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Kristian Roggendorf's blog
Stricter Liability for OLCC Licensees than Any Other Employers in Oregon
By Kristian RoggendorfPublished on Wed, 05/16/2012
OAR – Putting Some Meat on the Skeleton of Holmes v. Clackamas County.
By Kristian RoggendorfPublished on Thu, 01/05/2012
The “vested rights” standard for allowing the completion of development under Measure 49 has been a brutal exercise in legal procedure for many Measure 37 claimants. M49 was supposed to allow the completion of M37 development where the claimants had established a common law vested right. The problem was, the standard for establishing a common law vested right based on sunk costs was only discussed in a single Oregon supreme court case. From 1973.
Mea Culpa
By Kristian RoggendorfPublished on Wed, 01/04/2012
To those who have been reading this blog, my apologies. This fall was one of the busiest times in the last ten years of practicing law. I will try to catch up on some of the recent decisions over the last few months. There’s a very brief case overview (of a very long decision) coming right after this one. Please check back over the next few days and weeks.
The Worst Reconciliation Is Better than the Best Divorce
By Kristian RoggendorfPublished on Sun, 10/02/2011
Can a legitimate divorce nevertheless effect a fraudulent transfer? On September 28, 2011, the Oregon Court of Appeals issued its decision in Fadel v. El-Tobgy, A141215, a case in which a man who had wrongfully squandered his ailing and dependent mother’s fortune was sued for transferring his property to his ex-wife in a divorce.
Object to a Deficient Verdict, or Get Stuck with It
By Kristian RoggendorfPublished on Thu, 09/15/2011
The case of Estate of Maria Refugio Ibarra v. Lilly, A146268, http://www.publications.ojd.state.or.us/A146268.pdf (Or. Ct. App. August 31, 2011), involved an accident in which a minivan crashed into a log truck. Although the jury found the logging company negligent, the jury returned a verdict for $0 in non-economic damages, and awarded some economic damages. However, in Oregon, economic damages cannot be awarded unless non-economic damages are also awarded. Edmonds v.
The Gift That Keeps on Giving
By Kristian RoggendorfPublished on Fri, 08/19/2011
Is threatening to disclose someone’s sexually transmitted disease (genital herpes) on social media grounds for a domestic violence restraining order, particularly after they have admitted giving it to the person doing the disclosing? One might think that admitting to a battery (sexual contact while falsely concealing a venereal disease) would stop most people from filing a lawsuit against the person to whom they gave the disease. Not so.
The Unconstitutionality of Forcing Americans to Buy Anything
By Kristian RoggendorfPublished on Mon, 08/15/2011
I have to admit that I haven’t made it through all 304 pages of the Florida v. HHS decision. Going off press reports and legal commentary, the ruling appears to be simple enough: Obamacare’s individual mandate exceeds Congress’ power under the Commerce Clause.
The Wrong Way: No interlocutory appeals on motions to compel production of third party subpoenas
By Kristian RoggendorfPublished on Wed, 08/03/2011
Here’s an appellate procedure question with a potentially significant impact on O’Donnell Clark & Crew’s elder abuse practice: Can a probate proceeding be used to garner discovery when a wrongful death action is on appeal? According to the Court of Appeals in Assisted Living Concepts, Inc. v.
Jackson County, Alabama: the Bellwether of Massive Municipal Bankruptcies?
By Kristian RoggendorfPublished on Tue, 07/26/2011
I’ve been following the mounting doom of mass municipal bankruptcies in light of over-promised pensions and profligate spending on capital projects. It looks like the situation has moved beyond small towns like Oakridge, Oregon, and Central Falls, Rhode Island, as well as mid-sized towns like Vallejo, CA (latest news) and on