objective reasonableness standard (Oregon) · Go Syfert
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objective reasonableness standard in Oregon

6 Oregon opinions name it 2 courts 2005–2024 3 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
Boyd v. Legacy Healthgreen
orctapp · 2022 · cited in 2 Oregon opinions naming this issue, 2024–2024
2 sentences

2024ORS 659A.199(1) provides: “It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discrim- inate or retaliate against an employee * * * for the reason that the employee has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation.” Cite as 335 Or App 663 (2024) 679 That statute requires “a subjective, good-faith belief that the reported information is evidence of unlawful activity.” Folz v. ODOT, 287 Or App 667, 673 , 404 P3d 1036 (2017), rev den, 362 Or 482 (2018); see a

2024ORS 659A.199(1) provides: “It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discrim- inate or retaliate against an employee * * * for the reason that the employee has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation.” Cite as 335 Or App 663 (2024) 679 That statute requires “a subjective, good-faith belief that the reported information is evidence of unlawful activity.” Folz v. ODOT, 287 Or App 667, 673 , 404 P3d 1036 (2017), rev den, 362 Or 482 (2018); see a

22
Hall v. Stategreen
orctapp · 2015 · cited in 2 Oregon opinions naming this issue, 2024–2024
2 sentences

2024ORS 659A.199(1) provides: “It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discrim- inate or retaliate against an employee * * * for the reason that the employee has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation.” Cite as 335 Or App 663 (2024) 679 That statute requires “a subjective, good-faith belief that the reported information is evidence of unlawful activity.” Folz v. ODOT, 287 Or App 667, 673 , 404 P3d 1036 (2017), rev den, 362 Or 482 (2018); see a

2024ORS 659A.199(1) provides: “It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discrim- inate or retaliate against an employee * * * for the reason that the employee has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation.” Cite as 335 Or App 663 (2024) 679 That statute requires “a subjective, good-faith belief that the reported information is evidence of unlawful activity.” Folz v. ODOT, 287 Or App 667, 673 , 404 P3d 1036 (2017), rev den, 362 Or 482 (2018); see a

22
Kramer v. City of Lake Oswegogreen
or · 2019 · cited in 1 Oregon opinions naming this issue, 2020–2020
1 sentence

2020See Kramer, 365 Or at 450 (explaining that “the validity of the waterfront reso- lution depends upon whether the restriction on the public’s right to enter the water * * * is objectively reasonable under the circumstances”).

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 (12)

CaseCitedYears
Home Forward v. Graham green
or · 2018
2 sentences

2024ORS 659A.199(1) provides: “It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discrim- inate or retaliate against an employee * * * for the reason that the employee has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation.” Cite as 335 Or App 663 (2024) 679 That statute requires “a subjective, good-faith belief that the reported information is evidence of unlawful activity.” Folz v. ODOT, 287 Or App 667, 673 , 404 P3d 1036 (2017), rev den, 362 Or 482 (2018); see a

2024ORS 659A.199(1) provides: “It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discrim- inate or retaliate against an employee * * * for the reason that the employee has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation.” Cite as 335 Or App 663 (2024) 679 That statute requires “a subjective, good-faith belief that the reported information is evidence of unlawful activity.” Folz v. ODOT, 287 Or App 667, 673 , 404 P3d 1036 (2017), rev den, 362 Or 482 (2018); see a

22024–2024
Cuddigan-Placito v. SAIF green
orctapp · 2024
2 sentences

2024ORS 659A.199(1) provides: “It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discrim- inate or retaliate against an employee * * * for the reason that the employee has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation.” Cite as 335 Or App 663 (2024) 679 That statute requires “a subjective, good-faith belief that the reported information is evidence of unlawful activity.” Folz v. ODOT, 287 Or App 667, 673 , 404 P3d 1036 (2017), rev den, 362 Or 482 (2018); see a

2024ORS 659A.199(1) provides: “It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discrim- inate or retaliate against an employee * * * for the reason that the employee has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation.” Cite as 335 Or App 663 (2024) 679 That statute requires “a subjective, good-faith belief that the reported information is evidence of unlawful activity.” Folz v. ODOT, 287 Or App 667, 673 , 404 P3d 1036 (2017), rev den, 362 Or 482 (2018); see a

22024–2024
Bjurstrom v. Oregon Lottery green
orctapp · 2005
2 sentences

2024What constitutes a “report” under ORS 659A.199 is synonymous with “disclosure,” which we have identified as meaning “ ‘to make known’ or to ‘open up to general knowledge.’ ” McClusky v. City of North Bend, 332 Or App 1 , 11-12, 549 P3d 557 (2024) (discussing and synthesizing Bjurstrom v. Oregon Lottery, 202 Or App 162 , 120 P3d 1235 (2005), and Folz).

2024What constitutes a “report” under ORS 659A.199 is synonymous with “disclosure,” which we have identified as meaning “ ‘to make known’ or to ‘open up to general knowledge.’ ” McClusky v. City of North Bend, 332 Or App 1 , 11-12, 549 P3d 557 (2024) (discussing and synthesizing Bjurstrom v. Oregon Lottery, 202 Or App 162 , 120 P3d 1235 (2005), and Folz).

22024–2024
Folz v. State ex rel. Oregon Department of Transportation green
orctapp · 2017
2 sentences

2024ORS 659A.199(1) provides: “It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discrim- inate or retaliate against an employee * * * for the reason that the employee has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation.” Cite as 335 Or App 663 (2024) 679 That statute requires “a subjective, good-faith belief that the reported information is evidence of unlawful activity.” Folz v. ODOT, 287 Or App 667, 673 , 404 P3d 1036 (2017), rev den, 362 Or 482 (2018); see a

2024ORS 659A.199(1) provides: “It is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discrim- inate or retaliate against an employee * * * for the reason that the employee has in good faith reported information that the employee believes is evidence of a violation of a state or federal law, rule or regulation.” Cite as 335 Or App 663 (2024) 679 That statute requires “a subjective, good-faith belief that the reported information is evidence of unlawful activity.” Folz v. ODOT, 287 Or App 667, 673 , 404 P3d 1036 (2017), rev den, 362 Or 482 (2018); see a

22024–2024
Perez-Rodriguez v. State green
or · 2019
2 sentences

2023Perez-Rodriguez v. State of Oregon, 364 Or 489, 498 , 435 P3d 746 (2019) (“[I]n apply- ing statutes of limitations, courts frequently consider men- tal illness or intellectual capacity as part of a statutory or common-law tolling rule that is separate from the discovery rule’s reasonableness inquiry.

2023Perez-Rodriguez v. State of Oregon, 364 Or 489, 498 , 435 P3d 746 (2019) (“[I]n apply- ing statutes of limitations, courts frequently consider men- tal illness or intellectual capacity as part of a statutory or common-law tolling rule that is separate from the discovery rule’s reasonableness inquiry.

12023–2023
State v. Holmes green
or · 1991
1 sentence

2010Id. at 25 (citing State v. Toevs, 327 Or 525, 535-36 , 964 P2d 1007 (1998)).

12010–2010
State v. Toevs green
or · 1998
2 sentences

2010Id. at 25 (citing State v. Toevs, 327 Or 525, 535-36 , 964 P2d 1007 (1998)).

2010Id. at 25 (citing State v. Toevs, 327 Or 525, 535-36 , 964 P2d 1007 (1998)).

12010–2010
State v. Ashbaugh green
orctapp · 2008
1 sentence

2010Id. at 25, 200 P.3d 149 (citing State v. Toevs, 327 Or. 525, 535-36 , 964 P.2d 1007 (1998)).

12010–2010
Short v. Hill green
or · 2005
1 sentence

2005Cf. Flug v. University of Oregon, 335 Or 540, 553 , 73 P3d 917 (2003) (in context of tort action against public body, statute referring to a reasonable person’s understanding of claimant’s intention to assert a claim “invokes an objective reasonableness standard”); Roop v. Parker Northwest Paving Co., 194 Or App 219, 241 , 94 P3d 885 (2004), rev den, 338 Or 374 (2005) (in context of tort action, court determined whether evidence in record supported objective reasonableness of entity’s conduct); Morsman v. City of Madras, 191 Or App 149, 153-54 , 81 P3d 711 (2003) (in land use context, reasonab

12005–2005
Roop v. PARKER NORTHWEST PAVING, CO. green
orctapp · 2004
2 sentences

2005Cf. Flug v. University of Oregon, 335 Or 540, 553 , 73 P3d 917 (2003) (in context of tort action against public body, statute referring to a reasonable person’s understanding of claimant’s intention to assert a claim “invokes an objective reasonableness standard”); Roop v. Parker Northwest Paving Co., 194 Or App 219, 241 , 94 P3d 885 (2004), rev den, 338 Or 374 (2005) (in context of tort action, court determined whether evidence in record supported objective reasonableness of entity’s conduct); Morsman v. City of Madras, 191 Or App 149, 153-54 , 81 P3d 711 (2003) (in land use context, reasonab

2005Cf. Flug v. University of Oregon, 335 Or 540, 553 , 73 P3d 917 (2003) (in context of tort action against public body, statute referring to a reasonable person’s understanding of claimant’s intention to assert a claim “invokes an objective reasonableness standard”); Roop v. Parker Northwest Paving Co., 194 Or App 219, 241 , 94 P3d 885 (2004), rev den, 338 Or 374 (2005) (in context of tort action, court determined whether evidence in record supported objective reasonableness of entity’s conduct); Morsman v. City of Madras, 191 Or App 149, 153-54 , 81 P3d 711 (2003) (in land use context, reasonab

12005–2005
Flug v. University of Oregon green
or · 2003
2 sentences

2005Cf. Flug v. University of Oregon, 335 Or 540, 553 , 73 P3d 917 (2003) (in context of tort action against public body, statute referring to a reasonable person’s understanding of claimant’s intention to assert a claim “invokes an objective reasonableness standard”); Roop v. Parker Northwest Paving Co., 194 Or App 219, 241 , 94 P3d 885 (2004), rev den, 338 Or 374 (2005) (in context of tort action, court determined whether evidence in record supported objective reasonableness of entity’s conduct); Morsman v. City of Madras, 191 Or App 149, 153-54 , 81 P3d 711 (2003) (in land use context, reasonab

2005Cf. Flug v. University of Oregon, 335 Or 540, 553 , 73 P3d 917 (2003) (in context of tort action against public body, statute referring to a reasonable person’s understanding of claimant’s intention to assert a claim “invokes an objective reasonableness standard”); Roop v. Parker Northwest Paving Co., 194 Or App 219, 241 , 94 P3d 885 (2004), rev den, 338 Or 374 (2005) (in context of tort action, court determined whether evidence in record supported objective reasonableness of entity’s conduct); Morsman v. City of Madras, 191 Or App 149, 153-54 , 81 P3d 711 (2003) (in land use context, reasonab

12005–2005
Morsman v. City of Madras green
orctapp · 2003
2 sentences

2005Cf. Flug v. University of Oregon, 335 Or 540, 553 , 73 P3d 917 (2003) (in context of tort action against public body, statute referring to a reasonable person’s understanding of claimant’s intention to assert a claim “invokes an objective reasonableness standard”); Roop v. Parker Northwest Paving Co., 194 Or App 219, 241 , 94 P3d 885 (2004), rev den, 338 Or 374 (2005) (in context of tort action, court determined whether evidence in record supported objective reasonableness of entity’s conduct); Morsman v. City of Madras, 191 Or App 149, 153-54 , 81 P3d 711 (2003) (in land use context, reasonab

2005Cf. Flug v. University of Oregon, 335 Or 540, 553 , 73 P3d 917 (2003) (in context of tort action against public body, statute referring to a reasonable person’s understanding of claimant’s intention to assert a claim “invokes an objective reasonableness standard”); Roop v. Parker Northwest Paving Co., 194 Or App 219, 241 , 94 P3d 885 (2004), rev den, 338 Or 374 (2005) (in context of tort action, court determined whether evidence in record supported objective reasonableness of entity’s conduct); Morsman v. City of Madras, 191 Or App 149, 153-54 , 81 P3d 711 (2003) (in land use context, reasonab

12005–2005

Where else courts name it

CA 34 (1996–2026) NJ 31 (1988–2026) OH 22 (1990–2026) TX 14 (1992–2024) MD 13 (1998–2022) NY 12 (1992–2025) KS 11 (1997–2024) NM 11 (1995–2025) WA 9 (2000–2026) VA 8 (2010–2025) CO 8 (1990–2012) MI 7 (1993–2026) IA 7 (2008–2022) GA 6 (1993–2026) ID 6 (1991–2025) IN 6 (1975–2020) CT 6 (1992–2010) LA 6 (1994–2016) OR 6 (2005–2024) FL 6 (1997–2018) AZ 5 (2012–2022) TN 5 (1998–2004) IL 5 (2011–2026) SD 5 (1990–2000) UT 5 (2006–2020) MA 5 (1987–2021) NC 4 (1991–2025) OK 4 (2002–2010) WV 4 (1993–2021) ME 4 (2006–2026) NV 3 (2015–2015) DC 3 (1994–2022) WI 2 (2018–2026) MT 2 (1992–2015) VT 2 (2010–2010) PA 2 (1990–2017) RI 2 (2020–2020)

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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