15 Cited authorities

Tex. Indus., Inc. v. Radcliff Materials, Inc.
451 U.S. 630 (1981) Cited 734 times 3 Legal Analyses
Holding no right of contribution under Clayton and Sherman Acts
Strawn v. Farmers Insurance Company of Oregon
350 Or. 336 (Or. 2011) Cited 89 times 1 Legal Analyses
Holding that false promise to pay future medical expenses amounted to fraud
Wallulis v. Dymowski
323 Or. 337 (Or. 1996) Cited 88 times
Finding “persua[sive] . . . the cited criticisms of the intracorporate nonpublication rule” (citing David A. Elder, Defamation: A Lawyer's Guide § 1:6 (1993))
Mantia v. Hanson
190 Or. App. 412 (Or. Ct. App. 2003) Cited 37 times
Concluding that the privilege should not be extended to conduct which, if immunized, would not serve the purpose of the privilege
Great Am. Ins. Co. v. Linderman
116 F. Supp. 3d 1183 (D. Or. 2015) Cited 8 times
Outlining the requirements of an unjust enrichment claim, noting that it flows from the premise that "it would be unjust to allow the recipient to retain the benefit without requiring her to pay for it" and can proceed under a theory of overpayment
Ramstead v. Morgan
219 Or. 383 (Or. 1959) Cited 92 times
Holding malicious prosecution actions permissible because the "policy of encouraging free access to the courts . . . is outweighed by the policy of affording redress for individual wrongs when the requirements of favorable termination, lack of probable cause, and malice are satisfied"
Kim v. Prudential Fin., Inc.
Case No. 3:15-cv-02029-HZ (D. Or. Nov. 14, 2016) Cited 2 times
In Kim v. Prudential Financial, Inc., No. 3:15-cv-02029-HZ, 2016 WL 6803082, at *5 (D. Or. Nov. 14, 2016), I explained that "[g]eneral forbearance from seeking job opportunities is not sufficient to show detrimental reliance[.
Chard v. Galton
277 Or. 109 (Or. 1977) Cited 34 times
Holding that a lawyer's statement in a pre-litigation letter to the plaintiff's insurer was absolutely privileged where it had some relation to the proposed litigation
Troutman v. Erlandson
286 Or. 3 (Or. 1979) Cited 13 times
In Erlandson, the plaintiff brought a number of tort claims, including claims for wrongful initiation of civil proceedings and intentional interference with business relations, against the defendant attorney who had previously represented the plaintiff's former business partner in suing the plaintiff for fraud. 45 Or. App. at 469.
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 357,280 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 161,761 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,838 times 331 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 23,013 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 45 - Unfair methods of competition unlawful; prevention by Commission
15 U.S.C. § 45 Cited 3,911 times 584 Legal Analyses
Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"
Section 53 - False advertisements; injunctions and restraining orders
15 U.S.C. § 53 Cited 828 times 79 Legal Analyses
Providing similar provisional relief where false advertising regarding food, drugs, devices, and cosmetics is at issue

Federal Trade Commission v. Adept Management, Inc. et al

15 Cited authorities

Holding no right of contribution under Clayton and Sherman Acts

Holding that false promise to pay future medical expenses amounted to fraud

Finding “persua[sive] . . . the cited criticisms of the intracorporate nonpublication rule” (citing David A. Elder, Defamation: A Lawyer's Guide § 1:6 (1993))

Concluding that the privilege should not be extended to conduct which, if immunized, would not serve the purpose of the privilege

Outlining the requirements of an unjust enrichment claim, noting that it flows from the premise that "it would be unjust to allow the recipient to retain the benefit without requiring her to pay for it" and can proceed under a theory of overpayment

Holding malicious prosecution actions permissible because the "policy of encouraging free access to the courts . . . is outweighed by the policy of affording redress for individual wrongs when the requirements of favorable termination, lack of probable cause, and malice are satisfied"

In Kim v. Prudential Financial, Inc., No. 3:15-cv-02029-HZ, 2016 WL 6803082, at *5 (D. Or. Nov. 14, 2016), I explained that "[g]eneral forbearance from seeking job opportunities is not sufficient to show detrimental reliance[.

Holding that a lawyer's statement in a pre-litigation letter to the plaintiff's insurer was absolutely privileged where it had some relation to the proposed litigation

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity

Allowing service by filing papers with the court's electronic-filing system

Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"

Providing similar provisional relief where false advertising regarding food, drugs, devices, and cosmetics is at issue