Oregon Bad Faith Law
 

Kandi McCauley v. State Farm Mutual Automobile Insurance


Portland, Oregon insurance law lawyer represented the Plaintiff who sued on a bad faith breach of insurance contract theory.



It is the improper denial of claims, the undervaluation of claims, or other actions by insurance companies (or those companies working with them) that are prohibited by the Unfair Claims Practices Act (ORS 746.230).

... More...
   $1 (07-18-2024 - OR)

City of Grants Pass, Oregon v. Johnson, et al.


Grants Pass, Oregon civil rights lawyers represented Plaintiff who sued claiming that Defendant's city ordinances violated their constitutional rights by prohibiting camping on public property.



Grants Pass, Oregon, is home to roughly 38,000 people, about 600 of whom are estimated to experience homelessness on a given day. Like many local governments across the Nation, G... More...
   $0 (06-28-2024 - OR)

United States of America v. Johnell Lee Cleveland

Portland, Oregon criminal defense lawyer represented the Defendant charged with Transporting a Victim Across State Lines for Illegal Sexual Activity


Tigard Repeat Offender Sentenced to Federal Prison for Transporting a Victim Across State Lines for Illegal Sexual Activity and Launderi... More...
   $0 (05-07-2024 - OR)

Laura Tomas v. Allstate Indemnity Company

Portland, Oregon insurance law lawyer represented the Plaintiff who sued the Defendant on a bad faith breach of contract theory.

This case was filed in the Multnomah County Circuit Court, 23CV18653, and was removed to federal court by Allstate Indemnity Company.

Oregon Supreme Court Confirms First Party Insurance Bad Faith in Oregon. After decades of dispute by lower courts, the ... More...
   $0 (03-21-2024 - OR)

Alana Marie Souza, et al. v. Brick House, Inc.

Eugene, Oregon intellectual property lawyers represented the Plaintiffs who sued the Defendant on a 15 U.S.C. 1125 Trademark Infringement (Lanham Act) violation theory.

15 U.S.C. 1125 provides:

(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any... More...
   $0 (12-10-2023 - OR)

Jose Casiano Sosa v. State Farm Mutual Automobile Insurance Company

Eugene, Oregon insurance law lawyers represented the Plaintiff who sued the Defendant on a bad faith breach of insurance contract theory.


Sosa was injured by an uninsured motorist while driving a vehicle he owned that was covered by a State Farm policy. State Farm paid out to Sosa the maximum damages available under that policy. Sosa, however, also holds State Farm policies insuring... More...
   $0 (09-22-2023 - OR)

L.O.K. v. Greater Albany Public School District 8J, et al.

Eugene, Oregon civil rights lawyers represented the Plaintiff who sued the Defendants on civil rights violation theories.

Plaintiff L.O.K. is a twelve-year-old child who is intersex and non-binary. L.O.K. Decl. ¶ 1. ECF No. 34. Plaintiff uses they/them pronouns. L.O.K. Decl. ¶ 1. Plaintiff was a student at Oak Grove Elementary School (“Oak Grove”) beginning in 2015, which was their ... More...
   $275000 (09-27-2023 - OR)

Justin G. v. Social Security Administration

Portland, Oregon social security disability lawyer represented Plaintiff seeking review of the denial of his applicaiton for social security disability benefits.


Plaintiff applied for Title II Disability Insurance Benefits (DIB) on March 22, 2019, alleging disability beginning January 1, 2014. (Tr. 175.) His claim was initially denied on August 1, 2019, and again upon reconsideration... More...
   $0 (05-15-2023 - OR)

Debbie Fawcett and James Fawcett v. State Farm Fire and Casualty Company

Eugene, Oregon insurance law lawyer represented Plaintiff who sued Defendant on a bad faith breach of insurance contract theory claiming damages in excess of $950,000 as a direct result of the failure of the Defendant to pay Plaintiff’s claim.

This case was filed in the Linn County Circuit Court, 22CV14785, and was removed to federal court by the Defendant.
... More...
   $1 (11-08-2022 - OR)

United States of America v. Benjamin Hernandez




Eugene, OR - Oregon Man Pleads Guilty to Federal Hate Crime for Threatening Shooting Spree at Eugene Church

The Justice Department today announced that defendan... More...
   $0 (02-13-2019 - OR)

Belinda Jackson v. U.S. Bank Corporation

Portland, OR - Belinda Jackson sued U.S. Bank on employment law violation theories including retaliation for firing her for complaining about colleges playing the game hangman as part of a team-building exercise and for not paying her $135 in wages. She claimed that the playing of the game was racially motivated.

U.S. Bank denied that there was any racial animus associated with the use o... More...
   $31000 (03-20-2018 - OR)

Douglas Ossanna v. Nike, Inc.

Oregon Supreme Court Building - Eugene, Oregon

Plaintiff is a licensed electrician who previously
worked for defendant, Nike, Inc., in its maintenance department.
Defendant fired plaintiff after he used one of defendants
on-site basketball courts at a prohibited time. In
response, plaintiff sued defendant for, among other things,
statutory safety complaint and whistleblower retaliation.
Plaintiff alleged that defendant... More...
   $0 (01-31-2018 - OR)

Tri-County Metropolitan Transportation District of Oregon v. Joseph Y. Aizawa, et al.

Ordinarily, a party entitled to recover attorney fees
incurred in litigating the merits of a fee-generating claim
also may receive attorney fees incurred in determining the
amount of the resulting fee award. See Strawn v. Farmers
Ins. Co., 353 Or 210, 234, 297 P3d 439 (2013) (awarding
so-called fees on fees to which no objection was raised);
Crandon Capital Partners v. Sh... More...
   $0 (10-05-2017 - OR)

Janell Howard v. City of Coos Bay

Ninth Circuit Court of Appeals Courthouse - San Francisco, California

We must decide whether the former employee of a City in Oregon may prevail on allegations that it violated the First Amendment and state law by refusing to rehire her.
I
A
Janell Howard served as the Finance Director for the City of Coos Bay (City) from 1998 through 2008. On September 16, 2008, after an investigation into whether Howard had shoplifted from Wal-Mart (from which no cha... More...
   $0 (09-29-2017 - OR)

United States of America v. $11,500 In United States Currency

Ninth Circuit Court of Appeals - San Francisco, California

This appeal is from a civil forfeiture of $11,500 under
21 U.S.C. 881(a)(6). The claimant and his wife are heroin
addicts, who have been buying and selling drugs for most of
their lives. When the claimant, through a friend, tried to post
the $11,500 as bail for his wife, the government seized the
cash. At trial, the government had two theories: first, that the
money was p... More...
   $0 (09-06-2017 - OR)

Macadam Bay Homeowners Association v. David Soyster, Joy Soyster and James Idle

Defendants David Soyster, Joy Soyster, and James
Idle appeal from a general judgment granting declaratory
relief to plaintiff Macadam Bay Homeowners Association
(Macadam Bay). On appeal, defendants assign error to the
trial courts grant of Macadam Bays motion for summary
judgment. Defendants contend that the trial court incorrectly
concluded, as a matter of law, that defe... More...
   $0 (06-01-2017 - OR)

Johnny R. Johnson v. O'Malley Brothers Corporation

In this wage-claim case, defendant appeals the
trial courts award of attorney fees under ORS 652.200(2)
and ORS 652.615. Plaintiff was a commercial truck driver
who sued defendant, his former employer, for failing to pay
wages that it owed plaintiff, and for withholding a small
sum from his paycheck, albeit with his consent. The trial
court transferred plaintiffs case to ... More...
   $0 (06-01-2017 - OR)

Liberty Ann Jones v. Scott V. Mears

Husband appeals a supplemental judgment entered
in February 2015 that modified his child support obligation.
On appeal, husband argues that the trial court erred
in imputing to him potential income of $80,000. Because
we conclude that husband invited that purported error, we
affirm.
Husband and wife have one child. In 2013, husband
moved to modify his child support obli... More...
   $0 (06-01-2017 - Or)

Philip C. Lang v. Rogue Valley Medical Center/Asante

Pursuant to ORCP 54 B(1), the trial court dismissed
plaintiffs wrongful death action because it found that plaintiffs
counsel willfully failed to comply with two court orders
and that, as a result, dismissal was an appropriate sanction.
The Court of Appeals affirmed the resulting judgment
without opinion. Lang v. Rogue Valley Medical Center, 276
Or App 610, 369 P3d 450 (2... More...
   $0 (06-05-2017 - OR)

Veronica Hernandez-Nolt v. Washington County

In this wrongful discharge case, plaintiff appeals
the trial courts judgment in favor of plaintiffs former
employer, defendant Washington County.1 Plaintiff asserts
that the trial court erred when it granted a directed verdict
to the county based on its conclusion that plaintiff was
not fulfilling an important public duty, which is a required
element of a wrongful dischar... More...
   $0 (02-08-2017 - OR)

Dante R'Marcus Farmer v. Jeff Premo

In this post-conviction relief case, the state1 appeals
from a judgment granting petitioner relief on a number of
his claims, and remanding the case for a new trial. The state
assigns error to the post-conviction courts rulings on those
claims, arguing that petitioner failed to establish, as a matter
of law, that he was entitled to relief on any of them. We
conclude that t... More...
   $0 (02-23-2017 - OR)

Art Robinson v. Peter DeFazio

Defendant Peter DeFazio appeals from a supplemental
judgment that awarded him some, but not all, of his
attorney fees and costs against plaintiff Art Robinson. On
appeal, defendant argues that the trial court erred by applying
unlawful and impermissible factors when it reduced
defendants attorney fee request.1 As explained below, we
conclude that the trial court abused its... More...
   $0 (03-01-2017 - OR)

Jack Brockway v. Allstate Property and Casualty Insurance Company

This case involves an insurance dispute between
plaintiffs and defendant, Allstate Property and Casualty
Insurance Company (Allstate). After a theft at their home,
plaintiffs filed claims with Allstate, their insurance carrier,
under two policies. More than two years after the loss,
Allstate denied coverage for the loss and plaintiffs brought
an action against Allstate rela... More...
   $0 (03-01-2017 - OR)

Jeffrey Dale Tiner v. Jeff Premo

Petitioner was found guilty by a jury of two counts
of aggravated murder, one count of intentional murder,
and a number of other crimes. He sought post-conviction
relief on a variety of claims. The post-conviction court
denied relief on all of petitioners claims involving the guilt
phase of petitioners criminal trial but granted relief on
his penalty-phase claims and void... More...
   $0 (03-01-2017 - OR)

Marshall Johnson v. J.G. Wentworth Originations, LLC and Metropolitan Life Insurance Company

Marshall Johnson is the beneficiary of a right to
periodic payments under a structured settlement agreement.
Petitioner J. G. Wentworth Originators, LLC (J. G.
Wentworth) brought this special proceeding under ORS
33.857 to 33.875 (2005),1 seeking to purchase at a discount
Johnsons right to one future annuity payment and a portion
of a future lump sum payment. The trial cou... More...
   $0 (03-01-2017 - OR)

Melton J. Jackson, Jr. v. Steve Franke

In this post-conviction proceeding, petitioner challenged,
among other things, the adequacy of legal representation
he received in conjunction with his underlying criminal
trial, in which he was convicted of first-degree sodomy.
One of petitioners inadequate-assistance claims was based
on his lawyers failure to object to a diagnosis of sexual abuse
in the absence of physi... More...
   $0 (03-01-2017 - OR)

J.V.B. v. Kevin Louis Burns

Petitioner obtained a temporary restraining order
against respondent pursuant to the Family Abuse Prevention
Act (FAPA), ORS 107.700 to 107.735. After a contested hearing,
the trial court continued the restraining order. On
appeal, respondent argues that the order was not supported
by legally sufficient evidence. We agree and reverse.
Neither party requests that we exercise... More...
   $0 (03-15-2017 - OR)

Harry DeWolf v. Mt. Hood Ski Bowl, LLC

Plaintiff, Harry DeWolf, brought a wrongful death
action against defendant following the death of plaintiffs
daughter, Taylur DeWolf, while she was snowboarding at
defendants ski resort. The jury found in favor of defendant,
determining that defendant was not negligent. However,
after entering a judgment on the jurys verdict, the trial
court granted a motion by plaintiff... More...
   $0 (03-22-2017 - OR)

STATE OF OREGON v. KENNETH EUGENE WOODS

Defendant appeals his convictions for two counts first-degree sexual abuse, ORS 163.427, and one count of second-degree sodomy, ORS 163.395. He assigns error to the trial courts admission of evidence of his prior uncharged sexual conduct against the same victim. He also assigns error to the trial courts imposition of restitution. We conclude that the trial court did not err in admitting the prio... More...    $0 (04-04-2017 - OR)

STATE OF OREGON v. JACKELIN GONZALEZ-VALENZUELA

Defendant was convicted of two counts of child endangerment under ORS 163.575(1)(b), which prohibits knowingly permitting a minor to enter or remain in a place where unlawful activity involving controlled substances is maintained or conducted. The issue in this case is whether that statute is violated when a person knowingly possesses drugs in a containerhere, a pursewhile in a car with two ch... More...    $0 (01-03-2017 - OR)

STATE OF OREGON v. LINDA JEAN BONILLA

Police officers entered a residence without a warrant and opened a wooden box that they found in a bedroom, believing that they had lawful consent to take each of those actions. Defendant, who was charged with unlawful possession of a controlled substance based on evidence found in the box, moved to suppress the evidence under Article I, section 9, of the Oregon Constitution, on the ground that th... More...    $0 (01-03-2017 - OR)

United States of America v. Terry Shockley

Eugene, OR - Eugene Oregon Business Leader Sentenced to Two Counts of Wire Fraud

U.S. District Judge Ann Aiken sentenced Terry Shockley, 63, to fifty-one months in prison following his April 2016 guilty plea to two counts of wire fraud. Shockley admitted to defrauding clients and investors through his now-defunct property management company, TS Property Management (TSPM).

Over th... More...
   $0 (09-08-2016 - OR)

State Of Oregon v. Hickman/Hickman

Defendants Dale and Shannon Hickman have been lifelong members of the Followers of Christ Church. That churchdrawing from the Christian Bibles descriptions that Jesus and his disciples, rather than doctors, healed the sick and disabledinstructs its members to rely on faith healing and to eschew conventional medicine. For the Followers of Christ, faith healing entails prayer, anointing the sic... More...    $0 (10-12-2015 - OR)

A&T Siding, Inc. v. Capitol Specialty Ins. Corp.

The Brownstone Homes Condominium Association discovered defects in the construction of its 26-building condominium complex, including wood decay, flashing delamination, and water penetration. In consequence, Brownstone initiated a negligence action against the general contractor who built the complex, as well as one of its subcontractors, A&T Siding. Brownstone estimated that A&Ts share of the co... More...    $0 (10-09-2015 - OR)

Eklof v. Steward

Petitioner appeals from a judgment dismissing her petition for post-conviction relief with prejudice. The petition currently at issue is petitioners second. She previously filed for post-conviction relief in 1999, after the completion of the direct appeal in her underlying criminal case. That petition for post-conviction relief was denied in 2001. This second petition, which petitioner filed at t... More...    $0 (09-29-2015 - OR)

5W LLC v. Caplan Landlord, LLC

Defendants Bruce Wood and Glenn Smith each executed a guaranty agreement in connection with a $6.9 million loan for a commercial real estate project. After the borrowers successor, Caplan Landlord, LLC, defaulted on that loan, defendants failed to pay the debt under their guaranties. Plaintiff CML-OR 5th, LLC,1 a Florida limited liability company and the assignee of the underlying promissory note... More...    $0 (09-29-2015 - OR)

Greenwood Products v. Greenwood Forest Products

This case has a complex procedural history that the Court of Appeals thoroughly described in its opinion. For the sake of brevity and clarity, we take a condensed version of that history from the opinion of the Court of Appeals and the record. Defendants were in the business of processing
1 Defendants are Greenwood Forest Products, Inc. and two of its principals, Dovenberg and LeFors. For th... More...
   $0 (09-11-2015 - OR)

Paul Scott Schwarz v. Philip Morris USA, Inc.

The issue in this low tar tobacco case centers on a
jurys award of punitive damages to plaintiff against defendant
Phillip Morris USA, Inc. (Philip Morris). Following a
trial in 2002, the jury awarded plaintiff $168,514 in compensatory
damages and $150 million in punitive damages.1
However, concluding that the trial court had not properly
instructed the jury on the issue... More...
   $0 (07-18-2015 - OR)

Kurtiss Teegarden v. State of Orgeon

Plaintiff, who is a former employee of the State of
Oregon—specifically, Oregon Youth Authority—filed a complaint
seeking damages from the state and Sid Thompson,
the superintendent of MacLaren Youth Correctional Facility
where plaintiff had worked (collectively, OYA).1 After OYA
moved for judgment on the pleadings pursuant to ORCP 21 B,
the trial court concluded that p... More...
   $0 (04-15-2015 - OR)

State of Oregon v. Paul A. Spieler

Defendant, who was convicted after a jury trial of
two counts of first-degree sexual abuse, ORS 163.427, and
one count of second-degree sodomy, ORS 163.395, appeals.
He asserts that the trial court erred in denying his motion
to suppress evidence, and in denying his motion for a mistrial
made during the prosecutor’s closing argument. He
also argues that nonunanimous jury ... More...
   $0 (03-18-2015 - OR)

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