Justia Oregon Supreme Court Opinion Summaries

The issue before the Supreme Court in this case was the interpretation of a commercial general liability (CGL) policy that Defendant Farmers Insurance Exchange sold to Plaintiff Bresee Homes, Inc. The trial court granted a motion for summary judgment in favor of Farmers and denied Bresee's cross-motion for partial summary judgment. The dispute stemmed from a homeowner suit in which Bresee claimed Farmers had a duty under the CGL to defend, and to reimburse for any damages arising out of the homeowners' suit. Upon review of the subject policy, the Supreme Court concluded that the Farmers owed a duty to defend to Bresee. Accordingly, the Court concluded the trial court erred in granting Farmers' motion for summary judgment, and for denying Bresee's cross-motion on the issue of the duty to defend. The Court could not determine whether the policy afforded a basis for indemnification, and as such, neither party was entitled to summary judgment on that issue. The case was reversed and remanded to the trial court for further proceedings. View "Bresee Homes, Inc. v. Farmers Ins. Exchange" on Justia Law

Plaintiffs Synectic Ventures I, LLC, Synectic Ventures II, LLC, and Synectic Ventures III, LLC, entered into a loan agreement regarding money that they had loaned to defendant EVI Corporation. The loan agreement provided that the loan, secured by a security interest in essentially all of defendant's property, would be converted to equity ownership in defendant, if defendant obtained additional financing by a certain date. Shortly before that deadline, the managing member of plaintiffs (who was also chairman of the board and treasurer of defendant and financially interested in defendant) entered into an agreement purporting to extend the loan period by an additional year. During the extension period, defendant obtained the additional financing and converted the debt to equity. Plaintiffs filed an action against defendant, asserting that they were not bound by the extension because the managing member had had a conflict of interest and defendant knew of the conflict. The trial court rejected that argument and granted summary judgment for defendant. The Court of Appeals affirmed. Upon review, the Supreme Court concluded that the trial court erred in granting defendant summary judgment, and reversed the court's judgment. The case was remanded for further proceedings. View "Synectic Ventures I, LLC v. EVI Corp." on Justia Law

Defendant CTE Tech Corp. is a Taiwanese corporation that manufactures battery chargers. Defendant Invacare Corporation is an Ohio corporation that manufactures motorized wheelchairs. CTE agreed to supply Invacare with battery chargers built to Invacare's specifications, which Invacare then sold with its motorized wheelchairs in Oregon and the rest of the United States. Plaintiffs brought this action against CTE after their mother died in a fire allegedly caused by a defect in CTE's battery charger. CTE moved to dismiss plaintiffs' claims against it on the ground that Oregon lacks personal jurisdiction over it. CTE reasoned that due process would permit an Oregon court to exercise personal jurisdiction over it only if CTE had purposefully availed itself of the privilege of doing business here. In CTE's view, the fact that it sold its battery chargers to Invacare in Ohio, which sold them together with its wheelchairs in Oregon, was not sufficient to meet that standard. The trial court denied CTE's motion, and the Supreme Court denied CTE's petition for a writ of mandamus to direct the trial court to vacate its ruling. CTE then filed a petition for certiorari with the United States Supreme Court. After the Court issued its decision in "J. McIntyre Machinery, Ltd. v. Nicastro," (131 S Ct 2780 (2011)), the Court granted CTE's petition for certiorari, vacated our order, and remanded the case to the Oregon Court for further consideration. On remand, the Oregon Court issued an alternative writ of mandamus to the trial court directing it to vacate its order denying CTE's motion to dismiss or show cause for not doing so. The trial court declined to vacate its order, and the parties briefed the question whether, in light of Nicastro, Oregon courts may exercise personal jurisdiction over CTE. Upon review, the Oregon Supreme Court held that they may and accordingly dismissed the alternative writ. View "Willemsen v. Invacare Corporation" on Justia Law

Plaintiffs Greenwood Products, Inc. and Jewett-Cameron Lumber Corp. obtained a jury verdict in their favor on a breach of contract claim against Defendants Forest Products, Dovenberg, and LeFors. They appealed the Court of Appeals' decision that reversed the judgment entered on that verdict. The contract in question required Defendants to sell, and Plaintiffs to buy all of Defendants' inventory, for a certain percentage over Defendants' cost for that inventory. Plaintiffs alleged that Defendants had breached the contract by erroneously accounting for their cost of inventory, causing Plaintiffs to pay $820,000 more for the inventory than they should have. Defendants moved for a directed verdict on the breach of contract claim, but the trial court denied the motion and sent the claim to the jury, which returned a verdict for Plaintiffs. The Court of Appeals held that the trial court should have granted defendants' motion for a directed verdict because the contract did not impose any obligation on defendants to accurately account for the cost of the inventory. Upon review, the Supreme Court concluded that the trial court in this case properly rejected each of the grounds that Defendants' raised at trial for granting their motion for a directed verdict. The Court also concluded that the additional argument that the Court of Appeals relied on in reversing the trial court was not preserved, and therefore reversed the appellate court's decision overturning the trial court. View "Greenwood Products v. Greenwood Forest Products" on Justia Law