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The Advance Payment Trap
By: Laura Althouse Introduction In Medean v. Moeller, ___ Or. App. ___ (December 7, 2011), available at: http://www.publications.ojd.state.or.us/appeals.htm#dec11, the Oregon Court of Appeals clarified that ORS 31.555 is the only way a defendant may seek a partial satisfaction of judgment for payment of personal injury protection (“PIP”) benefits. This means that a defendant must request
EVIDENCE
State v. Anthony, ___ Or App ___ (January 5, 2012), available at http://www.publications.ojd.state.or.us/A136945.pdf Held: A hearsay statement is admissible if (1) the declarant is unavailable, (2) the statement is inculpatory, and (3) there is corroboration of the trustworthiness of the statement. The Court of Appeals reviewed this case on remand by the Oregon Supreme Court
APPEALS
Gambaro v. Dept. of Justice, ___ Or App ___ (January 5, 2012), available at http://www.publications.ojd.state.or.us/A143270.pdf. Held: To overcome an adverse ruling on appeal, the appellant must address and overcome each alternative ground relied upon by the trial court. Gambaro brought suit against the state when his personal affects were destroyed as part of a contamination
CIVIL PROCEDURE
Robinson v. Harley-Davidson Motor Company, ___ Or App ___ (January 5, 2012), available at http://www.publications.ojd.state.or.us/A143846.pdf. Held: To establish personal jurisdiction, a plaintiff must allege sufficient minimum contacts by the defendant with the forum state, and that the claim arises out of those contacts. Plaintiff Robinson, an Oregon resident, was riding her motorcycle through Idaho when