Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
25 Oregon opinions name it 3 courts 1884–2025 5 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.
| Case | Followed | Cited |
|---|---|---|
Brewer v. Erwinred2 sentences2020See Brewer v. Erwin, 287 Or 435 , 455 n 12, 600 P2d 398 (1979) (noting that, although sections of the Restatements of the American Law Institute are not necessarily authoritative, we some- times quote them as “shorthand expressions of the court’s view that the analysis summarized in the Restatement cor- responds to Oregon law applicable to the facts of the case before the court”).13 13 As a more general matter, although we do not regard the restatements as binding statements of Oregon law, we do find them relevant and helpful “descrip- tive restatements of the law.” McPherson v. Oregon Dept. o 2020See Brewer v. Erwin, 287 Or 435 , 455 n 12, 600 P2d 398 (1979) (noting that, although sections of the Restatements of the American Law Institute are not necessarily authoritative, we some- times quote them as “shorthand expressions of the court’s view that the analysis summarized in the Restatement cor- responds to Oregon law applicable to the facts of the case before the court”).13 13 As a more general matter, although we do not regard the restatements as binding statements of Oregon law, we do find them relevant and helpful “descrip- tive restatements of the law.” McPherson v. Oregon Dept. o | 1 | 1 |
McPherson v. State Ex Rel. Department of Correctionsgreen2 sentences2020See Brewer v. Erwin, 287 Or 435 , 455 n 12, 600 P2d 398 (1979) (noting that, although sections of the Restatements of the American Law Institute are not necessarily authoritative, we some- times quote them as “shorthand expressions of the court’s view that the analysis summarized in the Restatement cor- responds to Oregon law applicable to the facts of the case before the court”).13 13 As a more general matter, although we do not regard the restatements as binding statements of Oregon law, we do find them relevant and helpful “descrip- tive restatements of the law.” McPherson v. Oregon Dept. o 2020See Brewer v. Erwin, 287 Or 435 , 455 n 12, 600 P2d 398 (1979) (noting that, although sections of the Restatements of the American Law Institute are not necessarily authoritative, we some- times quote them as “shorthand expressions of the court’s view that the analysis summarized in the Restatement cor- responds to Oregon law applicable to the facts of the case before the court”).13 13 As a more general matter, although we do not regard the restatements as binding statements of Oregon law, we do find them relevant and helpful “descrip- tive restatements of the law.” McPherson v. Oregon Dept. o | 1 | 1 |
State v. Fostergreen2 sentences2006In State v. Lett, 161 Ohio App 3d 274, 829 NE 2d 1281 [2005], an en banc decision, the Eighth Appellate District found Blakely is inapplicable to consecutive sentencing because ‘the facts found by the court do not increase the maximum penalty for an individual offense.’ This is true; nevertheless, because the total punishment increases through consecutive sentences only after judicial findings beyond those determined by a jury or stipulated by a defendant, R.C. 2929.14(E)(4) violates principles announced in Blakely” 109 Oh St 3d at 21-22, 845 NE2d at 490-91 (citations, footnotes, and emphasis 2006St. 3d at 21-22, 845 N.E.2d at 490-91 (citations, footnotes, and emphasis omitted). [6] By contrast, the Washington Supreme Court took a narrower view of the rule of law announced in Apprendi : " Apprendi does not have any application to consecutive sentences; to conclude otherwise would extend Apprendi 's holding beyond the narrow grounds upon which it rested." State v. Cubias, 155 Wash.2d 549, 553 , 120 P.3d 929, 931 (2005). | 1 | 1 |
State v. Cubiasgreen2 sentences2006In State v. Lett, 161 Ohio App 3d 274, 829 NE 2d 1281 [2005], an en banc decision, the Eighth Appellate District found Blakely is inapplicable to consecutive sentencing because ‘the facts found by the court do not increase the maximum penalty for an individual offense.’ This is true; nevertheless, because the total punishment increases through consecutive sentences only after judicial findings beyond those determined by a jury or stipulated by a defendant, R.C. 2929.14(E)(4) violates principles announced in Blakely” 109 Oh St 3d at 21-22, 845 NE2d at 490-91 (citations, footnotes, and emphasis 2006St. 3d at 21-22, 845 N.E.2d at 490-91 (citations, footnotes, and emphasis omitted). [6] By contrast, the Washington Supreme Court took a narrower view of the rule of law announced in Apprendi : " Apprendi does not have any application to consecutive sentences; to conclude otherwise would extend Apprendi 's holding beyond the narrow grounds upon which it rested." State v. Cubias, 155 Wash.2d 549, 553 , 120 P.3d 929, 931 (2005). | 1 | 1 |
Rooney v. Kulongoskigreen2 sentences1998See Rooney, 322 Or. at 55 , 902 P.2d 1143 (Unis, J., dissenting) (expressing the view that the requirement in ORS 250.085(5), that the court must draft and certify a ballot title that complies with statutory standards, violates the principle of separation of powers embodied in Article III, section 1, of the Oregon Constitution). [6] *43 When the court construes statutes in context and selects between alternative constructions of an uncertain text, it is compelled to choose the interpretation that avoids serious constitutional difficulty. 1998See Rooney, 322 Or at 55 (Unis, J., dissenting) (expressing the view that the requirement in ORS 250.085(5), that the court must draft and certify a ballot title that complies with statutory standards, violates the principle of separation of powers embodied in Article III, section 1, of the Oregon Constitution). 6 When the court construes statutes in context and selects between alternative constructions of an uncertain text, it is compelled to choose the interpretation that avoids serious constitutional difficulty. | 1 | 1 |
United States v. Dionisiogreen2 sentences1995The Court then cited instances in which it had applied that analysis to allow the admission of blood samples, Schmerber, 384 U.S. at 765 , 86 S.Ct. at 1832-33 , testimony derived from a compelled "lineup" and a compelled vocalization of a phrase provided by the police, United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), a compelled handwriting exemplar, Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967), and a compelled reading of a transcript in order to provide a voice exemplar, States v. Dionisio, 410 U.S. 1, 7 , 93 S.Ct. 764 , *1035 768, 1995The Court then cited instances in which it had applied that analysis to allow the admission of blood samples, Schmerber, 384 U.S. at 765 , 86 S.Ct. at 1832-33 , testimony derived from a compelled "lineup" and a compelled vocalization of a phrase provided by the police, United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), a compelled handwriting exemplar, Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967), and a compelled reading of a transcript in order to provide a voice exemplar, States v. Dionisio, 410 U.S. 1, 7 , 93 S.Ct. 764 , *1035 768, | 1 | 1 |
Elsasser v. Wilcoxgreen1 sentence1981The author of the majority opinion in Elsasser , speaking for himself only ( 286 Or at 775, n 3 ), questioned whether a forfeiture provision should ever be given effect, even where the purchaser has notice and an opportunity to cure the breach. 6 At the other extreme, Justice Holman, in his dissent, 7 expressed the view that the rule enunciated by the majority, although supported by prior decisions, made no sense. | 1 | 1 |
Schenck v. . State Line Telephone Co.green2 sentences1970Indeed, there is considerable support for the view that the doctrine of election of remedies had "no independent viability" and that "estoppel and res judicata can be employed without resort to the election doctrine." [4] In any event, it is well established in Oregon that the "selection of a remedy that is not available does not bar later resort to an available remedy." Payne v. Griffin, 239 Or. 91, 95 , 396 P.2d 573 (1964), and cases cited therein. [5] Thus, as held in Ladd v. General Insurance Co., 236 Or. 260, 265 , 387 P.2d 572 (1964), quoting Mr. Justice Cardozo in Schenck v. State Line 1970Indeed, there is considerable support for the view that the doctrine of election of remedies had "no independent viability" and that "estoppel and res judicata can be employed without resort to the election doctrine." [4] In any event, it is well established in Oregon that the "selection of a remedy that is not available does not bar later resort to an available remedy." Payne v. Griffin, 239 Or. 91, 95 , 396 P.2d 573 (1964), and cases cited therein. [5] Thus, as held in Ladd v. General Insurance Co., 236 Or. 260, 265 , 387 P.2d 572 (1964), quoting Mr. Justice Cardozo in Schenck v. State Line | 1 | 1 |
McConnell v. Herrongreen2 sentences1967In my dissent in McConnell v. Herron, 240 Or 486, 494 , 402 P2d 726, 730 (1965), I expressed the view that the doctrine which treats the violation of a statute as negligence per se is indefensible and should be abolished. 1967In my dissent in McConnell v. Herron, 240 Or 486, 494 , 402 P2d 726, 730 (1965), I expressed the view that the doctrine which treats the violation of a statute as negligence per se is indefensible and should be abolished. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
East Valley Water v. Water Resources Commission
green
2 sentences2025Id. 2025Id. (slip op at 6). | 2 | 2025–2025 |
Valenti v. Hopkins
green
1 sentence2022Id. at 327 . 1 The CC&Rs authorize the HOA board of directors to promulgate a set of committee policies and guidelines that further outline the policies and proce- dures for projects within the committee’s scope of approval authority. 2 In 2016, plaintiffs paid a $500 “pavement damage refundable deposit” rather than an assessment. | 1 | 2022–2022 |
SAIF v. Chavez-Cordova
green
1 sentence2021Cite as 314 Or App 5 (2021) 9 exploding and the cap injuring claimant’s eye was not a risk personal to claimant. | 1 | 2021–2021 |
Shearer v. Lambert
green
2 sentences2021As to the plaintiff’s argument that the officer held insufficient rank, we observed that in Shearer the Supreme Court adopted the view that the privilege applies to “inferior state officers no matter how low their rank or standing.” Chamberlain, 184 Or App at 491 (quoting Shearer, 274 Or at 454 ). 2021As to the nature of the sergeant’s duties, we concluded that the priv- ilege applies “regardless of whether the alleged defamation occurred in the performance of a discretionary or ministe- rial function.” Id. at 492 . | 1 | 2021–2021 |
Chamberlain v. City of Portland
green
1 sentence2021As to the plaintiff’s argument that the officer held insufficient rank, we observed that in Shearer the Supreme Court adopted the view that the privilege applies to “inferior state officers no matter how low their rank or standing.” Chamberlain, 184 Or App at 491 (quoting Shearer, 274 Or at 454 ). | 1 | 2021–2021 |
Routledge v. Dept. of Rev.
green
1 sentence2020Cite as 24 OTR 103 (2020) 109 The fact that the IRS chose to accept Plaintiff’s claim at face value, at least as of late 2017, tells the court nothing about the IRS’s view of the claim’s validity. | 1 | 2020–2020 |
State v. McKinzie
green
1 sentence2015We concluded, in reliance on McKinzie and Iverson, that because “the sanction for lack of notice is that ‘no statement may be admitted’ * * *, the question is not whether the delay caused harm but whether the admitted evidence did.” Id. | 1 | 2015–2015 |
State v. Cubias
green
1 sentence2006St. 3d at 21-22, 845 N.E.2d at 490-91 (citations, footnotes, and emphasis omitted). [6] By contrast, the Washington Supreme Court took a narrower view of the rule of law announced in Apprendi : " Apprendi does not have any application to consecutive sentences; to conclude otherwise would extend Apprendi 's holding beyond the narrow grounds upon which it rested." State v. Cubias, 155 Wash.2d 549, 553 , 120 P.3d 929, 931 (2005). | 1 | 2006–2006 |
State v. Lett
green
1 sentence2006In State v. Lett, 161 Ohio App 3d 274, 829 NE 2d 1281 [2005], an en banc decision, the Eighth Appellate District found Blakely is inapplicable to consecutive sentencing because ‘the facts found by the court do not increase the maximum penalty for an individual offense.’ This is true; nevertheless, because the total punishment increases through consecutive sentences only after judicial findings beyond those determined by a jury or stipulated by a defendant, R.C. 2929.14(E)(4) violates principles announced in Blakely” 109 Oh St 3d at 21-22, 845 NE2d at 490-91 (citations, footnotes, and emphasis | 1 | 2006–2006 |
Krummacher v. Gierloff
green
2 sentences2003As the Supreme Court pointed out in Krummacher , "[t]he constitution gives no defendant the right to a perfect defense[.]" 290 Or. at 875 , 627 P.2d 458 . 2003As the Supreme Court pointed out in Krummacher , "[t]he constitution gives no defendant the right to a perfect defense[.]" 290 Or. at 875 , 627 P.2d 458 . | 1 | 2003–2003 |
Tharalson v. State Department of Revenue
green
2 sentences1998Tharalson v. State Dept. of Rev., 281 Or 9, 13 , 573 P2d 298 (1978). 1998Tharalson v. State Dept. of Rev., 281 Or 9, 13 , 573 P2d 298 (1978). | 1 | 1998–1998 |
Pennsylvania v. Muniz
green
1 sentence1995Embracing this view of the privilege's contours, we held that `the privilege is a bar against compelling "communications" or "testimony," but that compulsion which makes a suspect or accused the source of "real or physical evidence" does not violate it.' Ibid." Id. at 590-91, 110 S.Ct. at 2644-45 . | 1 | 1995–1995 |
United States v. Wade
green
2 sentences1995The Court then cited instances in which it had applied that analysis to allow the admission of blood samples, Schmerber, 384 U.S. at 765 , 86 S.Ct. at 1832-33 , testimony derived from a compelled "lineup" and a compelled vocalization of a phrase provided by the police, United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), a compelled handwriting exemplar, Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967), and a compelled reading of a transcript in order to provide a voice exemplar, States v. Dionisio, 410 U.S. 1, 7 , 93 S.Ct. 764 , *1035 768, 1995The Court then cited instances in which it had applied that analysis to allow the admission of blood samples, Schmerber, 384 U.S. at 765 , 86 S.Ct. at 1832-33 , testimony derived from a compelled "lineup" and a compelled vocalization of a phrase provided by the police, United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), a compelled handwriting exemplar, Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967), and a compelled reading of a transcript in order to provide a voice exemplar, States v. Dionisio, 410 U.S. 1, 7 , 93 S.Ct. 764 , *1035 768, | 1 | 1995–1995 |
Gilbert v. California
green
2 sentences1995The Court then cited instances in which it had applied that analysis to allow the admission of blood samples, Schmerber, 384 U.S. at 765 , 86 S.Ct. at 1832-33 , testimony derived from a compelled "lineup" and a compelled vocalization of a phrase provided by the police, United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), a compelled handwriting exemplar, Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967), and a compelled reading of a transcript in order to provide a voice exemplar, States v. Dionisio, 410 U.S. 1, 7 , 93 S.Ct. 764 , *1035 768, 1995The Court then cited instances in which it had applied that analysis to allow the admission of blood samples, Schmerber, 384 U.S. at 765 , 86 S.Ct. at 1832-33 , testimony derived from a compelled "lineup" and a compelled vocalization of a phrase provided by the police, United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), a compelled handwriting exemplar, Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967), and a compelled reading of a transcript in order to provide a voice exemplar, States v. Dionisio, 410 U.S. 1, 7 , 93 S.Ct. 764 , *1035 768, | 1 | 1995–1995 |
Schmerber v. California
green
2 sentences1995The Court then cited instances in which it had applied that analysis to allow the admission of blood samples, Schmerber, 384 U.S. at 765 , 86 S.Ct. at 1832-33 , testimony derived from a compelled "lineup" and a compelled vocalization of a phrase provided by the police, United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), a compelled handwriting exemplar, Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967), and a compelled reading of a transcript in order to provide a voice exemplar, States v. Dionisio, 410 U.S. 1, 7 , 93 S.Ct. 764 , *1035 768, 1995The Court then cited instances in which it had applied that analysis to allow the admission of blood samples, Schmerber, 384 U.S. at 765 , 86 S.Ct. at 1832-33 , testimony derived from a compelled "lineup" and a compelled vocalization of a phrase provided by the police, United States v. Wade, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967), a compelled handwriting exemplar, Gilbert v. California, 388 U.S. 263 , 87 S.Ct. 1951 , 18 L.Ed.2d 1178 (1967), and a compelled reading of a transcript in order to provide a voice exemplar, States v. Dionisio, 410 U.S. 1, 7 , 93 S.Ct. 764 , *1035 768, | 1 | 1995–1995 |
DeYoung v. Fallon
green
2 sentences1993However, in Winn , the Supreme Court held that the view of immunity expressed in Chaffin "has been suspended," and replaced by the court's adoption of section 895G of the Restatement. [1] Where plaintiffs' liability is for negligence and defendants' for gross negligence, our decision in DeYoung v. Fallon, 104 Or.App. 66 , 798 P.2d 1114 (1990), indicates that the different levels of fault may be compared. 1993However, in Winn , the Supreme Court held that the view of immunity expressed in Chaffin "has been suspended," and replaced by the court's adoption of section 895G of the Restatement. [1] Where plaintiffs' liability is for negligence and defendants' for gross negligence, our decision in DeYoung v. Fallon, 104 Or.App. 66 , 798 P.2d 1114 (1990), indicates that the different levels of fault may be compared. | 1 | 1993–1993 |
State v. Fish
green
2 sentences1989State v. Fish, 282 Or 53, 58-59 , 577 P2d 500 (1978) (Linde and Lent, JJ., concurring). 7 ORS 19.033 applies in criminal cases. 1989State v. Fish, 282 Or 53, 58-59 , 577 P2d 500 (1978) (Linde and Lent, JJ., concurring). 7 ORS 19.033 applies in criminal cases. | 1 | 1989–1989 |
Brown v. State
green
1 sentence1974This consideration was deemed important in Brown v. State, 206 So.2d 377, 382-383 , where the Florida Supreme Court expressed the view that its rule "comports with logic, within the confines of our adversary system, because it enables the state to have adjudicated in one trial all aspects of a criminal charge arising out of one transaction," and that it also "protects a defendant against a `splitting of accusations' with resultant multitudinous prosecutions and trials." In my opinion, the possible disadvantages of the Florida rule do not justify the retention of the majority rule. | 1 | 1974–1974 |
Ladd v. General Insurance Co.
green
2 sentences1970Indeed, there is considerable support for the view that the doctrine of election of remedies had "no independent viability" and that "estoppel and res judicata can be employed without resort to the election doctrine." [4] In any event, it is well established in Oregon that the "selection of a remedy that is not available does not bar later resort to an available remedy." Payne v. Griffin, 239 Or. 91, 95 , 396 P.2d 573 (1964), and cases cited therein. [5] Thus, as held in Ladd v. General Insurance Co., 236 Or. 260, 265 , 387 P.2d 572 (1964), quoting Mr. Justice Cardozo in Schenck v. State Line 1970Indeed, there is considerable support for the view that the doctrine of election of remedies had "no independent viability" and that "estoppel and res judicata can be employed without resort to the election doctrine." [4] In any event, it is well established in Oregon that the "selection of a remedy that is not available does not bar later resort to an available remedy." Payne v. Griffin, 239 Or. 91, 95 , 396 P.2d 573 (1964), and cases cited therein. [5] Thus, as held in Ladd v. General Insurance Co., 236 Or. 260, 265 , 387 P.2d 572 (1964), quoting Mr. Justice Cardozo in Schenck v. State Line | 1 | 1970–1970 |
Payne v. Griffin
neutral
2 sentences1970Indeed, there is considerable support for the view that the doctrine of election of remedies had "no independent viability" and that "estoppel and res judicata can be employed without resort to the election doctrine." [4] In any event, it is well established in Oregon that the "selection of a remedy that is not available does not bar later resort to an available remedy." Payne v. Griffin, 239 Or. 91, 95 , 396 P.2d 573 (1964), and cases cited therein. [5] Thus, as held in Ladd v. General Insurance Co., 236 Or. 260, 265 , 387 P.2d 572 (1964), quoting Mr. Justice Cardozo in Schenck v. State Line 1970Indeed, there is considerable support for the view that the doctrine of election of remedies had "no independent viability" and that "estoppel and res judicata can be employed without resort to the election doctrine." [4] In any event, it is well established in Oregon that the "selection of a remedy that is not available does not bar later resort to an available remedy." Payne v. Griffin, 239 Or. 91, 95 , 396 P.2d 573 (1964), and cases cited therein. [5] Thus, as held in Ladd v. General Insurance Co., 236 Or. 260, 265 , 387 P.2d 572 (1964), quoting Mr. Justice Cardozo in Schenck v. State Line | 1 | 1970–1970 |
Elliott v. Mosgrove
green
2 sentences1970Elliott v. Mosgrove, 162 Or. 507, 553 , 93 P.2d 1070 (1939). 1970Elliott v. Mosgrove, 162 Or. 507, 553 , 93 P.2d 1070 (1939). | 1 | 1970–1970 |
| Henthorne v. Hopwood green | 1 | 1965–1965 |
| Hatch v. Smail green | 1 | 1963–1963 |
| Temple Enterprises, Inc. v. Combs green | 1 | 1959–1959 |
| Peri v. L.A. Junction Ry. green | 1 | 1950–1950 |
| Russell v. Oregon R. & N. Co. green | 1 | 1950–1950 |
| Sather v. Giaconi green | 1 | 1944–1944 |
| Peabody v. O. R. & N. Co. green | 1 | 1944–1944 |
| Bunnell v. Parelius green | 1 | 1944–1944 |
| Clark v. Shea green | 1 | 1944–1944 |
| Giervolini v. Succession of Rodríguez green | 1 | 1921–1921 |
| Curtis v. La Grande Hydraulic Water Co. green | 1 | 1921–1921 |
| Parker v. . Conner green | 1 | 1884–1884 |
| Stearns v. . Gage green | 1 | 1884–1884 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.