principles waiver (Oregon) · Go Syfert
← Oregon issues

principles waiver in Oregon

6 Oregon opinions name it 2 courts 1977–2025 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 (1)

CaseFollowedCited
Sierk v. Reynoldsgreen
moctapp · 1972 · cited in 1 Oregon opinions naming this issue, 1977–1977
1 sentence

1977See also, Sierk v. Reynolds, 484 SW2d 675 (Mo App 1972).

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 (4)

CaseCitedYears
Beck v. City of Tillamook green
or · 1992
2 sentences

2025We agree with LUBA that 1000 Friends waived the argument under the principles of waiver established in Beck v. City of Tillamook, 313 Or 148 , 831 P2d 678 (1992), because it could have been, but was not, raised on the first appeal to LUBA or to the county on remand. 3.

2025We agree with LUBA that 1000 Friends waived the argument under the principles of waiver established in Beck v. City of Tillamook, 313 Or 148 , 831 P2d 678 (1992), because it could have been, but was not, raised on the first appeal to LUBA or to the county on remand. 3.

22025–2025
Burlington Northern Inc. v. Lester green
orctapp · 1980
2 sentences

2011Without such a rule, application of the principles of claim preclusion “would, in effect, create a law of compulsory counterclaim in Oregon” even though “[t]he law in this state is to the contrary.” Burlington Northern v. Lester, 48 Or App 579, 583 , 617 P2d 906 (1980).

2011Without such a rule, application of the principles of claim preclusion “would, in effect, create a law of compulsory counterclaim in Oregon” even though “[t]he law in this state is to the contrary.” Burlington Northern v. Lester, 48 Or App 579, 583 , 617 P2d 906 (1980).

12011–2011
State v. Mende green
or · 1987
2 sentences

2009The state, however, cites State v. Mende, 304 Or 18 , 741 P2d 496 (1987), for the proposition that the principles of waiver upon which that case was decided are also controlling here.

2009The state, however, cites State v. Mende, 304 Or 18 , 741 P2d 496 (1987), for the proposition that the principles of waiver upon which that case was decided are also controlling here.

12009–2009
Lee v. Mitchell green
orctapp · 1998
2 sentences

2001We explained its relationship to the principles of claim preclusion in Lee v. Mitchell, 152 Or App 159 , 953 P2d 414 (1998): “The rule replaces the previous plea in abatement on the same ground. * * * «i]< % % íjí ifc *597 “* * * [T]here has always been a close connection between abatement for another action pending and the claim preclusion doctrines of merger and bar * * *.

2001We explained its relationship to the principles of claim preclusion in Lee v. Mitchell, 152 Or App 159 , 953 P2d 414 (1998): “The rule replaces the previous plea in abatement on the same ground. * * * «i]< % % íjí ifc *597 “* * * [T]here has always been a close connection between abatement for another action pending and the claim preclusion doctrines of merger and bar * * *.

12001–2001

Where else courts name it

IL 117 (1958–2026) CA 51 (1895–2026) PA 33 (1839–2025) MD 22 (1909–2020) MO 21 (1890–2024) NY 21 (1859–2018) NJ 18 (1945–2023) GA 17 (1939–2015) TX 17 (1910–2026) NC 16 (1994–2022) IA 16 (1939–2026) MN 15 (1987–2025) WI 14 (1975–2019) OH 14 (2005–2024) CT 11 (1972–2016) MI 11 (1983–2023) TN 11 (1905–2015) FL 10 (1962–2016) WV 10 (1903–2026) AL 9 (1940–2008) VT 8 (1972–2026) VA 8 (1966–2020) OK 8 (1900–2015) MS 7 (1895–2025) ID 6 (1983–2025) OR 6 (1977–2025) MA 6 (1937–2025) KS 5 (1925–2021) WA 5 (1972–2020) UT 5 (1996–2024) LA 5 (1998–2025) RI 4 (1960–2004) DE 4 (1939–2015) NM 3 (2009–2024) WY 3 (1988–1997) IN 3 (1898–2014) CO 3 (1947–2025) AZ 3 (2010–2025) SD 3 (1957–2007) DC 3 (1979–2012) NV 3 (2009–2021) MT 3 (1927–2008) KY 2 (1965–2025) AR 2 (1909–2012) ME 2 (1973–2020) HI 2 (1946–1995)

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.

← Caselaw search · G Cite Topics · Brief Check