In Wells Fargo v Clark, No. A162461, the Oregon Court of Appeals held that defendants may file an answer and counterclaim even while their ORCP 21 A motion to dismiss is still pending.  In this case, on the morning of the hearing on the defendants’ motion to dismiss, the defendants filed an answer to the plaintiff’s complaint and counterclaims.  The same morning, the plaintiff filed a notice of voluntary dismissal.  The trial court ruled that the answer and counterclaims were “a legal nullity,” on the theory that parties are not allowed to file a motion to dismiss and an answer at the same time.  The Oregon Court of Appeals disagreed, holding that nothing in the Oregon Rules of Civil Procedure prevents a defendant from filing a responsive pleading or counterclaim while its motion to dismiss is still pending.

This opinion has potential implications in any case in which the plaintiff may seek to voluntarily dismiss its claims without the defendant’s consent while a motion to dismiss is pending. ORCP 54 A(1) provides that a plaintiff can voluntarily dismiss its claims without order of the court merely by filing and serving a notice of dismissal “if no counterclaim has been pleaded.”Continue Reading Pending Motion to Dismiss Does Not Prevent Filing Answer & Counterclaims

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 void and also for equitable relief to ensure future compliance with the Public Meetings Law, the Board of Commissioners voted to rescind the notice.  According to the Oregon Court of Appeals, that vote mooted the Plaintiff’s suit.
Continue Reading Mootness of a Public Meetings Law Challenge

In May, we wrote about amendments to the Idaho Appellate Rules that go into effect July 1, 2017. You can link to the blog post here. The changes impact I.A.R. 11.1, 12.1, 12.2, 25, 27(f), 28(g), 32(b), 33, 34(a), 34.1, and 40. Key amendments address the submission of electronic briefs (they are now mandatory),…

In Baughman v. Wells Fargo Bank, 2017 Opinion 50 (May 26, 2017) (slip op.), the Supreme Court addressed a matter of first impression related to the statute of limitations in Idaho Code § 5-214A. In this case, the plaintiffs filed suit to prevent foreclosure by arguing that the foreclosure proceeding was barred by the…

This Spring, the Idaho Supreme Court issued several opinions addressing issues of first impression. Below are the highlights from a second opinion addressing such an issue, Tucker v. State.

In Tucker v. State, 2017 Opinion 38 (Apr. 28, 2017) (slip op.), as a matter of first impression, the Supreme Court concluded that sovereign…

This Spring, the Idaho Supreme Court issued several opinions addressing issues of first impression. Below are the highlights from one of these opinions, Westover v. Cundick. We’ll discuss the other cases that have addressed new issues in the coming weeks.

In Westover v. Cundick, 2017 Opinion 33 (Apr. 14, 2017) (slip op.), the…

The Idaho Supreme Court recently announced amendments to Idaho Appellate Rules 11.1, 12.1, 12.2, 25, 27(f), 28(g), 32(b), 33, 34(a), 34.1, and 40. The changes go into effect July 1, 2017. Attorneys handling appeals before the Supreme Court should note that the submission of electronic briefs will be mandatory. Criminal appellate attorneys will want to consider changes to the reporter’s standard transcript. Attorneys who handle magistrate appeals involving child custody need to be aware of changes to Rules 11.1, 12.1, and 12.2.

There are other rule changes as well. Here are the highlights:
Continue Reading Amendments to the Idaho Appellate Rules address electronic briefs, standard transcripts in criminal appeals, and appealable judgments from the magistrate courts

In response to the Idaho Supreme Court’s controversial decision in Hoffer v. Shappard, 160 Idaho 868, 380 P.3d 681 (2016), the Idaho legislature amended Idaho Code § 12-121 (effective March 1, 2017). The statute now reads:

In any civil action, the judge may award reasonable attorney’s fees to the prevailing party or parties when…

Today the Idaho Judicial Council announced 15 candidates for the position of Idaho Supreme Court Justice. The position was created with the retirement of Justice Daniel Eismann. The candidates include one Idaho Court of Appeals judge, six district court judges, and eight practicing lawyers. They are:

  • BEVAN, G. RICHARD, is a District Judge of the

…

In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker’s Compensation Act withdrew the common law remedies workers traditionally held against their employers. This compromise limits employers’ liability in exchange for providing sure and speedy relief for injured workers and is encapsulated in Idaho Code § 72-209, or the exclusive remedy provision. Recently, in two closely watched cases, Marek v. Hecla, Limited, 2016 Opinion 132 (November 18, 2016) and Barrett v. Hecla Mining Co., 2016 Opinion 133 (November 18, 2016), the Idaho Supreme Court provided guidance on a narrow exception to this provision under Idaho Code § 72-209(3). Section 72-209(3) allows an employee to pursue common law claims against an employer in a narrow circumstance: “where the injury or death is proximately caused by the willful or unprovoked physical aggression of the employer, its officers, agents, servants or employees.”
Continue Reading Idaho Supreme Court Refuses to Modify the Workers Compensation Exclusive Remedy Doctrine

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Welcome to the Stoel Rives Appellate Law blog, dedicated to providing those in appellate law practices regular updates on significant decisions from courts of appeal within our regions of practice. It is our goal to build out this blog to be a handy resource for both keeping up to date on new decisions and quickly locating information about past decisions.