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Representative Reported Cases

           Bell v. Morales.  Determining the proper award of attorney fees in a personal injury case with damages under $5,500, in view of the concomitant application of Oregon’s “offer of judgment” rule of civil procedure. 

            Bidwell v. BakerUpholding an $18 million property judgment based on the value assigned to the husband’s business; preserving the same judgment against a later claim that it was compromised in settlement negotiations.

            Cheever and Halperin.  Determining the conditions under which terminated spousal support payments would be reinstated following the dissolution of a second marriage. 

            Chester and Chester.  Dismissing a parenting time dispute under the Uniform Child Custody Jurisdiction and Enforcement Act because it was filed in the wrong state.

            Dahl and Angle.  Determining the disposition of cryogenically preserved human embryos upon the parents’ divorce.

            Fenimore v. Smith.  Obtaining custody for a stepparent, as opposed to the child’s surviving parent, following the death of the stepparent’s spouse.

            Hayes and Hayes. Establishing the terms of a Qualified Domestic Relations Order dividing federal military retirement and disability benefits.

            Heinonen and Heinonen.  Setting limits on the authority of a parenting time coordinator.

            Himler v. Katter.  Upholding a $375,000 property division judgment upon dissolution of a common-law domestic partnership.

            Kneefel v. McLaughlin Preserving non-parent visitation against a constitutional challenge.

            Lane Unified Bargaining Council/SLEA/OEA/NEA v. South Lane School District 45J3 Interpreting a statutory moratorium on the filing of labor grievances by a teacher while on a program of assistance for improvement of performance. 

            Lutterman and Lutterman.  Obtaining substantial dismissal of a contempt action based upon principles of claim preclusion. 

            Mallorie and Mallorie.  Obtaining indefinite spousal support; treating one party’s claimed pre-marital property as joint property of the marriage and awarding half of it to the other party. 

            Maresh and Maresh.  Denying the use of a homestead exemption to avoid paying financial obligations following a divorce. 

            Martinez v. Kulongoski.  Determining whether an initiative change to the Oregon Constitution adopted at the 2004 general election was an amendment or a revision of the document; determining whether the measure violated the constitutional “separate vote” requirement for amendments.

            McGinley and McGinley Upholding the constitutionality of Oregon statutes requiring support for a “child attending school” between the ages of 18 and 21.

            McInnis and McInnis.  Upholding a waiver of modification rights that made a spousal support obligation non-modifiable by either party.

            Norton v. Macdonald.  Denying an award of past child support when the mother delayed asking for it until the child was an adult.

            Proctor and Proctor.  Determining which state’s law to apply to a dissolution of marriage action in light of a choice-of-laws provision contained in a premarital agreement.

            Shofner and Shofner.  Obtaining visitation for a stepparent following the dissolution of a marriage to one of the child’s parents. 

            State ex rel. Department of Human Services v. W.C Determining the validity of a voluntary acknowledgement of paternity that the mother signed after her parental rights had been terminated. 

            Stauffer v. Oregon Citizens Alliance.  Determining that settlement with one tortfeasor did not release the others from liability. 

            Stauffer v. Oregon Citizens Alliance Educational Foundation.  Upholding an award of money damages for a fraudulent transfer of assets. 

            Shineovich v. Kemp.  Holding Oregon’s donor insemination statute unconstitutional and ordering that it be applied to a lesbian couple.

            Tsukamaki and Tsukamaki.  Treating the wife’s property as separate property and not as joint property of the marriage. 

            Woods and Woods.  Voiding an agreement to arbitrate. 


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