LANDAU, J. Petitioners seek review of the Attorney General's certified ballot title for Initiative Petition 22 (2012), arguing that the ballot title does not satisfy the requirements of ORS 250.035(2). We review a certified ballot title to determine whether it substantially complies with those statutory requirements. See ORS 250.085(5) (stating standard of review). For the reasons that follow, we refer the ballot title to the Attorney General for modification. Initiative Petition 22 would...
BALMER, J. Plaintiffs, one retired member and two active members of the Public Employees Retirement System (PERS), challenge certain actions of the Public Employees Retirement Board (PERB), alleging that those actions violated PERB's fiduciary duty to manage PERS for the exclusive benefit of PERS members. Specifically, plaintiffs allege that PERB breached its fiduciary duty when it settled City of Eugene v. State of Oregon, Marion County Circuit Court No. 99C-12794 (and consolidated cases)...
WALTERS, J. In this civil action, we decide that ORCP 44 C required plaintiff to deliver to defendants, at defendants' request, a copy of all written reports of examinations related to the psychological injuries for which plaintiff sought recovery, including, specifically, the report of an examination by a psychologist retained by plaintiff's counsel for the purpose of the litigation. Because defendants requested and plaintiff failed to deliver that report, the trial court entered an order,...
KISTLER, J. A worker who suffers a "compensable injury" may seek compensation for the injury and, for three years following the injury, also may demand reinstatement to his or her former position of employment. See Armstrong v. Rogue Federal Credit Union, 328 Or. 154 , 161, 969 P.2d 382 (1998). Additionally, for five years following the injury, the worker may seek compensation if the condition resulting from the injury worsens. ORS 656.273. The primary question in this case is whether a...
DE MUNIZ, C.J. Petitioners Ruth Robinson, et al., (Window Retirees) have filed a petition for reconsideration requesting that the court modify its disposition in this case. Arken v. City of Portland, 351 Or. 113 , 263 P.3d 975 (2011). Petitioners assert that the court erred in determining that the proper disposition is to invalidate both the administrative expense mechanism and the COLA freeze mechanism set out in Oregon Laws 2003, chapter 625, section 14b(1) (Section 14b(1)). Petitioners...
LANDAU, J. Petitioners seek review of the Attorney General's certified ballot title for Initiative Petition 21 (2012), arguing that the ballot title does not satisfy the requirements of ORS 250.035(2). We review a certified ballot title to determine whether it substantially complies with those statutory requirements. See ORS 250.085(5) (stating standard of review). For the reasons that follow, we refer the ballot title to the Attorney General for modification. Initiative Petition 21 would...
DE MUNIZ, C.J. This is a certified appeal from the Court of Appeals. See ORS 19.405 (describing process for certification of appeal to this court). The dispute arises out of the case of Williams v. Philip Morris Inc., in which, in 1999, a jury awarded the Estate of Jesse Williams (the Williams estate) compensatory damages and $79.5 million in punitive damages for Philip Morris, Inc.'s (Philip Morris) fraud and negligence leading to the smoking-related lung cancer death of Jesse Williams....
BALMER, J. On Request for Court and/or the Chief Justice to Act on its Own Motion and Issue an Order Enforcing the Alternative Writ of Mandamus This matter comes to this court on a "request" that it enforce, on its own motion, an alternative writ of mandamus that it previously issued in connection with Gary Haugen's death warrant proceeding. After that writ issued, this court determined that it had been complied with, and then sua sponte dismissed it. The request to now enforce the...
WALTERS, J. In this legal malpractice case, we apply the "discovery rule" and decide that the trial court erred in concluding, on defendant's motion for summary judgment, that plaintiffs claim was time-barred. We state the facts adduced by the parties on summary judgment in the light most favorable to plaintiff, the nonmoving party. Hampton Tree Farms, Inc. v. Jewett, 320 Or. 599 , 613, 892 P.2d 683 (1995). In 2000, plaintiff, a farmer for over 30 years, was, and had been, farming two...
KISTLER, J. Petitioners on Review's Petition for Attorney Fees Pursuant to ORS 742.061, plaintiffs (Zidell) have petitioned to recover attorney fees that they incurred before this court and the Court of Appeals. Defendants (London) have objected to Zidell's fee request on three grounds. London contends that, as a result of a 2005 amendment to ORS 742.001, Zidell may not recover any fees that it incurred after the effective date of that amendment. Alternatively, London argues that Zidell is...
KISTLER, J. The question in this case is whether a landowner holding a Measure 37 waiver had a common law vested right to construct a residential subdivision that he had begun but not completed by the effective date of Measure 49. Yamhill County found that the costs that the landowner had incurred were sufficient to establish a vested right to complete construction of the subdivision, and the circuit court upheld the county's decision on a writ of review. The Court of Appeals reversed the...
LINDER, J. Petitioners seek review of the Attorney General's certified ballot title for Initiative Petition 15 (2012). See ORS 250.085(2) (specifying requirements for seeking review of certified ballot title). This court reviews the certified ballot title to determine whether it substantially complies with ORS 250.035(2) (stating requirements for ballot titles). For the reasons explained below, we refer the ballot to the Attorney General for modification. If enacted, Initiative Petition 15...
LANDAU, J. ORS 105.135(3) requires a plaintiff in an action for forcible entry and detainer (FED) to serve the summons and complaint "by the end of the judicial day next following the payment of filing fees." The issue in this case is whether failure to serve a summons and amended complaint within one day of the payment of filing fees requires dismissal of the FED action. Both the trial court and the Court of Appeals concluded that such a failure did not require dismissal. We agree and...
WALTERS, J. In this case, we adhere to prior decisions of this court and decide that the "automobile exception" to the warrant requirement of Article I, section 9, of the Oregon Constitution, does not permit a warrantless search of a defendant's vehicle when the vehicle is parked, immobile, and unoccupied at the time that the police encounter it in connection with a crime. The state charged defendant with various drug offenses, and defendant filed a motion to suppress evidence that the police...
DE MUNIZ, C.J. These two cases are before this court on certified appeals from the Court of Appeals. ORS 19.405. Both cases involve the Public Employees Retirement Board's (PERB or the Board) revision or reduction of benefits with respect to so-called "Window Retirees." 1 These cases involve the Board's efforts to recoup overpayments of benefits to retirees that were predicated on a 20 percent earnings credit for calendar year 1999 that the Board approved by order in 2000. PERB has sought to...
WALTERS, J. In this case we decide evidentiary and pleading questions that arose in the trial of a multi-defendant negligence case. Plaintiff, decedent's father, brought this case against defendants Combined Transport, Inc. (Combined Transport) and Judy Clemmer (Clemmer). On the day that decedent died, a truck owned and operated by Combined Transport lost part of its load of large panes of glass on the 1-5 freeway. During the clean-up, traffic backed up and decedent was stopped. Clemmer drove...
DE MUNIZ, C.J. This case involves the intersection of free speech rights under Article I, section 8, of the Oregon Constitution, and the crime of violating a stalking protective order, ORS 163.750. Defendant violated the terms of a stalking protective order by contacting the victim through a third party and was subsequently found guilty by a jury of two counts of violating ORS 163.750. The Court of Appeals reversed defendant's convictions. That court reasoned that Article I, section 8,...
BALMER, J. This case concerns the proper application of stare decisis and requires us to decide whether Collins v. Farmers Ins. Co., 312 Or. 337 , 822 P.2d 1146 (1991), is still good law. In Collins, this court held that an exclusion in a motor vehicle liability insurance policy that purported to eliminate all coverage for a claim by one insured against another insured under the same policy was unenforceable to the extent that it failed to provide the minimum coverage required by the...
LANDAU, J. Petitioners seek review of the Attorney General's certified ballot title for Initiative Petition 16 (2012), arguing that the ballot title does not satisfy the requirements of ORS 250.035(2). See ORS 250.085(2) (specifying requirements for seeking review of certified ballot titles). We review a certified ballot title to determine whether it substantially complies with those statutory requirements. See ORS 250.085(5) (stating standard of review). For the reasons that follow, we...
BALMER, J. Petitioners seek review of the Attorney General's certified ballot title for Initiative Petition 14 (2012). See ORS 250.085(2) (specifying requirements for seeking review of certified ballot title). This court reviews the certified ballot title to determine whether it substantially complies with ORS 250.035(2) (stating requirements for ballot titles). For the reasons explained below, we refer the ballot title to the Attorney General for modification. Initiative Petition 14, if...
