Notable Supreme Court Cases
Over the course of its history the Oregon Supreme Court has made a number decisions as the highest court in Oregon. These cases cover a wide-range of topics from the constitutionality of various ballot measures to contract law to torts and even to the location of the capital when Oregon was still a territory. Although small in comparison to the total number of cases the court has decided, some cases have been appealed to the United States Supreme Court. Below are some of the cases that have had scholarly discussion, some of which were later decided by the U.S. Supreme Court.
Name | Year | Citations | Legal issue |
---|---|---|---|
Amos M. Short v. Francis Ermatinger | 1851 | N/A | location of the capital of Oregon Territory, constitutional construction |
McLaughlin v. Hoover | 1853 | assumpsit, statute of limitations, repugnancy | |
Danielson v. Roberts | 1904 | property law | |
Oregon v. Pacific States Telephone & Telegraph Co. | 1909 | constitutionality of the initiative process | |
State v. Bunting | 1914 | labor law | |
Jackson v. Steinberg | 1948 | property law | |
McCallum v. Asbury | 1964 | partnership | |
Goodman v. Ladd Estate Co. | 1967 | corporation, Ultra vires | |
Lowe v. City of Eugene | 1969 | 1st Amendment, Skinner Butte | |
Petersen v. Thompson | 1973 | contract law | |
State v. Haas | 1973 | interrogation evidence | |
Ruble Forest Products, Inc. v. Lancer Mobile Homes of Oregon | 1974 | contract law | |
Phillips v. Kimwood Machine Company | 1974 | torts, product liability | |
Gustafson v. Payless | 1974 | torts, Malice | |
State v. Lakeside | 1977 | jury instructions, right against self incrimination when defendant does not testify | |
Southworth v. Oliver | 1978 | contract law | |
State v. Henry | 1987 | obscenity | |
Fazzolari v. Portland School District No. 1J | 1988 | torts: negligence | |
Smith v. Employment Div. | 1988 | employment law, constitutional law | |
State v. Carlson | 1991 | evidence, adoptive admission by silence | |
Portland General Elec. Co. v. Bureau of Labor and Industries | 1993 | state family leave law | |
Conway v. Pacific University | 1996 | negligent misrepresentations | |
Stovall v. State By and Through Oregon Dept. of Transp. | 1996 | taxation of PERS retirement benefits | |
Oregon v. Guzek | 2004 | death penalty | |
Macpherson v. Department of Administrative Services | 2004 | land use, measure 37 | |
Williams v. Philip Morris, Inc. | 2006 | punitive damages, smoking |
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