SNR Denton on Fred Shearer & Sons, Inc. v. Gemini Insurance Co.: Oregon Allows Use of Extrinsic Evidence To Determine Whether a Defendant is Insured

By William T. Barker & Ronald D. Kent, Partners, SNR Denton An insurer's duty to defend is usually determined based on the facts alleged within the four corners of the complaint against the insured. Various jurisdictions allow or require consideration of other evidence ("extrinsic evidence"...

Court Rules That State Bar’s Professional Liability Fund Is NOT Subject to MMSEA Reporting

By: Mark Popolizio, Esquire, Crowe Paradis Services Corporation In the case of Oregon State Bar Professional Liability Fund v. United States Department of Health and Human Services & Kathleen Sebelius , 2012 U.S. Dist. Lexis 43790 (D. Oregon, March 29, 2012) the court (Marco Antonio Hernandez,...

Oregon Federal Court Holds No Duty to Pay Insured’s Appellate Costs

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in City of Medford v. Argonaut Ins. Group, 2012 U.S. Dist. LEXIS 86114 (D. Ore. June 21, 2012) , the United States District Court for the District of Oregon had occasion to consider whether an insurer's...

Oregon Supreme Court Weeds Out Medical Marijuana Accommodation Claims in the Workplace

by Karin Jones The Oregon Supreme Court has confirmed that employers are not obligated to accommodate the use of medical marijuana by disabled or other employees, holding in Emerald Steel Fabricators, Inc. v. Bureau of Labor and Industries, 348 Ore. 159, 230 P.3d 518 (2010) that federal law preempts...

Oregon Adopts Fraud-On-The-Market Theory

In Basic Inc. v. Levinson , 485 U.S. 224 (1988), the U.S. Supreme Court adopted the "fraud-on-the-market" theory of reliance, which presumes that investors who bought or sold a security did so in reliance on the integrity of the market price of that security: The fraud on the market theory...

Oregon OKs Driver Licenses for DACA Grantees

"Following almost four months of deliberation, Oregon officials have decided to let young immigrants drive under President Barack Obama's deportation deferral program. Oregon Driver and Motor Vehicle Services will now accept deferred action work permits, which are renewable every two years,...

Oregon Governor Signs Tuition Equity Bill

"Gov. John Kitzhaber on Tuesday morning signed into law a bill that grants in-state tuition to undocumented Oregon high school graduates who meet certain criteria. "Friends, a dream has become a reality," Kitzhaber said after signing the bill, which he described as a "long overdue...

New Law Makes Personal Social Media Accounts Off-Limits for Oregon Employers

Under current law, an Oregon employer may require employees and applicants to provide access to their personal social media accounts, but that is likely to change very soon. On May 16, 2013, Oregon Legislature passed House Bill 2654 ("HB 2654"), which would make it an unlawful employment...

DOL Guidance Clarifies FMLA Rights for Same-Sex Couples

It has been nearly two months since the U.S. Supreme Court nullified Section 3 of the Defense of Marriage Act ("DOMA"). Yet, the Administration has been largely silent on its interpretation of how the Supreme Court's decision affects the 1,100 plus federal laws that use the term "spouse...

Farella Braun + Martel LLP: New Case Affirms Broad Duty to Defend In Construction Defect Case Where Damage Dates Unclear

By John Green, Partner, Farella Braun + Martel LLP A new case from Oregon deals with a recurring problem in construction defect litigation—the absence of clear dates in the complaint regarding when damage is alleged to have occurred. Frequently, a plaintiff will allege that defects in a construction...

Oregon Court of Appeals Clarifies When a Worker Is an Employee (Not an Independent Contractor) for Unemployment Tax Purposes

It is important to know when an individual is an employee, but statutes, regulations, and agency interpretations don't always use the same definition. Court decisions applying these rules repeatedly demonstrate that businesses cannot assume, without careful consideration, that a given worker is not...

State Net Capitol Journal: States Try To Fill Federal Vacuum On Immigration Reform

By Lou Cannon | With immigration reform blocked by partisan gridlock and government shutdown in Washington, states led by California have stepped in to ease the plight of illegal immigrants. "While Washington waffles on immigration, California's forging ahead," Gov. Jerry Brown (D) said...

Oregonians to vote on immigrant driver's licenses

"Oregonians are headed for a statewide vote on a new law that allows immigrants who can't show they're in the United States legally to obtain driver's licenses. Secretary of State Kate Brown's office said Friday that opponents of the law submitted nearly 71,000 signatures, and the...

Oregonians to vote on immigrant driver's licenses

"Oregonians are headed for a statewide vote on a new law that allows immigrants who can't show they're in the United States legally to obtain driver's licenses. Secretary of State Kate Brown's office said Friday that opponents of the law submitted nearly 71,000 signatures, and the...

State Net Capitol Journal: Health Exchange Enrollments Lag In First Month

Only three states — Connecticut, Rhode Island and New York — reached their enrollment targets in the first month of open enrollment in the health insurance exchanges created under the Affordable Care Act. All three states, which run their own exchanges, actually exceeded their targets, with...

State Net Capitol Journal: States Laboratories Of Health Care Finance

Under a program created by the Affordable Care Act called the State Innovation Models Initiative, six states — Arkansas, Maine, Massachusetts, Minnesota, Oregon and Vermont — began testing new health care financing models this year. Colorado, New York, and Washington will be next up to try...

State Net Capitol Journal: Momentum Shift On Gay Marriage?

With Illinois Gov. Pat Quinn's (D) signing of SB 10 last week, his state became the 16th to legalize same-sex marriage. But that action may have marked a major turn in the battle over the issue. This year five states with Democrat-controlled legislatures — Delaware, Hawaii, Illinois, Minnesota...

Oregon Immigration Scammers Exposed

"Immigration lawyers say Snyder and Vega plied Interstate 5 from Portland to Los Angeles for four years, assuring undocumented immigrants they would help them earn work visas and citizenship quick—an appealing scenario for a process that usually takes years. Instead, victims say Snyder and...

DLA Piper Energy Alert: DOE Approves LNG Exports To Non-Free Trade Countries

By Philip Angeli The US Department of Energy has issued an Order granting approval to Jordan Cove Energy Project, L.P. to export liquefied natural gas (LNG) from Jordan Cove’s liquefaction and export terminal in Coos Bay, Oregon, to countries that do not have a free trade agreement with the...

ICE Detainer = 4th Amendment Violation: Miranda-Olivares v. Clackamas County

"A federal magistrate judge in Oregon concluded that county officials violated a woman’s Fourth Amendment rights when they kept her in custody solely on the basis of an immigration detainer. Miranda-Olivares v. Clackamas County , No. 3:12-cv-02317-ST, slip op. (D. Or. April 11, 2014) (Stewart...

Oregon Ruling Spurs Halt on Immigration Detainers

A federal judge in Oregon has found that an immigrant woman's constitutional rights were violated when she was held in jail without probable cause at the request of U.S. immigration authorities, one of several recent federal court decisions to scrutinize the practice of keeping people in jail after...

Updated List of Oregon Counties Not Honoring ICE Detainers/Holds

"Updated list of Counties (April 23, 2014) Counties* in Oregon that do not honor ICE holds as compliant with the 4th Amendment for detention purposes: Clackamas Crook Deschutes Douglas Gilliam Hood River Jackson Jefferson Lane Lincoln Marion Multnomah ...

Oregon Officials Abandon State Insurance Exchange, Turn To Federal Exchange

DURHAM, Ore. — (Mealey’s) Oregon on April 25 dumped its failed Patient Protection and Affordable Care Act (ACA) state exchange at an agency board meeting, with the governing body unanimously adopting a technology workgroup suggestion that the federal exchange provided the most reliable and...

For Richer, For Poorer...For $5,000

"Oregon First Lady Cylvia Hayes today confessed to breaking federal law in 1997 by entering into an illegal marriage with an 18-year-old Ethiopian immigrant. Hayes, who is now engaged to Gov. John Kitzhaber, says she was paid approximately $5,000 to marry the man, Abraham B. Abraham. Hayes had kept...

Oregon Legalizes Recreational Marijuana

On Tuesday, Oregon voters passed Measure 91. As a result, Oregon followed Colorado and Washington to become the third state to legalize recreational usage of marijuana under state law. Under the new law, the bulk of which takes effect on July 1, 2015, individuals may possess up to four mature marijuana...