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Oregon Supreme Court

Opinions Filed in April 2019

Gadalean v. SAIF

Under ORS 656.005(30), a "'worker' means any person, including a minor whether lawfully or unlawfully employed, who engages to furnish services for a remuneration, subject to the direct control of an employer."

Area(s) of Law:
  • Workers Compensation

Chavez v. State of Oregon

Pursuant to ORS 138.510(3), "[a] petition pursuant to ORS 138.510 to 138.680 must be filed within two years of the [date that the challenged conviction became final], unless the court on hearing a subsequent petition finds grounds for relief asserted which could not reasonably have been raised in the original or amended petition."

Area(s) of Law:
  • Post-Conviction Relief

Sloan v. Providence Health System-Oregon

"Even when a special relationship is the basis for the duty of听care owed by one person to another . . . if the special relationship does not prescribe a particular听scope of duty, then 鈥榗ommon law principles of reasonable care and foreseeability of harm are听relevant.鈥欌 Oregon Steel Mills, Inc. v. Coopers & Lybrand, LLP, 336 Or 329, 342, 83 P3d 322听(2004).

Area(s) of Law:
  • Tort Law

State v. Black

鈥淭he rule against vouching prohibits a witness from making a direct comment, or one that is tantamount to a direct comment, on another witness鈥檚 credibility.鈥 State v. Beauvais, 357 Or 524, 545, 354 P3d 680 (2015).

Area(s) of Law:
  • Evidence

Vasquez v. Double Press Mfg., Inc.

鈥淐laims subject to *** ORS chapter 656鈥 under ORS 31.710(1) 鈥渕ost plausibly encompasses an exception鈥 for claims against noncomplying employers and third parties, and the context of ORS 31.710(1), as part of 鈥渢ort reform鈥 enacted in 1987, does not indicate the damages cap 鈥渨as intended to apply to 鈥 claims in ORS chapter 656.鈥

Area(s) of Law:
  • Workers Compensation

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