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Supreme Court to Take Up Protection of Confidential Information Provided to the Government
On January 11, the United States Supreme Court announced it accepted the Food Marketing Institute’s cert petition to review the Eighth Circuit’s decision in Food Marketing Institute v. Argus Leader Media, representing the latest development towa...
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Condo Lien Gone Wrong: Summary Lien Procedure used Successfully to Challenge Excessive Condo Lien
ServPro filed a single lien on a condo for water damage remediation work in the amount of $183,945.09 but did not allocate proportionally the amount of its billing among the 20 units impacted. This mistake illustrates the difficulties in getting a li...
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Portland-Area Consumer Price Index Discontinued
Many local commercial leases use the Portland-area consumer price index ("CPI") to calculate periodic rent adjustments. That index was discontinued in 2018. For commercial landlords and tenants whose leases rely on the now-discontinued Portland...
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Oregon Supreme Court Allows Coos Bay Terminal Project to Move Forward
On July 26, 2018, the Oregon Supreme Court affirmed the Court of Appeals in its affirmance of a Department of State Lands' (DSL) final order granting a permit to the Port of Coos Bay that allows the Port to dredge 1.75 million cubic yards of materi...
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Injunctive Relief Exclusive Remedy For Successful Bidder Seeking Damages on Construction Job Not Performed
On July 26, 2018, the Washington Supreme Court issued a new decision addressing public bidding in Specialty Asphalt & Constr., LLC v. Lincoln County. Specialty Asphalt was the winning bidder on a paving project for Lincoln County. After not requ...
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State of Oregon Loses Statutory Recreational Immunity Defense Under New Court of Appeals Decisions
ORS 105.682 provides immunity from contract or tort claims to landowners who permit the public the use of their lands for recreational purposes. Under that statutory provision, a recreational user or the estate of such a user cannot sue the land...
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