Oregon Court of Appeals’s Opinion Affirms Dismissal Based on Contractual Liability Waiver in Commercial Contract
Jonathan Henderson On October 25, 2017, the Court of Appeals released its decision in Am. Wholesale Prods. v. Allstate Ins. Co., 288 Or App 418 (2017). The Court’s opinion opens the door for practitioners to bring liability waiver defenses in future commercial litigation, despite the Oregon Supreme Court’s…
Confidentiality of Mediation-Related Communications in Washington
Ronald Allen Yu Confidentiality can be one of the most valuable tools in mediation. The parties’ candor to the impartial mediator allows for an informed valuation and possible settlement. Candid dialogue is encouraged by protecting mediation communications from discovery by the other parties to the litigation. Thus in…
Alfieri v. Solomon and Confidentiality of Mediation-Related Communications in Oregon
Noah Gordon On December 10, 2015, in Alfieri v Solomon, 358 Or. 383, 365 P3d 99 (2015), the Oregon Supreme Court addressed, for the first time, the extent to which the confidentiality provisions of Oregon’s mediation statutes, ORS 36.100 to 36.238, prevent a client from offering evidence of…
Oregon Court of Appeals Discusses “Actual Knowledge” Requirement of ORS 12.117
Chris Parker On July 19, 2017, the Oregon Court of Appeals released its opinion in Doe v. Silverman et al, 286 Or App. 813, ___ P3d ___ (2017), an action for damages based on child sexual abuse. The opinion addresses Oregon Revised Statute (“ORS”) 12.117 – which is…