admission exception (Oregon) · Go Syfert
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admission exception in Oregon

8 Oregon opinions name it 2 courts 1922–2026 2 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 (3)

CaseFollowedCited
Gowin v. Heidergreen
or · 1964 · cited in 1 Oregon opinions naming this issue, 2007–2007
2 sentences

2007Cf. Gowin v. Heider, 237 Or. 266, 276 , 386 P.2d 1 (1963) ("[T]he fact of dismissal by the court, without more, carries with it such a conclusion [that the lack of reasonable ground for prosecution may be implied] and the bare allegation that the complaint was dismissed is sufficient [to allege a favorable termination]."); Portland *1172 Trailer & Equipment, 182 Or.App. at 357 , 49 P.3d 803 ("If the action was voluntarily terminated by the plaintiff, a finder of fact might determine that the termination was an admission that the claim lacked merit.").

2007Cf. Gowin v. Heider, 237 Or. 266, 276 , 386 P.2d 1 (1963) ("[T]he fact of dismissal by the court, without more, carries with it such a conclusion [that the lack of reasonable ground for prosecution may be implied] and the bare allegation that the complaint was dismissed is sufficient [to allege a favorable termination]."); Portland *1172 Trailer & Equipment, 182 Or.App. at 357 , 49 P.3d 803 ("If the action was voluntarily terminated by the plaintiff, a finder of fact might determine that the termination was an admission that the claim lacked merit.").

11
Portland Trailer & Equipment, Inc. v. A-1 Freeman Moving & Storage, Inc.green
orctapp · 2002 · cited in 1 Oregon opinions naming this issue, 2007–2007
2 sentences

2007Cf. Gowin v. Heider, 237 Or. 266, 276 , 386 P.2d 1 (1963) ("[T]he fact of dismissal by the court, without more, carries with it such a conclusion [that the lack of reasonable ground for prosecution may be implied] and the bare allegation that the complaint was dismissed is sufficient [to allege a favorable termination]."); Portland *1172 Trailer & Equipment, 182 Or.App. at 357 , 49 P.3d 803 ("If the action was voluntarily terminated by the plaintiff, a finder of fact might determine that the termination was an admission that the claim lacked merit.").

2007Cf. Gowin v. Heider, 237 Or. 266, 276 , 386 P.2d 1 (1963) ("[T]he fact of dismissal by the court, without more, carries with it such a conclusion [that the lack of reasonable ground for prosecution may be implied] and the bare allegation that the complaint was dismissed is sufficient [to allege a favorable termination]."); Portland *1172 Trailer & Equipment, 182 Or.App. at 357 , 49 P.3d 803 ("If the action was voluntarily terminated by the plaintiff, a finder of fact might determine that the termination was an admission that the claim lacked merit.").

11
Blakely v. Washingtongreen
scotus · 2004 · cited in 1 Oregon opinions naming this issue, 2006–2006
1 sentence

2006Blakely, 542 US at 310 (“[N]othing prevents a defendant from waiving his Apprendi rights.

11

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 (9)

CaseCitedYears
cluster 10858203 green
·
1 sentence

2026Claim’—as plaintiff listed in the bankruptcy Petition—and this claim, an unfiled third-party negligence claim relating to the same injury that occurred at work, is quite subtle.” At the hearing on the summary judgment motion, the trial court identified the “specific benefit” that plaintiff had received as “the discharge” in his bankruptcy proceed- ing and observed that Oregon case law does not provide guidance on whether any benefit must be “lasting” or can Cite as 349 Or App 381 (2026) 385 be reversed.

12026–2026
State ex rel Rosenblum v. Living Essentials, LLC green
orctapp · 2021
1 sentence

2021Id.

12021–2021
DeVore v. Weyerhaeuser Company green
or · 1973
2 sentences

1985In DeVore v. Weyerhaeuser Co., 265 Or 388, 403 , 508 P2d 220 (1973), cert den 415 US 913 (1974), the court stated: “ ‘* * * The oral admissions of the plaintiff that the agreement included matters not contained in the writing may be proved to show that it was not assented to as a complete integration, however complete it may look on its face. * * *’ ” Quoting 3 Corbin, Contracts 451, § 582 (1960).

1985In DeVore v. Weyerhaeuser Co., 265 Or 388, 403 , 508 P2d 220 (1973), cert den 415 US 913 (1974), the court stated: “ ‘* * * The oral admissions of the plaintiff that the agreement included matters not contained in the writing may be proved to show that it was not assented to as a complete integration, however complete it may look on its face. * * *’ ” Quoting 3 Corbin, Contracts 451, § 582 (1960).

11985–1985
Devore v. Weyerhaeuser Co. green
scotus · 1974
1 sentence

1985In DeVore v. Weyerhaeuser Co., 265 Or. 388, 403 , 508 P.2d 220 (1973), cert. den. 415 U.S. 913 , 94 S.Ct. 1408 , 39 L.Ed.2d 467 (1974), the court stated: "`* * * The oral admissions of the plaintiff that the agreement included matters not contained in the writing may be proved to show that it was not assented to as a complete integration, however complete it may look on its face. * * *'" Quoting 3 Corbin, Contracts 451, § 582 (1960).

11985–1985
United Ass'n of Journeymen & Apprentices of the Plumbing & Pipefitting Industry of the United States & Canada, Local 540 v. Lusk green
scotus · 1974
1 sentence

1985In DeVore v. Weyerhaeuser Co., 265 Or. 388, 403 , 508 P.2d 220 (1973), cert. den. 415 U.S. 913 , 94 S.Ct. 1408 , 39 L.Ed.2d 467 (1974), the court stated: "`* * * The oral admissions of the plaintiff that the agreement included matters not contained in the writing may be proved to show that it was not assented to as a complete integration, however complete it may look on its face. * * *'" Quoting 3 Corbin, Contracts 451, § 582 (1960).

11985–1985
Emporium Capwell Co. v. Western Addition Community Organization green
scotus · 1974
2 sentences

1985In DeVore v. Weyerhaeuser Co., 265 Or. 388, 403 , 508 P.2d 220 (1973), cert. den. 415 U.S. 913 , 94 S.Ct. 1408 , 39 L.Ed.2d 467 (1974), the court stated: "`* * * The oral admissions of the plaintiff that the agreement included matters not contained in the writing may be proved to show that it was not assented to as a complete integration, however complete it may look on its face. * * *'" Quoting 3 Corbin, Contracts 451, § 582 (1960).

1985In DeVore v. Weyerhaeuser Co., 265 Or 388, 403 , 508 P2d 220 (1973), cert den 415 US 913 (1974), the court stated: “ ‘* * * The oral admissions of the plaintiff that the agreement included matters not contained in the writing may be proved to show that it was not assented to as a complete integration, however complete it may look on its face. * * *’ ” Quoting 3 Corbin, Contracts 451, § 582 (1960).

11985–1985
State v. Weston green
or · 1921
2 sentences

1977State v. Weston, 102 Or 102 , 201 P 1083 (1921).

1977State v. Weston, 102 Or 102 , 201 P 1083 (1921).

11977–1977
Peters v. Queen City Ins. neutral
or · 1912
2 sentences

1936Co., 63 Or. 382 ( 126 P. 1005 ), and 49 C.

1936Co., 63 Or. 382 ( 126 P. 1005 ), and 49 C.

11936–1936
In re O green
· 1889
1 sentence

1922The misconduct which under our statute will disbar “is not limited to acts committed strictly in a professional character, but extends to all such misconduct as would have prevented an admission to the bar.” In re O-, 73 Wis. 602 ( 42 N. W. 221 ).

11922–1922

Where else courts name it

CA 146 (1889–2026) IL 95 (1894–2026) NY 59 (1927–2026) PA 48 (1973–2026) TX 45 (1908–2025) OH 44 (1967–2024) MO 36 (1892–2019) FL 28 (1941–2025) GA 26 (1900–2023) UT 22 (1979–2025) IN 21 (1887–2023) OK 20 (1941–2010) TN 20 (1926–2025) NC 19 (1900–2021) MI 19 (1922–2026) AZ 17 (1923–2024) AL 17 (1870–2006) MA 17 (1906–2026) NJ 16 (1915–2021) MD 15 (1984–2016) WA 14 (1914–2011) CT 14 (1990–2015) LA 14 (1954–2020) ND 13 (1984–2023) MS 13 (1971–2023) WI 12 (1884–2021) VT 9 (1996–2024) ME 9 (1989–2020) IA 9 (1957–2014) KS 8 (1917–2025) OR 8 (1922–2026) CO 8 (1957–2024) AR 8 (1920–2015) SD 8 (1968–2021) VA 7 (1995–2023) DC 7 (1985–2004) RI 7 (1937–2008) MN 7 (1983–2009) SC 7 (1926–2024) ID 6 (1993–2017) NE 6 (1936–2026) WV 6 (1938–2012) HI 5 (1987–2025) NM 5 (1959–2007) NV 4 (1967–2022) NH 4 (1994–2012) DE 3 (1960–2024) WY 3 (1929–1993) KY 2 (2014–2019) AK 2 (1980–1984) GU 2 (2023–2023)

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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