17 results for 'judge:"James"'.
J. James dismisses an alternative writ by a company related to the closure of a university in Portland after the company entered into a 20-year administrative services agreement to share costs and tuition revenue to grow the university's educational programs. “HotChalk has not established that the normal appellate process would not constitute a plain, speedy, and adequate remedy in this case.”
Court: Oregon Supreme Court, Judge: James, Filed On: May 2, 2024, Case #: S069765, Categories: Education, Evidence
J. James finds the Appeals Court erred in affirming a trial court ruling for one provision of a contract as it relates to liability. “To waive tort liability, contract language must be clear and explicit; waiver will not simply be deduced from inference or implication.” Reversed.
Court: Oregon Supreme Court, Judge: James, Filed On: March 7, 2024, Case #: S070083, Categories: Product Liability, Contract
J. James grants an insured's motion to stay proceedings pending the outcome of a state court's determination of insurance coverage concerning assault and infliction of bodily injury brought on by a third party. The insured sufficiently showed in court that her request for indemnity would be determined once the state court proceedings resolve coverage.
Court: USDC Kansas, Judge: James, Filed On: February 26, 2024, Case #: 2:22cv2417, NOS: Insurance - Contract, Categories: Insurance, Assault
J. James partly grants a machinery and supply company's motion for sanctions concerning a mining company's failure to produce discovery of state dealer protection regulations. The machinery and supply company sufficiently showed in court that the mining company may have wrongfully cancelled a service agreement without adequate notification.
Court: USDC Kansas, Judge: James, Filed On: January 5, 2024, Case #: 2:22cv2331, NOS: Franchise - Contract, Categories: Sanctions, Discovery, Contract
J. James finds communications between a client and an attorney, made for the purpose of facilitating the rendition of professional legal services to the client, are presumptively confidential, and the client’s mere use of an employer’s email system, without more, does not overcome that presumption. A peremptory writ of mandamus shall issue.
Court: Oregon Court of Appeals, Judge: James, Filed On: December 21, 2023, Case #: S070063, Categories: Search, Public Intoxication
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J. James finds communications between a client and an attorney, made for the purpose of facilitating the rendition of professional legal services to the client, are presumptively confidential, and the client’s mere use of an employer’s email system, without more, does not overcome that presumption. A peremptory writ of mandamus shall issue.
Court: Oregon Supreme Court, Judge: James, Filed On: December 21, 2023, Case #: S069796, Categories: Communications
J. James finds the tax court properly dismissed a taxpayer appeal after the revenue department corrected its mistake regarding interest on unpaid taxes, rendering the appeal moot. “Considerations of judicial economy are valid reasons for a court to decline to address a moot matter.” Affirmed.
Court: Oregon Supreme Court, Judge: James, Filed On: September 19, 2023, Case #: S069937, Categories: Tax
J. James finds the appeals court properly reversed a trial court determination regarding damages owed by a landlord that failed to comply with certain utility billing requirements in a forceable entry and detainer action. “Damages under that provision are calculated by aggregating the value of the utilities wrongfully billed, doubling that figure (“twice the amount”), and then comparing it against the tenant’s monthly periodic rent.” Thus, it was error to award the tenant damages amounting to 12 months of rent. Affirmed.
Court: Oregon Supreme Court, Judge: James, Filed On: July 20, 2023, Case #: S069726, Categories: Landlord Tenant, Damages
J. James finds the trial court erred in permitting evidence obtained on a warrant that referenced a heroin deal in the future. Under Oregon’s statutory warrant requirements, a judge may issue a warrant “only when ‘the basis of the record made before the judge' establishes that ‘there is probable cause to believe that the search will discover things specified in the application’ and the warrant application satisfies the requirement…that it particularly set forth the facts and circumstances tending to show that the objects of the search are in the places, or in the possession of the individuals, to be searched.” Reversed.
Court: Oregon Supreme Court, Judge: James, Filed On: June 29, 2023, Case #: S069654, Categories: Drug Offender, Search
J. James partly grants a machinery company's motion to compel discovery concerning contract claims against mining excavator, which may have cancelled the parties' distributor sales and service agreement. The machinery company sufficiently showed in court that it is entitled to review the mining excavator's non- privilege surface drills business line documents and balance sheets, but not financial statements from a parent corporation.
Court: USDC Kansas, Judge: James, Filed On: June 23, 2023, Case #: 2:22cv2331, NOS: Franchise - Contract, Categories: Damages, Discovery, Contract
J. James grants a mining company's motion to compel a machinery supplier to respond to discovery requests concerning wrongful termination claims, in violation of the Kansas Outdoor Power Equipment Act. The mining company sufficiently showed in court that the machinery supplier is obligated to turn over documents showing the identity of its majority stockholders and the percentage of shares they accumulated betweed 2012 and 2022.
Court: USDC Kansas, Judge: James, Filed On: June 12, 2023, Case #: 2:22cv2331, NOS: Franchise - Contract, Categories: Employment, Discovery, Contract
J. James finds the trial court erred in granting summary judgment against an elder abuse claim involving membership camping contracts. The law “creates liability for those that perpetrate elder abuse, as well as those who permit others to perpetrate elder abuse. That liability is not vicarious; it is direct.” Affirmed in part, reversed in part.
Court: Oregon Supreme Court, Judge: James, Filed On: May 18, 2023, Case #: S069449, Categories: Elder Abuse
J. James finds the trial court erred in convicting defendant of assault against an infant. “The record created on defendant’s motion to dismiss, coupled with the state’s stipulation that it would not prove whether the offenses occurred in Washington County, Oregon, Multnomah County, Oregon, or Clark County, Washington, demonstrates, beyond dispute, that the state cannot show that Oregon courts have subject matter jurisdiction over these offenses.” Reversed.
Court: Oregon Court of Appeals, Judge: James, Filed On: May 17, 2023, Case #: A175260, Categories: Assault, Child Victims