A. Introduction A noncompetition agreement in the employment context is a contract under which the employee agrees not to compete against the employer for a specified period, usually within a specified geographic area. Although a noncompetition agreement can be a separate agreement, non-competition clauses are often part of a broader employment contract. The use of [...]
In December, 2016, the Oregon Supreme Court recognized the tort of negligent infliction of emotional distress without a physical impact. Philibert v. Kluser, 360 OR 698 (2016). This was a change. Since 1986, Oregon law has been clear that Oregon follows the “impact” test, that required a physical impact in order to recover for emotional [...]
In Oregon, wrongful death actions are governed by statute. The people that may bring a wrongful death action include spouses, children and parents of the deceased. The action is brought by the personal representative of the decedent for the benefit of such person or persons. Also included are step children and step parents, and person(s) [...]
Today virtually everyone is carrying around cell phone/computers in their pockets, and has the ability to take pictures or videos at any time. This allows them to surreptitiously record images in locker rooms, bathrooms, bedrooms or other private settings. Further, stories abound in the media about people putting sex videos of celebrities or their former [...]
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 [...]