Portland Environmental Lawyer and Real Estate Lawyer Blog

Oregon's ban on same-sex marriage has been declared unconstitutional following a decision by a federal appeals judge. The judge heard a case centered on a Portland woman who claims she was denied health care benefits for her spouse, a woman whom she married in Canada. The judge found that the woman’s sexual orientation was the only reason she was denied benefits for her wife and categorized the state's action as discrimination based on sexual orientation.

Oregon's Attorney General said the state is largely not concerned with the results of the civil litigation, explaining it is unlikely to prompt widespread changes across the state. He noted that Oregon is still waiting on the results of two prominent Supreme Court cases concerning same-sex marriage. The Supreme Court recently heard arguments concerning one state's ban of same-sex marriage, as well as the constitutionality of the Defense of Marriage Act, which denies same-sex couples the right to marry.

Four Oregon residents are accusing an insurance firm of elderly abuse in a federal class-action lawsuit recently filed in a Portland U.S. District Court. The lawsuit accuses Bankers Life and Casualty Co. of wrongfully increased premiums without enhanced benefits. They are also accused of delaying insurance claims and making their long-term care clients jump through hurdles and massive red tape. The company has long been the target of complaints and civil litigation in Oregon and was recently found to have breached a long-term care insurance contract with a client, who has since passed away.

The plaintiffs argue that Bankers routinely withheld and delayed payments for clients who applied for assisted-living expenses as allowed by their policies. Long-term care insurance is designed to help elderly or disabled individuals afford assisted living, nursing and home health expenses. The lawsuit, which accuses Bankers of intentional misconduct, negligence, fraud, breach of contract and breach of promises, is led by a married Oregon couple. However, it is currently seeking judicial approval to represent around 9,000 Oregon residents who have complaints about Bankers' policies regarding long-term care insurance.

The 9^th U.S. Circuit Appeals Court will not grant a requested injunction that would prohibit livestock owners from allowing their cattle to graze on a 500,000 acre stretch of public land in Oregon, rejecting an environmentalist group's claims that the practice is responsible for spreading disease to a type of bird that inhabits the area. The decision marks a victory for the U.S. Bureau of Land Management, which oversees the land, against the Oregon Natural Desert Association (ONDA) after multiple appeals. It is unclear whether the ONDA plans to continue pursuing civil litigation in order to prevent the grazing.

The ONDA had sought a court order blocking cattle grazing in southeast Oregon's Louse Canyon, citing concerns for the welfare of the region's native sage grouse population. The group contended that the number of livestock would create a massive amount of hoof imprints that hold stagnant water and become a breeding ground for mosquitoes and, by association, the West Nile virus. ONDA says that this virus would have a devastating effect on the grouse.

An Oregon bakery has filed a complaint in the U.S. District Court in hopes of stopping continuous legal threats from a similarly named out-of-state bakery. Crave Bake Shop has received national attention since its 2011 founding, reaching thousands of TV viewers through the Food Network program "Cupcake Wars." While the exposure has increased traffic to Crave, it has also made the Oregon business a target for potential civil litigation.

Crave Bake Shop's 34-year-old owner says she has received letters from another bakery from outside of Oregon whose name also incorporates the word "crave." Additionally, the out-of-state company claims to have been the first gluten-free bakery in its area; Crave Bake Shop's products are also entirely gluten-free. As such, the letters demand that Crave Bake Shop either discontinue its use of the name or pay an unspecified sum to use it. The company claimed its most recent letter would be its "final attempt to resolve this matter amicably."