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State of Oregon Loses Statutory Recreational Immunity Defense Under New Court of Appeals Decisions

Aug 09, 2018

Land Use, Legal Developments—Oregon, Litigation, From the Ground Up

ORS 105.682 provides immunity from contract or tort claims to landowners who permit the public the use of their lands for recreational purposes. Under that statutory provision, a recreational user or the estate of such a user cannot sue the land...

Buzz Kill: Coffee Companies Roasted by Court Over Warning Labels

Apr 18, 2018

By Nicole McLaughlin

Environmental, Legal Developments—California, Litigation, From the Ground Up

Chances are that if you live in or have visited California, you have seen conspicuously placed “WARNING” signs notifying you that a product you are consuming or a location you are entering “contains chemicals known to the State of California to cause...

Supreme Court Clarifies Requirements for Lawsuit on a Lien Release Bond

Jan 22, 2018

By Brian Esler

Construction, Litigation, From the Ground Up, Legal Developments—Washington

Bonding around mechanics liens can be an efficient way to close out a project when disputes arise, but case law and statutes created some ticklish questions about who needed to be included in any subsequent lawsuit. Now, the Washington Supreme Court...

Isn't One Trial Enough? Jury Award Reversed and Remanded for Insufficient Evidence of Damages in Construction Contract Claim.

Nov 11, 2016

By Cody J. Elliott

Construction, Legal Developments—Oregon, Litigation, From the Ground Up

On October 26, 2016, the Oregon Court of Appeals reversed a general judgment and money award in favor of a general contractor because (1) the general contractor had failed to support its claim for damages for bonding and insurance costs with sufficie...

Smelter Not Liable Under CERCLA as an Arranger for Disposal

Jul 29, 2016

By Jeff C. Miller

Environmental, Insurance, Litigation, From the Ground Up

A Ninth Circuit panel reversed a district court’s denial of a smelter owner’s motion to dismiss, holding that the owner/operator of a facility that emits airborne hazardous substances cannot be held liable as an arranger for disposal under CERCLA. Th...

Lack of Evidence of Prior Use Not Fatal to Implied Easement Claim

Aug 18, 2016

Land Use, Legal Developments—Oregon, Litigation, Real Estate, From the Ground Up

On August 10, 2016, the Oregon Court of Appeals issued a decision on an implied easement claim, finding that the lack of evidence regarding the use of the easement before the initial conveyance of the benefited property was not fatal to the claim. Da...