The Oregon Court of Appeals recently reviewed a case regarding whether the provider of electrical requirements for a facility that produced semiconductors was liable for damages occurring in relation to an outage in 2007. The plaintiffs in the case contended that the defendants were responsible. The defendants filed a cross-motion in the original case, asking for summary judgement based on the fact that the entities had signed a contract releasing defendants from such liability.
It's a growing trend among companies to have employees and customers sign contracts that include arbitration agreements. In an arbitration agreement, a person usually agrees that any legal matter will be heard by a third-party arbitrator and not a court. One case recent in the Oregon Court of Appeals dealt with an issue involving such an agreement.
A recent case heard by the Oregon Court of Appeals involved a family of four. The family originally brought a civil complaint to the lower court, and the court dismissed the claims. The appeal alleged that the lower court erred in the dismissal of the claims.
Whether you're managing a construction site or dealing with protected land, stormwater runoff might be a concern. Oregon provides some regulations and policies for managing stormwater runoff, and failing to do so correctly can result in litigation, appeals and lawsuits that can delay critical projects or raise costs for your organization.
Did you know that the rules published by the Oregon Court of Appeals to govern how appeals are entered and argued take up over 200 pages of text? The rules are known as the Oregon Rules of Appellate Procedure, or ORAP, and they can be amended at any time by the Oregon Court of Appeals.
A court decision was recently appealed that involved a loan and a limited liability company. The appeal related to the plaintiffs' limited argument for liability protections under an LLC -- an argument that the appellate court did not agree with.
Over the last two months, we have discussed how an employee's claims of sexual harassment can affect your company. We covered tips on how to handle the complaints and provided tips on how to investigate claims and train management. Even in the best-handled of cases, there is a still a chance that you will find yourself in court trying to protect your business.
We have discussed a variety of employment contracts on this blog. Many of those employment contracts serve to protect the employer from having trade secrets leaked to competitors. Those types of employment disagreements aren't the only ones that employers have to deal with.
In our past few blog posts, we have discussed some common contracts that employers can use in an effort to keep their trade secrets from getting into the hands of competitors. If you recall, we have discussed how it is sometimes necessary to head to court to enforce those contracts. These civil cases might end up leading to an appeal if you don't agree with the court's decision. Understanding some of the basic points regarding appeals in Oregon is vital in those cases.
In our previous blog, we discussed how victims who are injured during an accident have the right to seek compensation for their injuries. This process is handled through the civil court system. In some cases, a settlement is reached through negotiation. In other cases, a judge or jury decides how the case should be resolved. If a judge or jury decides your case, you have the right to appeal if it doesn't resolve the way you think it should.