third step analysis (Oregon) · Go Syfert
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third step analysis in Oregon

5 Oregon opinions name it 2 courts 1999–2026 1 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Oregon.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
State v. Martinez green
orctapp · 2025
1 sentence

2026Enrique-Martinez, 341 Or App at 22 .

12026–2026
State v. Johns green
or · 1986
2 sentences

2012The only specific mention the state made of any of the facts relating to the May 6-7, 1994, incident was to argue, pursuant to the third step of the test described in State v. Johns, 301 Or 535 , 725 P2d 312 (1986), that the victims in each prior incident were “in the same class as the victim in the present case,” because “[s]everal [of the victims] were particularly vulnerable.

2012The only specific mention the state made of any of the facts relating to the May 6-7, 1994, incident was to argue, pursuant to the third step of the test described in State v. Johns, 301 Or 535 , 725 P2d 312 (1986), that the victims in each prior incident were “in the same class as the victim in the present case,” because “[s]everal [of the victims] were particularly vulnerable.

12012–2012
State v. Gaines green
or · 2009
2 sentences

2009State v. Gaines, 346 Or. 160 , 206 P.3d 1042 (2009).

2009State v. Gaines, 346 Or. 160 , 206 P.3d 1042 (2009).

12009–2009
Hill v. Qwest green
orctapp · 2001
2 sentences

2005Hill v. Qwest, 178 Or App 137, 143 , 35 P3d 1051 (2001). 4 The statute applies only to contracts that implicate interstate commerce.

2005Hill v. Qwest, 178 Or App 137, 143 , 35 P3d 1051 (2001). 4 The statute applies only to contracts that implicate interstate commerce.

12005–2005
Mattiza v. Foster green
or · 1990
1 sentence

1999The Supreme Court made clear in Matizza, however, that a party’s perception of the merit of its position is relevant only to the third step of the analysis, whether the claim was brought for an improper purpose. 311 Or at 8-9 .* * 4 The only issue at the second step is whether the claim was entirely devoid of legal or factual support at the time it was made.

11999–1999

Where else courts name it

TX 30 (1990–2020) CA 17 (2001–2025) OH 16 (2001–2026) FL 12 (1996–2025) IN 11 (1979–2026) NY 11 (1997–2024) KS 10 (2002–2026) WI 9 (1988–2024) UT 9 (2005–2024) SC 9 (1991–2020) IL 7 (1987–2025) NC 7 (1993–2022) MI 7 (2000–2020) DC 6 (1997–2019) MD 6 (2005–2023) OR 5 (1999–2026) DE 5 (2007–2022) NE 5 (2015–2017) MO 4 (1998–2023) RI 4 (2009–2017) NJ 4 (1993–2018) ME 4 (2008–2024) GA 4 (1998–2020) PA 4 (1988–2018) WA 3 (1996–2025) LA 3 (1994–2006) CO 3 (1990–2017) NH 2 (2021–2023) VA 2 (2009–2018) KY 2 (2019–2019) ID 2 (2025–2025) TN 2 (2010–2012) WV 2 (1998–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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