your case, you may be out of luck if something happens when you aren’t paying attention. A recent case, Union Lumber Co. v. Miller, 360 Or 767 (2017), <www.publications.ojd.state.or.us/docs/S062459.pdf>, illustrates what can happen. Read the rest of this entry »
In both Oregon and Washington, as in many states, auto insurance policies include a provision for personal injury protection (PIP), which covers medical expenses resulting from an accident regardless of fault, up to a moderate limit. In most cases, PIP claims are not controversial. A recent case from Oregon, McBride v. State Farm Mutual Automobile Ins. Co., 282 Or App 675 (2016), <http://www.publications.ojd.state.or.us/docs/A159232.pdf>, however, illustrates the importance of cooperation by the insured in resolving disputes. Read the rest of this entry »
Most driving under the influence laws include bicycles and a broad range of motorized wheeled vehicles in their scope. Oregon is no exception to this. But what’s the rule for motorized wheelchairs? A recent case, State v. Greene, 282 Or App 120 (2016), <http://www.publications.ojd.state.or.us/docs/A154816.pdf>, rules that in most cases, they are not subject to driving under the influence law. Read the rest of this entry »
In 1986, the Oregon Court of Appeals ruled that a person could not recover for emotional damages unless he or she suffered some physical contact from a negligent action. Saechao v. Matsakoun, 78 Or App 340, 717 P2d 165, rev dismissed, 302 Or 155 (1986), <http://law.justia.com/cases/oregon/court-of-appeals/1986/717-p-2d-165.html>. That was the law in Oregon for 30 years. In a recent case, however, the Oregon Supreme Court disagreed, expanding the right to recover emotional damages. Philibert v. Kluser, 360 Or 698 (2016), <http://www.publications.ojd.state.or.us/docs/S063738.pdf>.