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Portland Environmental and Real Estate Law Blog

Appeal over antitrust exemption headed to the U.S. Supreme Court

In January of this year, the 9th Circuit Court of Appeals dismissed the antitrust case that pitted San Jose against Major League Baseball. That dismissal came after a federal trial judge dismissed the case in 2013. That case is now heading to the U.S. Supreme Court.

Both dismissals that have been handed down were based on a U.S. Supreme Court ruling that was handed down in 1922 and subsequently confirmed by rulings in 1953 and 1972. Because of those, the federal judge and the appeals court said they were bound by those rulings. Since only Congress and the U.S. Supreme Court can change the precedent, the city is now appealing to the U.S. Supreme Court.

Contracts are at the heart of a solid business

Almost anyone who is managing a business or owns a business knows that contracts are one of the main components of the business. These documents offer a lot of benefits for the owner of the business, as well as the other party. In some cases, the contract sets up penalties if the contract isn't honored.

There are several different types of contracts that companies might find useful. Franchise and partnership agreements lay out the terms the business, such as which party is responsible for which aspects of the business. Employment contracts include those for independent contractors, confidentiality agreements, and non-compete contracts. Sales contracts, such as purchase orders and warranty agreements are helpful for many businesses. Contracts for real estate leases or equipment leases are vital if the company doesn't purchase these items outright.

Points to consider about the federal appeal process

In past blog posts, we have discussed a variety of federal appeal cases. These cases have had a variety of topics, but in each case, the appellant was seeking a different outcome of a case than what was handed down by the previous court. It is important for anyone who needs to file an appeal to the federal court of appeals to understand a bit about the process.

In civil cases, either party can appeal the verdict of case. This varies from criminal cases because in a criminal case only the defendant can file an appeal. When a person files an appeal, he or she must show that there was a legal error made by an administrative agency or trial court that impacted the outcome of the case.

What are the differences between criminal and civil cases?

When discussing court cases, people will often hear the terms "civil case" and "criminal case." The distinction between the two is very important because the outcomes of each type are different from each other. There are other differences, as well.

What is a criminal case?

Oregon's Clean Fuels law faces opposition from fuel companies

Oregon recently passed a Clean Fuels law, though it has not yet gone into effect. In order to make sure that it doesn't, a group of truckers and others in the fuel manufacturing industry has started a lawsuit to block the new regulations. These companies and individuals are not from Oregon, but from out of state.

According to the group, the new law is a violation of U.S. Constitution, breaking the commerce clause. They say that the companies that make biofuels in Oregon will get an advantage in the state that is unfair to others in the industry. Groups involved in the lawsuit include the American Fuel & Petrochemical Manufacturers, the Consumer Trade Association and the American Trucking Association Inc.

Fight against Oregon construction lawsuit cases

Finding out that someone is alleging that you didn't do a good job on a building project is enough to make a contractor or builder stop cold in their tracks. When that happens, one of the first things you might decide to do is seek representation to defend your good name. There are several different types of construction disputes we can help you with.

If you are facing claims from the Oregon Construction Contractors Board or a state agency action, we can help you to defend your actions and your work. If you are facing private lawsuits or surety claims, we can help you.

Real estate dispute over sorority house heats up

Sorority houses, like fraternity houses, are often viewed as institutions where memories are made. Hundreds of sorority sisters and fraternity brothers will come and go through their halls, studying industriously and earning their degrees while making social connections that may very well last for the rest of their lives. However, buildings in sorority and fraternity systems can be just as vulnerable to conflicts over land and buildings as any other. That is the case in a dispute between Alpha Omicron Pi Fraternity Inc., and the company that controls that Alpha Omicron Pi sorority house at UC Berkely.

At issue is a claim by AOP Inc., that the local company, Sigma 1916, has not been acting in accordance with a 2005 directive from AOP. The directive told Sigma 1916 to alter their bylaws. The alteration involves transitioning to "coordinated property management" according to AOP's public relations assistant director. Members of Sigma 1916's board has expressed concern about that.

What is arbitration for employment disputes?

The Adrian Peterson case that we discussed last week is one example of an employment dispute. In his case, he appealed the decision of the arbitrator because he didn't agree with the suspension handed down from the NFL. That might have some of our Oregon readers wanting to know more about employment arbitration agreements.

What is an employment arbitration agreement?

Adrian Peterson: Employment dispute leads to federal appeal

The federal court system is often a forum for a variety of issues that can affect a large number of people. While it might not affect a large number of people, a recent case heard by U.S. District Judge David Doty might interest some of our Oregon readers who are National Football League fans.

If our readers recall, Adrian Peterson has been suspended by the NFL after the outcome of a domestic violence case having to do with child abuse. His suspension was based on new guidelines governing the league's personal conduct policy. The incident for which Peterson was suspended occurred prior to the implementation of that enhanced penalty clause.

Basic points of Oregon's Measure 91

In our blog post last week, we discussed the current controversy surrounding Measure 91. If you remember, we discussed how lawmakers are trying to alter some points of the measure, which has some supporters upset and threatening to take legal action. Some of our Oregon readers might not be all that familiar with the measure, so we are going to take this opportunity to discuss some of the main points.

Measure 91 is the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act. It takes away the penalties for people who are 21 years old and older who want to use, grow, and possess marijuana in limited amounts. It gives the Oregon Liquor Control Commission the right to regulate, establish and license businesses involved in the marijuana business.

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