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This month, the court of appeals (Judge Rex Armstrong) issued a new opinion on the constitutionality of the cap: Vasquez v. Double Press Manufacturing, Inc.   http://www.publications.ojd.state.or.us/docs/A154774A.pdf   The first version of this case (“Vasquez I”) had been decided over a year ago by the court of appeals.  It is a personal injury (not death) […]

Lindsay Hart congratulates attorney Katie Eichner on her recent election as a Director of the Board of Oregon Association of Defense Counsel (OADC). For 50 years, OADC has served as a membership organization for trial lawyers defending their clients across the State of Oregon. Katie will serve a three-year term and looks forward to working […]

by Jeff Young   Today, the Oregon Court of Appeals issued an opinion that has implications for defense lawyers. Generally, the parties may only try the issues raised in the pleadings. The question then arises whether a matter is truly “outside the scope of the pleadings.”   In Lydia Patricia Bergstrom v. Associates for Women’s […]

For years, Oregon law held that a plaintiff could not recover for purely emotional or psychic injury without a special relationship or a direct accompanying injury.  Family members could not seek emotional distress damages for witnessing the death of a loved one under this long-standing rule, known as the “physical impact” rule.  The Oregon Supreme […]