Notice of Appeal

The Stoel Rives Appellate Law Blog

The Minnesota Supreme Court recently clarified the application of the doctrine against disproportionate forfeiture under Minnesota contract law in Capistrant v. Lifetouch Nat’l Sch. Studios, Inc., 916 N.W.2d 23 (Minn. 2018).  Minnesota courts (and other jurisdictions) have long relied on the disproportionate forfeiture doctrine as a way to prevent inequitable penalties in contracts, although the doctrine is not uniformly interpreted.  In Capistrant, while the court confronted the specific question of “whether a former employee’s delay…
In Harshbarger v. Klamath County, No. A163379, the Oregon Court of Appeals addresses timber trespass claims involving noncommercial, ornamental trees.  In such cases, the court holds, the plaintiff must prove either (1) that damage to the trees diminished the market value of the real property, or (2) that the effect on the property’s value cannot be determined.  According to the court, if the evidence shows that the land’s market value is not affected, then…
In Gist v. Zoan Management, No. S064925, the Oregon Supreme Court clarifies the circumstances under which a party can appeal from a judgment of voluntary dismissal.  More than 50 years ago, the Oregon Supreme Court held that “a party may not appeal from a judgment which he voluntarily requested.” Steenson v. Robinson, 236 Or 414, 416-17 (1963).  Now, in Gist, the court announces that the Steenson rule does not apply if the judgment was…
Angle v Board of Dentistry, No. A162472, decided by the Oregon Court of Appeals on October 17, 2018, is a statutory interpretation case about nonresponsive responses. ORS 679.170(6) provides that no person shall “fail to respond” to a written request from the Board of Dentistry for information.  Does a “nonresponsive” reply count as a failure to respond?  In this case, the Oregon Court of Appeals decides that just saying something is not sufficient to…
Markstrom v Guard Publishing Co., No. A163317, decided by the Oregon Court of Appeals on October 10, 2018, is about the prelitigation destruction of evidence.  The plaintiff, as an employee of the defendant, had been reprimanded and placed on a performance improvement plan, and she had submitted a notice of grievance through her union.  Then, while out on a pregnancy-related medical leave, she deleted emails on her work account, against her supervisor’s instructions.  She…
In Wells Fargo v Clark, No. A162461, the Oregon Court of Appeals held that defendants may file an answer and counterclaim even while their ORCP 21 A motion to dismiss is still pending.  In this case, on the morning of the hearing on the defendants’ motion to dismiss, the defendants filed an answer to the plaintiff’s complaint and counterclaims.  The same morning, the plaintiff filed a notice of voluntary dismissal.  The trial court ruled…
Wood v Wasco County, No. A161351, addresses how to apply mootness principles to an alleged public records violation.  In 2014, allegedly without giving proper notice under Oregon’s Public Meetings Law, the Wasco County Board of Commissioners voted to give notice of the county’s intent to withdraw from an intergovernmental agreement.  After the Plaintiff sued to have the notice declared void and also for equitable relief to ensure future compliance with the Public Meetings Law, the Board of Commissioners…
In May, we wrote about amendments to the Idaho Appellate Rules that go into effect July 1, 2017. You can link to the blog post here. The changes impact I.A.R. 11.1, 12.1, 12.2, 25, 27(f), 28(g), 32(b), 33, 34(a), 34.1, and 40. Key amendments address the submission of electronic briefs (they are now mandatory), the reporter’s standard transcript in criminal appeals (the contents have changed), and magistrate appeals involving child custody (the rules have…
In Baughman v. Wells Fargo Bank, 2017 Opinion 50 (May 26, 2017) (slip op.), the Supreme Court addressed a matter of first impression related to the statute of limitations in Idaho Code § 5-214A. In this case, the plaintiffs filed suit to prevent foreclosure by arguing that the foreclosure proceeding was barred by the statute of limitations. Idaho Code § 5-214A provides: “An action for the foreclosure of a mortgage on real property must…
This Spring, the Idaho Supreme Court issued several opinions addressing issues of first impression. Below are the highlights from a second opinion addressing such an issue, Tucker v. State. In Tucker v. State, 2017 Opinion 38 (Apr. 28, 2017) (slip op.), as a matter of first impression, the Supreme Court concluded that sovereign immunity does not insulate the State of Idaho from suit when constitutional violations are alleged.  Here, Plaintiffs had filed a class…