When you are dealing with civil litigation, a summary judgment against you can be disheartening. Just as you might be gearing up for a trial or further hearings, the trial court might grant a motion for summary judgment on some technicality or fact. Many times, judgments are granted on misrepresented or misunderstood facts, which is why the appeals process is in place.
Over the past few weeks, we've discussed a number of cases involved in civil appeals and highlighted some important facets of the appeals process. Today, we're taking a moment to point out that it is often in your best interest to keep a case from traveling up the court system if possible. One of those times is when you are planning your estate.
The appeals court in Oregon recently reviewed a case that was appealed by an employer after a decision was made by the Bureau of Labor and Industries' Commissioner. The appeals court ultimately sided against the employer and upheld the decision.
With Earth Day rapidly approaching on April 22, this is a good month for businesses and organizations to think about their approach to the environment. Are you compliant with all environmental laws that apply to your location and industry? If not, you are risking large fines, sanctions and even lawsuits -- all of which damage your bottom line and could even put smaller organizations out of business.
When dealing with matters of civil law, a trial and an appeal are not the same thing. Typically, an appeal comes after a trial court or jury has already made a decision. While the law being considered is the same in both cases, the processes for trials and appeals can be very different.
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.