Litigation

Solis v. Matheson, 2009 WL 1036083 (9th Cir.(Wash.) Apr 20, 2009) (NO. 07-35633)

Indian tribes have a special status as sovereigns with limited powers. Indian tribes are dependent on, and subordinate to the federal government, yet retain powers of self-government. These powers can be limited, modified, or eliminated by Congress. The tribes' retained sovereignty reaches only that power needed to control internal relations, preserve... Read More

Brice v. Hrdlicka, 227 Or.App. 460, --- P.3d ----, 2009 WL 997141 (Or.App. Apr 15, 2009) (NO. 04CV0422MA, A132940)

One tenant in common would accommodate the other tenant’s desire to obtain financing on the property. He would deed the property to the other tenant, the loan would be obtained and then his one-half interest would be deeded back to him. One time, the other tenant refused to deed back the property. The legal defense was the agreement was unenforceable under... Read More

Vaughn v. First Transit, Inc., --- P.3d ----, 2009 WL 1011694(Or. Apr 16, 2009) (NO. A133676, 0603-03099, S055981)

Oregon law has limited the scope of the principal’s liability for the agent’s actions. Normally there is no tort liability for non-employee agents unless the principal has the right to control the agent to an extent similar to its power over the actions of employees. In this case, plaintiff was injured due to the alleged negligent driving of a shuttle... Read More

Ashmore v. Estate of Duff, 205 P.3d 111, 2009 WL 1014590 (Wash. Apr 16, 2009) (NO. 82052-0)

Husband and wife died at approximately the same time. Daughter was the personal representative of her mother’s estate. She claimed title of the deceased couple’s home through her deceased mother’s alleged community property interest. The house was being probated in the husband’s estate. The personal representative of the husband’s estate signed a purchase... Read More