vague standard in Oregon

2023“Justiciability is a vague standard but entails several defi- nite considerations.” Brown, 293 Or at 449 .

2023“Justiciability is a vague standard but entails several defi- nite considerations.” Brown, 293 Or at 449 .

2019We have explained, however, that those general consequences that tend to accompany any amendment are not prejudice of a sort that weighs against allowing an amendment under ORCP 23 A. See Jensen, 253 Or App at 524 (fact that defen- dant will have to continue defending an action “does not con- stitute prejudice; rather, it is a generic assertion common to every defendant opposing a plaintiff’s motion to amend”); Safeport, Inc. v. Equipment Roundup & Mgf, Inc., 184 Or App 690, 700 , 60 P3d 1076 (2002), rev den, 335 Or 255 (2003) (where opposing party does not identify particular prejudice if ame

2019We have explained, however, that those general consequences that tend to accompany any amendment are not prejudice of a sort that weighs against allowing an amendment under ORCP 23 A. See Jensen, 253 Or App at 524 (fact that defen- dant will have to continue defending an action “does not con- stitute prejudice; rather, it is a generic assertion common to every defendant opposing a plaintiff’s motion to amend”); Safeport, Inc. v. Equipment Roundup & Mgf, Inc., 184 Or App 690, 700 , 60 P3d 1076 (2002), rev den, 335 Or 255 (2003) (where opposing party does not identify particular prejudice if ame

2019And, relevant to both the prejudice and timing factors, defendant did not argue that she would be unable to prepare the necessary defenses in the time remaining before Cite as 299 Or App 460 (2019) 481 trial, nor was there any indication that the proposed amend- ments would necessitate postponing the existing trial date in a manner that would be prejudicial to defendant or inter- fere with the trial court’s management of its own docket.

1953In American Power and Light Co. v. Securities and Exchange Commission, 329 US 90 , 91 L ed 103, this problem received scholarly attention in the light of the realities of modern industry and the practical limitations upon legislative measures for the regulation of complex industrial and commercial activities.

1953In American Power and Light Co. v. Securities and Exchange Commission, 329 US 90 , 91 L ed 103, this problem received scholarly attention in the light of the *119 realities of modern industry and the practical limitations upon legislative measures for the regulation of complex industrial and commercial activities.