Articles Posted in Oregon Supreme Court

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Delta Logistics, Inc. was a "for-hire carrier" licensed by the federal government to transport goods interstate. Delta did not own any trucks; rather, it leased trucks from owner-operators, who operated, furnished, and maintained the trucks. The Oregon Employment Department assessed Delta unemployment insurance taxes on the funds that Delta paid the owner-operators, on grounds the owner-operators did not come within the exemption in ORS 657.047(1)(b) because the leases that the owner-operators entered into with Delta were not "leases" within the meaning of the statute: to come within the exemption, the owner must be the only person operating the truck. An administrative law judge (ALJ) agreed and issued a final order upholding the assessment. Delta appealed. The Court of Appeals was not persuaded by the Department's arguments and overturned the ALJ's decision, finding ORS 657.047(2) made clear that the exemption included owners who hire employees to help operate their trucks. Considering the text, context, and legislative history of ORS 657.047(1)(b), the Oregon Supreme Court did not agree with the department that Delta owed unemployment taxes on owner-operators who hired employees to help them operate the motor-vehicles they leased to Delta. The Court of Appeals was affirmed that the final of the ALJ was reversed. View "Delta Logistics, Inc. v. Employment Dept. Tax Section" on Justia Law

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Plaintiff sustained injuries while working for Union Pacific Railroad Company “as a spiker machine operator near Minidoka, Idaho.” Union Pacific’s decision to reduce “the spiker machine’s customary three-[person] crew to a two-[person] crew” placed greater physical demands on plaintiff, causing or contributing to the injuries he suffered. As a result of Union Pacific’s alleged negligent maintenance of the spiker machine and its decision to reduce the number of persons operating that machine, plaintiff suffered economic and noneconomic damages totaling approximately $615,000. The question this case presented was whether the Due Process Clause of the Fourteenth Amendment permitted Oregon to exercise general jurisdiction over an interstate railroad for claims unrelated to the railroad’s activities in Oregon. The trial court ruled that it could exercise general jurisdiction over the railroad and denied the railroad’s motion to dismiss plaintiff’s negligence action for lack of personal jurisdiction. After the railroad petitioned for a writ of mandamus, the Supreme Court issued an alternative writ to the trial court, which adhered to its initial ruling. After review, the Supreme Court held that due process did not permit Oregon courts to exercise general jurisdiction over the railroad. View "Barrett v. Union Pacific Railroad Co." on Justia Law

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Plaintiff was working for BNSF Railway Company in Pasco, Washington, where she was repairing a locomotive engine. While she was reaching up to remove an engine part, the “portable stair supplied by [BNSF] rolled or kicked out from under [p]laintiff,” causing her to sustain substantial injuries. The question that this case presented was whether, by appointing a registered agent in Oregon, defendant (a foreign corporation) impliedly consented to have Oregon courts adjudicate any and all claims against it regardless of whether those claims have any connection to defendant’s activities in the state. Defendant moved to dismiss this action because the trial court lacked general jurisdiction over it. When the court denied the motion, defendant petitioned for an alternative writ of mandamus. The Oregon Supreme Court issued the writ, and held as a matter of state law, that the legislature did not intend that appointing a registered agent pursuant to ORS 60.731(1) would constitute consent to the jurisdiction of the Oregon courts. View "Figueroa v. BNSF Railway Co." on Justia Law