Oregon Legal Cases

Date: September 23, 2013

Cortez v. NACCO – Workers’ Compensation
Oregon Supreme Court

The Oregon Court of Appeals ruled that workers’ comp need not be the “exclusive remedy” for injured workers. The ruling significantly undercut liability protections from LLC owners and members. NACCO petitioned the Oregon Supreme Court for review of the case. NFIB supported the petitioners at both the cert and merits stages.

State of Oregon v. Alderwood – Property Rights
Oregon Supreme Court –3/27/15

NFIB  Legal Center joined with Pacific Legal Foundation in a filing before the Oregon Supreme Court in State v. Alderwood, arguing that landowners should be compensated when the State impedes or obstructs access from private property onto public roads. The State contends that the owner should not be entitled to enter evidence of lost values resulting from such an obstruction; however, we contend that access rights are compensable and protected by the Takings Clause.

Rains v. Stayton Builders – Legal Reform

Oregon Supreme Court

This case involves the constitutionality of Oregon’s damage cap. The trial resulted in a verdict of $5.2 million in economic damages plus $3.1 million in noneconomic damages to an injured construction worker and an additional $1 million to his wife for loss of consortium. The intermediate appellate court reversed the trial court’s decision that the cap was invalid as applied to all claims. 


If you have a case that impacts small business, please contact us at:  1-800-552-NFIB as we are actively looking for opportunities to weigh in on important issues in this state. NFIB Small Business Legal Center is involved in many cases that impact this state and others; to see our complete list of Supreme Court cases click on Washington, DC on the interactive map.

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