Tort Tips

A New Twist on the “Same Nine” Jury Rule

In Kennedy v. Wheeler, 356 Or 518 (2014), the Oregon Supreme Court recently revisited the “same nine” rule for jury decision-making, with a surprising result. The Oregon Constitution provides that “[i]n civil cases three-fourths of the jury may render a verdict.” Article VII (Amended), section 5(7) of the Oregon Constitution. The same rule is found […]

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New Appellate Guidance on Anticipatory Releases

The Oregon Supreme Court recently affirmed that the public policy favoring the deterrence of negligent conduct by holding wrongdoers accountable when they break a safety rule and hurt another overrides at least some prospective releases immunizing wrongful conduct. In Bagley v. Mt. Bachelor, Inc., 356 Or 543 (2014), a recreational activity business wanted to use […]

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Wrongful Death: Rafting Company Negligence

Autumn Lee died at the age of thirty-three as a result of the negligence of a rafting company. She was a much- loved wife and mother to six children (including two step-children), and a highly respected sales representative at Willamette Valley Winery. Autumn died on a commercially guided float trip on a family-friendly stretch of […]

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New Laws That Protect Elders

House Bill 2205 expanded the list of mandatory reporters of elder abuse. Under the new law, public or private official mandatory reporters include attorneys, dentists, optometrists, and chiropractors. As a result, if any of those officials come in contact with an elderly person whom the official reasonably suspects to have suffered abuse, the official is […]

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