rescission claim (Oregon) · Go Syfert
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rescission claim in Oregon

8 Oregon opinions name it 2 courts 1993–2019 0 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
Foster v. Gibbonsgreen
orctapp · 2001 · cited in 1 Oregon opinions naming this issue, 2003–2003
1 sentence

2003In other words, ‘gross negligence,’ far from being a static concept subject to mechanical application, is one that requires careful consideration of the facts to determine if the party seeking reformation is, both in light of his or her own actions and as a matter of equity, entitled to such relief.” 177 Or App at 54 (citations omitted). 21 See also Mariah Investments, Ltd. v. McCabe, 163 Or App 91 , 986 P2d 1209 (1999) (aff'd by an equally divided court) (Wollheim, J., concurring), rev den, 329 Or 651 (2000) (describing the gross negligence inquiry in the context of a rescission claim).

11
Bennett v. Baughgreen
or · 1999 · cited in 1 Oregon opinions naming this issue, 1999–1999
1 sentence

1999See Bennett, 329 Or at 286 .

11
Hampton Tree Farms, Inc. v. Jewettgreen
or · 1995 · cited in 1 Oregon opinions naming this issue, 1998–1998
2 sentences

1998See generally Hampton Tree Farms, Inc. v. Jewett, 320 Or 599, 609-13 , 892 P2d 683 (1995) (party not entitled to take a position inconsistent with prior position successfully taken injudicial proceeding).

1998See generally Hampton Tree Farms, Inc. v. Jewett, 320 Or 599, 609-13 , 892 P2d 683 (1995) (party not entitled to take a position inconsistent with prior position successfully taken injudicial proceeding).

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 (6)

CaseCitedYears
Brooks v. Tube Specialties - TSCO International green
orctapp · 2019
1 sentence

2019Cite as 300 Or App 361 (2019) 377 situations in which a claimant’s attorney is “instrumental” in obtaining the rescission of a claim denial.

12019–2019
Greenwood Products, Inc. v. Greenwood Forest Products, Inc. green
orctapp · 2010
1 sentence

2012Greenwood Products, 238 Or App at 485-86 .

12012–2012
Mariah Investments, Ltd. v. McCabe green
orctapp · 1999
2 sentences

2003In other words, ‘gross negligence,’ far from being a static concept subject to mechanical application, is one that requires careful consideration of the facts to determine if the party seeking reformation is, both in light of his or her own actions and as a matter of equity, entitled to such relief.” 177 Or App at 54 (citations omitted). 21 See also Mariah Investments, Ltd. v. McCabe, 163 Or App 91 , 986 P2d 1209 (1999) (aff'd by an equally divided court) (Wollheim, J., concurring), rev den, 329 Or 651 (2000) (describing the gross negligence inquiry in the context of a rescission claim).

2003In other words, ‘gross negligence,’ far from being a static concept subject to mechanical application, is one that requires careful consideration of the facts to determine if the party seeking reformation is, both in light of his or her own actions and as a matter of equity, entitled to such relief.” 177 Or App at 54 (citations omitted). 21 See also Mariah Investments, Ltd. v. McCabe, 163 Or App 91 , 986 P2d 1209 (1999) (aff'd by an equally divided court) (Wollheim, J., concurring), rev den, 329 Or 651 (2000) (describing the gross negligence inquiry in the context of a rescission claim).

12003–2003
In re the Marriage of Massee green
orctapp · 1996
1 sentence

1999Id. at 593 .

11999–1999
In Re the Dissolution of the Marriage of York green
orctapp · 1977
2 sentences

1996Both the concurrence and husband misunderstand the relationship between the presumption of equal contribution and the so-called “rescission rule.” The rescission rule originated in our decision in York and York, 30 Or App 937 , 569 P2d 32 (1977), which predated the adoption of the statutory presumption contained in ORS 107.105(1)(f).

1996Both the concurrence and husband misunderstand the relationship between the presumption of equal contribution and the so-called “rescission rule.” The rescission rule originated in our decision in York and York, 30 Or App 937 , 569 P2d 32 (1977), which predated the adoption of the statutory presumption contained in ORS 107.105(1)(f).

11996–1996
Gardner v. Meiling green
or · 1977
2 sentences

1993Gardner v. Meiling, 280 Or. 665, 671 , 572 P.2d 1012 (1977).

1993Gardner v. Meiling, 280 Or. 665, 671 , 572 P.2d 1012 (1977).

11993–1993

Where else courts name it

IL 76 (1987–2025) CA 40 (1930–2025) NY 25 (1919–2025) GA 15 (1924–2016) TX 14 (1926–2024) OR 8 (1993–2019) MI 6 (2008–2026) NJ 5 (1967–2001) IN 5 (2012–2025) FL 5 (1982–2025) KS 5 (1982–2022) VA 4 (2009–2024) MT 4 (1940–2013) OH 4 (1973–2009) AZ 4 (2009–2022) UT 4 (2001–2021) MA 3 (1994–2009) NC 3 (2016–2021) WV 3 (1899–1944) MN 3 (1985–2014) HI 3 (2000–2016) NV 2 (2017–2022) MD 2 (1986–2001) PA 2 (1980–2026) SC 2 (2024–2024) AL 2 (1931–1953) WI 2 (1978–1981)

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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