Litigation Journal

The Litigation Journal is published three times a year, and section membership includes a subscription to the Litigation Journal. We encourage all members to submit short articles of general interest. For more details, please email us at info@osblitigation.com.

AUTHORS: We have done our best to find you all, but we have run into a few snags. If you have not already given us your written permission to republish your article(s) online, please send us an e-mail to that effect now. We have a number of back issues ready to upload as soon as we get a missing consent or two. Thank you!

Back issues of the Litigation Journal¹

Fall 2011

Direct Examination: Old Dogs and NEW Tricks
Oregon Condemnation Procedure Revisited (Again)
Simplifying a Complex ERISA Case
Surviving Winter: The Ninth Circuit Reaffirms the "Serious Questions" Test for Injunctive Relief
Security Interests in Collateral – How Secure is Your Interest? Part II
Oregon's Anti-SLAPP Statute: an Addendum
Being Social in Practice: Incorporating Social Media into Litigation Strategy
Recent Significant Oregon Cases

Summer 2011

Bill Crow Receives Owen M. Panner Professionalism Award
From the Editor: How to Get Your Point Across in 30 Seconds or Less
A Tale (or Two) of Two (or more) Forums
Security Interests in Collateral How Secure is Your Interest?
Taming the Social Media Beast
Aiding and Abetting Claims: A Growing Trend
Recent Significant Oregon Cases

Spring 2011

Transforming a Personal Purgatory into a Successful Outcome
An Underused Defense Tool? Special Motions to Strike
From the Editor: Experience Teaches Us to be Diplomats and Ambassadors
Visual Advocacy: The Effective Use of Demonstrative Evidence at Trial
Getting Paid: Attorney Fee Recovery in Oregon State Court
Recent Significant Oregon Cases

Fall 2010

From the managing Editor
A Different Measure of Damages: Qualitative v. Quantitative
The Basics for Deposing Entities Under Rule 30(b)(6)
Avoiding Removal and Dismissal Under the Secuirties Litigation Uniform Standards Act of 1998
Becoming a Trial Lawyer
Discharging Environmental Claims in Bankruptcy: Or, What do you mean that I still have to clean that up?
The Perils of Inattention - Discussion of Recent Decisions on Discovery Sanctions for Improper Preservation of Evidence
Recent Significant Oregon Cases

Spring 2010

From the Managing Editor
Acting Like Lawyers
Are Mandatory Mediation Clauses Enforceable?
Climate Change Litigation: Understanding, Avoidance, and Adaptation
Standing on a Carbon Footprint
Attorney Liens in Oregon: Tool or Trap?
Exit Rights, Withdrawal and the Captive LLC Member: a Need for the Minority Oppression Doctrine?
Recent Significant Oregon Cases

Winter 2010

Cooperation Gains Support as a Means to Manage E-Discovery
From the Managing Editor
Offers of Judgement in Oregon State Court
A Changing Landscape for Recovering of Attorneys' Fees in Condemnation Actions
Making a Legal Record Under the Oregon Constitution or... "If you don't raise it, you lose it"
Part Two: Trial Strategies and Evidence
Recent Significant Oregon Cases

Fall 2009

From the managing Editor
Trial Strategies and Evidence
In the Pocket: Considerations When Using Judgments by Confession and Judgments by Stipulation as Settlement Tools
A Story Well Told
Recent Significant Oregon Cases

Spring 2009

From the managing Editor
Analyzing the Definition of "Covered Class Action" in the Securities Litigation Uniform Standards Act of 1998
Using Depositions during Opening Statements
Minority Shareholder Oppression in Oregon; Is It a Legitimate Business Decision?
Maintaining Client Confidences and Secrets in the Face of Subpoena
Protective Orders Deconstructed
Recent Significant Oregon Cases

Winter 2009

"Through a Glass Darkly" or the Lawyer Who Ends Up a Client
From the Managing Editor
Disqualification in Oregon State and Federal Courts
Summary Judgment Motions on Discovery-Rule Claims: An Exercise in Futility?
20 Tips for Trial: A List of Little Things That Can Make a Big Difference
You Want Info From the Feds? You Have an Uphill Battle
Recent Significant Oregon Cases

Fall 2008

Carl Burnham Receives 2008 Owen M. Panner Professionalism Award
From the Editor
Reflections/Observations from a Jury Trial
The Diminishing Viability of Wrongful Discharge Claims
Contributory Negligence(!) in Economic Loss Cases
"Laws Provide against Injury from Others, but not from Ourselves"
Recent Significant Oregon Cases

Summer 2008

Carl Burnham Receives 2008 Owen M. Panner Professionalism Award
From the Editor
Federal Arbitration Act Preempts Oregon's Legislature's 2007 Amendement to Oregon Arbitration Act
Oregon Condemnation Procedure Revisited
Legal Issues Involving Video Depositions Revisited
Take Me out to the Ballgame... and the Courthouse
Recent Significant Oregon Cases

Spring 2008

Don't pray at the gate (and other travel tips)
From the Editor
FRCA: Class Actions Net Insurance Policyholders $72 million
Know It Before You Waive It: A Primer on Constitutional Rights of Corporations
Summary Judgment Motions on Discovery-Rule Claims
The Hidden Interrogatoy in the Oregon Rules - ORCP 39C6
Recent Decisions in Electronic Discovery
Assessing Appealability
Recent Significant Oregon Cases

Fall 2007

Advertising Agencies as Co-Defendants in Product Liability Actions
From the Editor
Class Arbitration: Permissible? Preventable? Who Gets to Decide?
The opening statement: a process and a result
Recent Significant Oregon Cases

Spring 2007

From the Editor
Proper Measure of Damages Under Oregon's Timber Trespass Statute
A Different Point of View
When the Accused Knocks, the Constitution Answers
Think Twice before Accepting an Assignment of Insurance Rights
Recent Significant Oregon Cases

Fall 2006

Evidence in Employment Cases: Have the Courts Really Gone Too Far?
From the Editor
Vexing Questions: Deposing Percipient "Experts" in Oregon
Some Differences between State and Federal Trial Courts in Oregon
The Lis Pendens Doctrine in Oregon: Caging the Golden Goose in Real Estate Litigation
The Equitable Accounting: Not All Fiduciaries Have the Same Obligation
Lawyer Liability for Assisting in Breech of Fiduciary Duty
Recent Significant Oregon Cases

Summer 2006

2006 Owen M. Panner Professionalism Award
From the Editor
Computer-Generated Animation and Simulation Evidence
The Role of the Jury in Our Trial System
Be Careful Who You Slapp
The Benefits and Limitations of Courtroom Technology in Presenting the Complex Case
The Role of Storytelling in Motion Practice
Preserving Issues for Appeals in Oregon Civil Actions
Recent Significant Oregon Cases

Spring 2006

Commonsense Electronic Discovery Planning
From the Editor
Mandamus in Land Use Cases
Ninth Circuit Opinion Highlights Importance of Timely Privilege
The Collateral Consequences of a Parallel Investigation or "Excuse Me, Can I Talk to You, Please?"
"Relevant Background Evidence" is Swallowing Rule
Preserving Issues for Appeals in the Ninth and Tenth Circuits
Recent Significant Oregon Cases

Fall 2005

2005 Owen M. Panner Professionalism Award
Comments from the Editor
Pretrial Professionalism in Oregon
Practical Advice and Inexpensive Sources for Legal Research
Jury Empowerment: Cross-Examination - Going beyond the Ten Commandments
Reefer Madness at the Court of Appeals
Are Federal Courts Enforcing the Deposition Rules?
U.S. Money Judgments in Germany
Interlocutory Appeals of Class Certification Orders
Oregon Adopts a Dentist-Patient Privilege
Recent Significant Oregon Cases

Spring 2005

When Customer Service Hits an All-Time Low
Comments from the Editor
Letter to the Editor
Shareholder Derivative Litigation Update
Video Depositions
Deposition of an Organization: What You Don't Know Can Hurt You
Does a Discovery Standard Postpone the Running of Limitations against a Contract Action?
The Privilege against Self-Incrimination in Civil Proceedings
Principles of Marketing a Personal Injury Case
Recent Significant Oregon Cases

April 2004

The Evolution of the Trial Lawyer
Comments from the Editor
Message from the Chair
Consumer Project Reporting Requirements Under the Federal Consumer Product Safety Act: A Primer for Litigators
Winning Takes Care of Itself
When Was the Last Time You Handled a Death Penalty Case?
Oh, Oh . . . the Injured Party is Receiving Government Benefits
Final Judgments in State Courts Not Necessarily Preclusive in Bankruptcy Courts
Recent Significant Oregon Cases

October 2002

Compelling Discovery from Non-Parties in Arbitration
Comments from the Editor
All Sums or Pro Rata? Dealing with Multi-Year Insurance Coverage Issues
Timing is (Almost) Everything: Why Appraisal Exchange in Condemnation Needs Fixing
Ask the Deponent to Guess
A Primer on "E-VIDE-N.C.E."
Recent Significant Oregon Cases

April 2002

But, I Don't Sell Securities . . . Collateral-Participant Liability Under Oregon Securities Law
Comments from the Editor
Is Proof of Damages Essential to Establish a Triable Issue of Contract Breach? No!
I Spy . . . Monitoring Employee E-Mail and Internet Use
Taking a Byte out of Electronic Discovery
It's About Change: Recent Amendments to the Federal Rules of Civil Procedure
Recent Significant Oregon Cases

November 2001

Judy Danelle Snyder: Professionalism Award
Comments from the Editor
Warranties for the Sale of Goods Under Article 2 of the UCC
Asserting the Fifth Amendment Privilege in Civil Litigation
The Opinion Rule, Knowledge Rule, and Admissions
Consumer Expectations Test
Arbitration Clauses in Employment Agreements in the Ninth Circuit
Recent Significant Oregon Cases

July 2001

Comments from the Editor
Message from the Chair
The Opinion Rule, Knowledge Rule, and Admissions
Taking Video Depositions - Legal Issues
How Much is too Much
The Impact of HIPAA on Litigation Practice
Pro Bono Representation in Death Penalty Cases
Recent Significant Oregon Cases

August 2000

W. Eugene Hallman -- Professionalism Award
Comments from the Editor
Reexamining the Definition of a "Prevailing Party"
Reeves Rejects the "Pretext-Plus" Analysis for Employment Discrimination Cases
Federal Deposition Practice
Daubert, Joiner, Kumho Tire, and the Ninth Circuit
Recent Significant Oregon Cases

October 1999

Ignorance of the Law May Well Be an Excuse, at Least When It Comes to Punitive Damages for Employment Discrimination
Comments from the Editor
A Pursuit for the Truth
Oregon Condemnation Procedure
Products Liability
A Lawyer's Lawyer
Recent Significant Cases

July 1995

The Statute of Ultimate Repose in Medical Malpractice Actions: A reprise (Part 2)
Comments from the Editor
Oregon State Bar Annual Convention
Experts and the Bases of Their Opinions; Issues Surrounding the Presentation of this Data to a Fact-Finder
Juror Interviews in Oregon . . . sort of
An Indian War
Can Real Lawyers Learn Anything from Television Lawyers?
Recent Significant Oregon Cases
1995 Campaign for Equal Justice

June 1994

Depositions of Out-of-State Parties
Comments from the Editor
Upcoming Events
Court of Appeals Holds Unconstitutional Oregon's Statutory Limit on Noneconomic Damages
A Guide to Phrenology: Using Legislative History to Explain "Imperfections on [a Statute's] Head"
Preserving Issues for Appeal in the Ninth Circuit
Amended Federal Rule 11: Sanctions and Safe Harbors
Recent Significant Oregon Cases

June 1992

Litigation Journal to Take New Direction
Surviving in Federal Court
From the Chair
Speaking From Experience Beginnings of Oregon CLE
Recent Significant Oregon Cases
Upcoming Seminars
"Using Deposition at Trial" CLE/Tigard and Sunriver

¹ Back issues of the Litigation Journal are posted to the website at least 6 months after publication.

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