Rachel Lee

Rachel Lee

Rachel Lee helps her clients with a variety of business litigation, with a specific focus on appellate matters. When advocating for her clients on appeal, Rachel draws on her previous experience serving as a judicial clerk for Judge Susan P. Graber of the Ninth Circuit Court of Appeals. Whether at the appellate or trial court level, clients in industries as diverse as healthcare, construction, manufacturing, utilities, and online services have come to rely on Rachel’s assistance in navigating complex civil litigation.

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TRESPASS TO NONCOMMERCIAL TREES: NO EFFECT ON THE LAND’S MARKET VALUE? THEN NO TIMBER TRESPASS CLAIM, SAYS THE OREGON COURT OF APPEALS.

In Harshbarger v. Klamath County, No. A163379, the Oregon Court of Appeals addresses timber trespass claims involving noncommercial, ornamental trees.  In such cases, the court holds, the plaintiff must prove either (1) that damage to the trees diminished the market value of the real property, or (2) that the effect on the property’s value cannot … Continue Reading

Oregon Supreme Court Allows Appeal from Voluntary Dismissal with Prejudice

In Gist v. Zoan Management, No. S064925, the Oregon Supreme Court clarifies the circumstances under which a party can appeal from a judgment of voluntary dismissal.  More than 50 years ago, the Oregon Supreme Court held that “a party may not appeal from a judgment which he voluntarily requested.” Steenson v. Robinson, 236 Or 414, … Continue Reading

Can an Orthodontist Tell the Oregon Board of Dentistry to Go Fly a Kite? Not Under ORS 679.170(6)

Angle v Board of Dentistry, No. A162472, decided by the Oregon Court of Appeals on October 17, 2018, is a statutory interpretation case about nonresponsive responses. ORS 679.170(6) provides that no person shall “fail to respond” to a written request from the Board of Dentistry for information.  Does a “nonresponsive” reply count as a failure … Continue Reading

Oregon Court of Appeals Questions Trial Court’s Authority to Dismiss Case as Sanction for Prelitigation Spoliation

Markstrom v Guard Publishing Co., No. A163317, decided by the Oregon Court of Appeals on October 10, 2018, is about the prelitigation destruction of evidence.  The plaintiff, as an employee of the defendant, had been reprimanded and placed on a performance improvement plan, and she had submitted a notice of grievance through her union.  Then, … Continue Reading

Mootness of a Public Meetings Law Challenge

Wood v Wasco County, No. A161351, addresses how to apply mootness principles to an alleged public records violation.  In 2014, allegedly without giving proper notice under Oregon’s Public Meetings Law, the Wasco County Board of Commissioners voted to give notice of the county’s intent to withdraw from an intergovernmental agreement.  After the Plaintiff sued to have the notice declared … Continue Reading
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