section against any claim (Oregon) · Go Syfert
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section against any claim in Oregon

5 Oregon opinions name it 1 courts 2023–2025 5 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
Neumann v. Lilesgreen
or · 2016 · cited in 2 Oregon opinions naming this issue, 2025–2025
2 sentences

2025See Neumann v. Liles, 358 Or 706, 722 , 369 P3d 1117 (2016). *36 “* * * * * “(d) Any other conduct in furtherance of the exercise of the constitutional right of assembly, petition or association or the constitutional right of free speech or freedom of the press in connection with a public issue or an issue of public interest. “* * * * * “(4) A defendant making a special motion to strike under the provisions of this section has the initial burden of making a prima facie showing that the claim against which the motion is made arises out of a statement, document or conduct described in subsection

2025See Neumann v. Liles, 358 Or 706, 722 , 369 P3d 1117 (2016). *36 “* * * * * “(d) Any other conduct in furtherance of the exercise of the constitutional right of assembly, petition or association or the constitutional right of free speech or freedom of the press in connection with a public issue or an issue of public interest. “* * * * * “(4) A defendant making a special motion to strike under the provisions of this section has the initial burden of making a prima facie showing that the claim against which the motion is made arises out of a statement, document or conduct described in subsection

22

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 (2)

CaseCitedYears
Young v. Davis green
orctapp · 2013
2 sentences

2024The court shall grant the motion unless the plaintiff establishes in the manner provided by subsection (4) of this section that there is a probability that the plaintiff will prevail on the claim. * * * “(2) A special motion to strike may be made under this section against any claim in a civil action that arises out of: “* * * * * “(c) Any oral statement made, or written statement or other document presented, in a place open to the public or a public forum in connection with an issue of public interest; or “(d) Any other conduct in furtherance of the exercise of the constitutional right of ass

2024The court shall grant the motion unless the plaintiff establishes in the manner provided by subsection (4) of this section that there is a probability that the plaintiff will prevail on the claim. * * * “(2) A special motion to strike may be made under this section against any claim in a civil action that arises out of: “* * * * * “(c) Any oral statement made, or written statement or other document presented, in a place open to the public or a public forum in connection with an issue of public interest; or “(d) Any other conduct in furtherance of the exercise of the constitutional right of ass

22024–2024
Handy v. Lane County green
or · 2016
2 sentences

2023If the court determines that a claim falls within one of those four categories, then “the burden shifts to the plaintiff in the action to establish that there is a probability that the plaintiff will prevail on the claim by presenting substantial evidence to support a prima facie case.” ORS 31.150(3). “[T]he plaintiff must submit sufficient evidence from which a reasonable trier of fact could find that the plaintiff met its burden of production.” Handy v. Lane County, 360 Or 605, 622-23 , 385 P3d 1016 (2016).

2023If the court determines that a claim falls within one of those four categories, then “the burden shifts to the plaintiff in the action to establish that there is a probability that the plaintiff will prevail on the claim by presenting substantial evidence to support a prima facie case.” ORS 31.150(3). “[T]he plaintiff must submit sufficient evidence from which a reasonable trier of fact could find that the plaintiff met its burden of production.” Handy v. Lane County, 360 Or 605, 622-23 , 385 P3d 1016 (2016).

12023–2023

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