From the Ground Up

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Controversial Cap on Damages Against Public Entities and Employees Upheld in Horton v. OHSU

Jun 03, 2016

Legal Developments—Oregon, From the Ground Up

While this case is not specifically related to the development industry, we believe the constitutional issues will be important to this blog’s audience and our public sector clients. In May 2016, the Oregon Supreme Court upheld a controversial statut...

Lead in Drinking Water: What Schools Need to Know

Jun 10, 2016

Environmental, From the Ground Up

There's no doubt that some attention has been given to the water quality at Oregon schools in the past month. But the issue has been around for some time. Since the late 1980s, concerns have been raised about lead leaching from pipes and faucets into...

Not So Fast! Oregon's New Negligent-Construction Statute of Limitations May Have Insurance Implications

Jun 23, 2016

By Christine L. Taylor

Construction, From the Ground Up

Last Thursday, the Oregon Supreme Court issued its opinion in Goodwin v. Kingsmen Plastering, Inc., 359 Or 694 (2016), holding that the deadline to file a negligent construction-defect claim is two years from the time a plaintiff knew or should have...

Employment Law Issues for the Development Industry (June Update)

Jun 27, 2016

Legal Developments—National, Regulation, From the Ground Up

As mentioned in my April post, I plan to capture and consolidate employment law articles written by my colleagues on employment issues pertinent to the development industry. Below are three recent articles that you might find useful to your busi...

In Vino Perseverance: Winery Launch Faces Barriers to Entry

Jul 14, 2016

Land Use, From the Ground Up

From The Ground Up contributor LeAnne Bremer recently had an article published in the Vancouver Business Journal titled "In Vino Perseverance: Winery Launch Faces Barriers to Entry." The article discusses land use and permitting issues encountered by...

Smelter Not Liable Under CERCLA as an Arranger for Disposal

Jul 29, 2016

By Jeff C. Miller

Environmental, Insurance, Litigation, From the Ground Up

A Ninth Circuit panel reversed a district court’s denial of a smelter owner’s motion to dismiss, holding that the owner/operator of a facility that emits airborne hazardous substances cannot be held liable as an arranger for disposal under CERCLA. Th...