The facts. The Idaho Department of Labor found that Nathaniel Sheehan was ineligible for unemployment insurance benefits and ordered him to repay benefits that he had received. During Sheehan’s initial protest, the Department advised Sheehan that it would email updates
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Idaho Supreme Court Update: Gray v. Gray
The facts. Mom and Dad were married, had a child, and divorced. As part of the divorce, the parties reached a visitation arrangement that gave Mom primary custody of the child and Dad visitation. Mom later relocated to Costa Rica…
Idaho Supreme Court Update: Carver v. Hornish
The facts. A father allegedly consented to a sham marriage for his minor daughter to evade the magistrate court’s jurisdiction over a custody dispute with his ex-wife. The mother requested expedited relief to stop the sham marriage, but the magistrate…
In Reversal, Minnesota Supreme Court Finds State Law Does Not Preempt Proposed City Charter Amendment On Municipal Waste Collection System
In Jennissen v. City of Bloomington, 913 N.W.2d 456 (2018), the Minnesota Supreme Court recently held that Minn. Stat. § 115A.94 (2016) does not preempt local ordinances concerning municipal waste collection systems, finding that the Legislature did not intend to…
Minnesota Supreme Court Clarifies The Disproportionate Forfeiture Doctrine
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…
Trespass To Noncommercial Trees: No Effect On The Land’s Market Value? Then No Timber Trespass Claim, Says The Oregon Court Of Appeals
By Rachel Lee
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…
Oregon Supreme Court Allows Appeal from Voluntary Dismissal with Prejudice
By Rachel Lee
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…
Can an Orthodontist Tell the Oregon Board of Dentistry to Go Fly a Kite? Not Under ORS 679.170(6)
By Rachel Lee
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…
Oregon Court of Appeals Questions Trial Court’s Authority to Dismiss Case as Sanction for Prelitigation Spoliation
By Rachel Lee
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…
Pending Motion to Dismiss Does Not Prevent Filing Answer & Counterclaims
By Rachel Lee
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…