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Court Denies Motion to Compel Production of Plaintiff’s Entire Facebook Account History


By: Jamison McCune

In Gordon v. T.G.R. Logistics, Inc., 2017 U.S. Dist. LEXIS 72978 (D. Wyo. May 10, 2017), a federal court refused to order the production of a plaintiff’s entire Facebook account history. The decision is significant because it discusses the scope of social media discovery under the recently amended Federal Rules of Civil Procedure.… Read more

Changes to Oregon’s Motor Vehicle Dealer Surety Bond Statutes


By: Vicki Smith

The Oregon legislature passed one of several bills that proposed to change the motor vehicle dealer surety bond laws. The governor signed SB 974 into law, with an effective date of January 1, 2018. The bill amends ORS 822.020 and 822.030. Here are the highlights:

  • Raises the bond amount from $40,000 to $50,000 (applies to new dealer certificates issued on or after January 1, 2018);
  • Decreases the amount a non-retail claimant can recover to $10,000;
  • For dealers dealing exclusively in motorcycles, mopeds, Class I all-terrain vehicles or snowmobiles, the bond is increased to $10,000 but only retail customers can bring a claim against the bond.
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Legislative Changes in the 2017 Session Create New Responsibilities and Potential Liabilities for Employers


By: Heather Bowman

Three new laws will affect employee rights and create new obligations and potential liabilities for Oregon employers.

  1. Predictive scheduling

The first statewide law of its kind, Oregon’s predictive scheduling law requires large employers (those with 500+ employees) in retail, hospitality, and food service industries to provide employees with at least seven days’ advance notice of scheduled shifts.… Read more

LONG v. FARMERS INS. CO. – Clarifying the Rules Concerning Attorney Fees in Insurance Cases and Eliminating Gamesmanship


By: Rick Lee

On February 2, 2017, Oregon’s Supreme Court decided Long v. Farmers Ins. Co., 360 Or 791 (2017), concerning an insured’s right to attorney fees under ORS 742.061. The court made three holdings:

  • A “recovery” under ORS 742.016 need not be a money judgment, it need only be the payment of benefits provided by the policy.
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Oregon Laws Positively Impacting Oregon Motorcyclists


By: Wendy Kent

Under current Oregon law, a person commits the offense of “vehicular assault” of a bicyclist or pedestrian if they recklessly operate a vehicle upon a highway in a manner that results in contact between the vehicle and a pedestrian, bicycle or bicycle operator, when this contact results in physical injury to the pedestrian or bicycle operator.… Read more