Automobile Accidents and Personal Injury:
What you need to know if you are in an automobile accident by Joanne Reisman:
If you have debt problems or are considering Bankruptcy, please read all of the following
(from the Oregon State Bar web page)::
- Understanding Bankruptcy
- How do I file for Bankruptcy?
- Can Bankruptcy Help me?
- Debtor's Rights
- Chapter 13 another type of Bankruptcy
- Foreclosure on Real Property
Probate, Wills and Trusts
Prospective estate planning clients please read 1 - 6 below (from Oregon State Bar):
and the Simple Will article:
- Your will
- What is probate
- What is a trust (revocable living trusts and special needs trusts explained)
- What is a living will (advanced directive)
- Powers of Attorney and other decision making tools
- Revocable Living Trusts
What is a simple Will? by Joanne Reisman
Family Law, Divorce, Child Custody, Parenting Time
Recommended reading for prospective divorce clients with no minor children, read 1,2,5 - 7 below
For divorces cases involving minor children read 1 - 7 below.
- Marriage In Oregon
- Divorce in Oregon
- Custody and Parenting Time
- Mediation of Custody and Parenting Time Issues
- Determining Child & Spousal Support
- What to do if Child Support or Spousal Support is Not Being Paid
For cases involving unmarried couples read 11 below
For cases involving unmarried couples with children, read 3-7 above
and 8 and 11 below:
Other Family Law Topics:
11. The rights of unmarried couples (by Joanne Reisman)
Guardianship / Conservatorship
(reserved for expansion)
- How to Start a Business In Oregon
- Should I Incorporate
- Patents, Trademarks, and Copyrights
Bankruptcy Law for Family Law Practitioners
by Joanne Reisman Esq, Oregon State Bar Family Law Newsletter 2009
Representing the Immigrant Client in Bankruptcy
by Joanne Reisman Esq Oregon State Bar Debtor Creditor Section Newsletter 2002
Appeals by Joanne Reisman Esq.
Suit against business owner for damage to boat engine when defendant business owner breached their contract to provide dry indoor storage. Established that claimants could sue using ORS 20.080 where the breach of a contract causes property damage. ORS 20.080 is a special statute that allows a claimant with a small claim to also get attorney fees if his demand for damages is not settled before he is forced to file a lawsuit. (Subsequent legislative amendment created a separate law, ORS 20.082 allowing for attorney fees in small breach of contract matters.)
Personal injury from auto accident was arbitrated with decision favorable to Plaintiff Mulligan and no defense offered by Defendant. Defendant represented by lawyers from Farmer's insurance appealed and case went through a 2 day jury trial where Farmers relied on expensive medical expert testimony. Plaintiff won slightly less then at arbitration due to the more vigorous defense. Trial court awarded to Plaintiff Mulligan about $3,000 in extra fees finding that Defendant caused unnecessary protracted litigation. Farmer's appealed the very small amount awarded for extra fees. Three years later and many dollars worth of legal time, the Court of Appeals decided for Plaintiff affirming the trial court's original award. Farmer's asked for a review by the Oregon Supreme Court but review was denied.
Plaintiff Cardenas had Farmers Insurance when she was injured by a hit and run driver. She called Farmers for help since she needed medial care and her husband hurt in the same accident could not work and support the family. She did not speak English, had never had car insurance before, and didn't know what her rights were under her policy. Farmer's rushed her to sign off on her claim for $800 without explaining to her in her native language, Spanish, that she had the right to wait to settle and the PIP portion of her insurance would cover her medical bills while she got treatment as well as give her husband his lost wages so the family could pay bills and get food. Suit was brought and the release Ms. Cardenas was pressured into signing was set aside and she got full damages. Farmers refused to acknowledge that Ms. Cardenas was also entitled to her attorney fees under an Oregon Insurance Law Provision ORS 742.061 because they did not settle promptly with Ms Cardenas for the full value of her claim and instead fought with her asserting that the release she had signed barred her from a full recovery. The trial court awarded the attorney fees to the Plaintiff. Farmer's appealed and the Court of Appeals affirmed the trial court's award over Farmer's objections.