Newsroom Category: Oregon

Thomas Olsen and Kaitlyn Jensen published in CLM Magazine

We are pleased to share that Partner Tom Olsen and Associate Kaitlyn Jensen have published an article in the CLM Construction Claims Magazine titled “BadaBing, Bada Building Boom: Much of today’s raging Northwest construction activity is based on essential digital instruments that can  help defense counsel if played well.” Click Here to view the article

Welcome Benjamin Allen!

Ben Allen joins LGP today as an associate in the Pacific Northwest office.  Ben is licensed in Washington and Oregon, and has extensive litigation experience in state and federal courts. To learn about Ben, click here

New Lower Court Ruling Sheds Light on Enforceability of Statutory Non-Economic Damages Cap in Oregon

On January 20, 2017, the Multnomah County Circuit Court released an opinion enforcing the $500,000 statutory cap on non-economic damages in a common law tort action.  This opinion provides valuable insight into how Multnomah County courts, and likely courts in other Oregon counties, will analyze and make determinations on the issue of whether the cap should apply in other cases. … Continue reading

Idaho Statute Allows Plaintiffs Opportunity to Recover Attorney Fees in Small Personal Injury Actions

A plaintiff who makes a claim for damages of $25,000 or less in a personal injury action in Idaho can take advantage of a fee-shifting statute which will allow the plaintiff to recover her fees at arbitration or trial.  In order to limit plaintiff’s ability to use this statute, it is important that a defendant receiving such a claim respond … Continue reading

Oregon’s Supreme Court Revives Statutory Damages Caps

On May 5, 2016, the Oregon Supreme Court released an opinion breathing new life into the long neglected statutory damages caps on the books in Oregon.  The opinion will likely have a beneficial effect on risk management and insurance premiums in Oregon. In  Horton v. OHSU, 359 Or 168 (2016),  the court explained that the legislature has the power to … Continue reading

Oregon Supreme Court Clarifies Statute of Limitations

On June 16, 2016, the Oregon Supreme Court clarified that negligent construction claims in Oregon are governed by a two year statute of limitations.  The law on this point had been very confused in Oregon for the last several years, with different circuit courts applying a six year rule or a two year rule, with or without a discovery rule.[1]  … Continue reading

Oregon Partners volunteering with Girls Build PDX

Rachel Nies and Elizabeth Wright, partners in our Portland office, will be helping girls learn to build this Thursday!  Rachel and Elizabeth are volunteering for the day with Girls Build PDX, a non-profit dedicated to putting tools in the hands of girls so that they can explore building and fixing. For more information about Girls Build PDX, click here.

Claims to Recoup Defense Fees and Costs Take Another Hit from Oregon Supreme Court

As discussed in an earlier blog, a March 2015 Oregon Supreme Court decision struck a blow against common law indemnity claims, including claims for defense fees and costs, in cases where Oregon’s comparative negligence statutes apply. In Eclectic Investment LLC v. Patterson, 357 Or 25 (March 19, 2015), the Court held that the judicially created doctrine of common law indemnity … Continue reading

Oregon Closes the Door on Common Law Indemnity Claims in Comparative Fault Cases

Oregon Closes the Door on Common Law Indemnity Claims in Comparative Fault Cases In Eclectic Investments, I LLC v. Patterson, 357 Or 25 (March 19, 2015), the Court held that the judicially created doctrine of common law indemnity is not necessary in cases where Oregon’s comparative negligence statutes apply. As the Court explained: The doctrine of common-law indemnity was developed … Continue reading

Navigating the Fog of Oregon’s Construction Claim Statute of Limitations

Navigating the Fog of Oregon’s Construction Claim Statute of Limitations   The law in Oregon regarding which statute of limitations is applicable to negligent construction claims, and when the applicable statute should begin to run, has been far from clear for many years.  Whether such claims are subject to a two-year or six-year statute of limitations, and whether a discovery … Continue reading