Non-solicitation agreements are very useful tools for many employers. A non-solicitation agreement contains language that prevents a departing employee from soliciting business from customers of the employer for a period of time. It may also prevent the departing employee from soliciting employees of the company for a period of time. The non-solicitation provisions may also [...]
Insurance commission complaints are subject to public disclosure beginning January 1, 2016. This will provide more transparency, and increase leverage against insurance companies that engage in unfair settlement practices. As background, there has existed in Oregon an unfair claims settlement practices statutes. Looking at some of the key provisions that would apply in a normal [...]
There are primarily four ways for settling the personal injury claim. First is by negotiation. Typically most personal injury attorneys will begin by sending a demand letter to the insurance carrier if known, or to the person or business that caused the injury. The demand letter will state what the client claimant wants to settle [...]
The Oregon Court of Appeals issued an opinion holding that the pain and suffering damage cap (noneconomic damage cap) violated the Oregon Constitution. In the opinion Vasquez v. Double Press Mfg., issued May 4, 2016, the court of appeals held that ORS 31.710 (1), which places a cap of $500,000.00 on most non-economic damages in [...]
New restrictions on use of criminal background checks in hiring are now in place. The new law in Oregon and the ordinance recently passed by the Portland City Council both went into effect on January 1, 2016. In popular language the legislation is referred to as “ban the box” legislation, referring to the box in [...]
Snapchat, a popular social networking platform, has a feature, or filter that allows the user to post the speed he or she is travelling at laid over a photograph. The problem is that some people then want to post pictures of them driving at excessive speeds. Snapchat has been sued by a woman named Wentworth [...]
A very powerful weapon exists in Oregon law in the form of an anti-SLAPP motion. The anti-SLAPP motion can tilt the tables against the deep pocket company, and can put a quick end to certain frivolous claims. “SLAPP” stands for “strategic lawsuits against public participation.” The statute is designed to provide for easy dismissal of [...]
The Oregon Supreme Court recently addressed online defamation in a defamation case filed over an online Google review made by an individual. The case, Neumann v. Liles, 358 Or 706 (2016) was decided by the court on March 3, 2016. In that case, a guest had attended a wedding ceremony that was hosted by a [...]
The Oregon Supreme Court recently decided the case of Decard v. Bunch. In the September, 2015 opinion, the Court further explained the impact of Oregon’s dram shop statute on host liability for an intoxicated guest that ends up causing injuries in a foreseeable manner. Oregon’s dram shop statute, which is a liquor liability statute, is [...]
There is currently a multi-district class action lawsuit against the NHL over NHL player brain injuries that is being allowed to proceed. See the order. In the multi-district lawsuit an amended complaint was filed on January 15, 2016. The amended complaint alleges that the NHL should have been aware of the growing body of scientific [...]