From the Ground Up

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Opening the Door to Owner and General Contractor Liability Under Oregon's Employer Liability Law

Aug 29, 2016

Construction, Legal Developments—Oregon, Litigation, Real Estate, From the Ground Up

General contractors and other employers (even some owners) have greater exposure under Oregon's Employer Liability Law (the “ELL”) to injured workers based on the recent Oregon Supreme Court decision in Yeatts v. Polygon Northwest Co. The ELL imposes...

Lack of Evidence of Prior Use Not Fatal to Implied Easement Claim

Aug 18, 2016

Land Use, Legal Developments—Oregon, Litigation, Real Estate, From the Ground Up

On August 10, 2016, the Oregon Court of Appeals issued a decision on an implied easement claim, finding that the lack of evidence regarding the use of the easement before the initial conveyance of the benefited property was not fatal to the claim. Da...

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...

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...

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...

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...