News

Congrats to Sarah Tuthill-Kveton, elected to the Oregon State Bar's House of Delegates.

Attorney Sarah Tuthill-Kveton was elected by her peers on April 18, 2017, to serve on the Oregon State Bar's House of Delegates. The House of Delegates is part of the governing body of the Oregon State Bar. We expect great things from Sarah Tuthill-Kveton's participation.

The Oregon Supreme Court Expands First Amendment Protections in Defamation Claims.

By Sarah Tuthill-Kveton

The Oregon Supreme Court issued a fairly recent opinion in Neumann v. Liles, further expanding protection of First Amendment rights with respect to claims of defamation. 358 Or 706 (2016). The Court's opinion provides a comprhensive three-part test to determine if a statement is actionable.

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A "Bad Faith" Bill has been Introduced in this 2017 Legislative Session

By Tessan Wess

House Bill 2858 provides a statutory cause of action for any person that suffers an ascertainable harm as a result of an Insurance Code violation. Unlike its neighbors to the north and south, Oregon does not provide any common law or statutory cause of action for bad faith.

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Legislators Attempt to Change the Non-Economic Damages Cap in Light of Horton.

By Chrsitina Tella

Legislators attempt to flex their new-found muscle, in House Bill 2129, against changes to the applicability of teh non-economic damages cap. The House passed Bill 2129 to statutorily limit the non-economic damages cap to "any civil action for the wrongful death of any" person. The House Bill also increases the cap from $500,000 to $1,000,000.

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Oregon has a Non-Economic Damages Cap of $500,000

By Sarah Tuthill-Kveton

The Oregon Legislature passed a cap on non-economic damages in 1987 that limited damages to $500,000. Until recently, the court held that the cap was unconstitutional, under the remedies clause, as it relates to most claims. In May of 2016, the Oregon Supreme Court held in Horton v. Oregon Health and Science University that the Oregon State Constitution's Bill of Rights does not limit the legislature's authority to cap damages. 359 Or 168 (2016).

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A Parking Stop is Not an Unreasonable Risk of Harm

By Tessan Wess

A recent opinion from the United States District Court, District of Oregon holds that a parking stop does not present an unreasonable risk of harm as a matter of law. Fast v. Coastal Journeys Unlimited, Inc., 6:16-CV-00060-MC, 2016 WL 7331557 (D Or Dec 16, 2016).

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States Sue to Overturn Federal Overtime Rule

A new overtime rule, ordered by the White House, will substantially raise the salary threshold to determine who qualifies for overtime pay. The current rule, issued in 2004, set the threshold at $23,660. This new rule more than doubles the threshold to $47,476. The new rule will have a dramatic impact on small and mid-size businesses, especially those in the retail and restaurant industry.

Twenty one states, and more than 50 businesses, filed separate lawsuits this week to try and overturn the new rule:

http://www.wsj.com/articles/group-of-21-states-sues-u-s-over-new-overtime-pay-rule-1474402397