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Margaret H Leek Leiberan
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Margaret H Leiberan’s Legal Cases

12 total


  • Jensen v. Bevard

    Practice Area:
    Appeals
    Date:
    May 09, 2007
    Outcome:
    Custody of child returned to mother.
    Description:
    Grandparent custody case in which the trial court had found mother unfit and awarded sole custody of the child to maternal grandmother with only limited parenting time for mother. I represented mother on the appeal. The Court of Appeals overturned the trial court and remanded the case to the trial court to establish an appropriate plan to transition the child the mother's custody.
  • Keller and Keller

    Practice Area:
    Appeals
    Date:
    Mar 16, 2009
    Outcome:
    Dismissal of contempt case reversed and remanded
    Description:
    Elderly husband died following divorce and without removing much younger wife as beneficiary of insurance policies. Whole life insurance policies had been awarded to husband in divorce and evidence showed neither party believed that wife was beneficiary of any policy prior to or after divorce. Executor of husband's estate brought contempt action to force wife to sign documents giving up beneficiary rights. Trial court dismissed contempt case holding that the fact that wife was still named as beneficiary controlled result and wife would receive insurance proceeds. Husband's executor appealed. Court of Appeals reversed holding that whether marriage dissolution settlement precluded recovery by former wife as named beneficiary on policies awarded to husband in divorce turned on degree of specificity of language employed in property settlement agreement and the fact that wife remained named as the beneficiary did not control the result. Remanded for a determination by the trial court on the interpretation of the language in the property settlement agreement,
  • Wilson v. Walluski Western Ltd

    Practice Area:
    Appeals
    Date:
    Aug 18, 2009
    Outcome:
    Court of Appeals upheld jury verdict for employer
    Description:
    Employee brought action against employer alleging disability discrimination under the Americans with Disabilty Act (ADA). Employer asserted that employee was dismissed for cause which would have caused dismissal even if no disability. Jury found for employer and employee appealed. Court of Appeals held that employee had waived right to challenge alleged instructional error and affirmed the trial court judgment in favor of employer.
  • Connelly and Ladd

    Practice Area:
    Appeals
    Date:
    Nov 19, 2007
    Outcome:
    Court of Appeals reversed custody award
    Description:
    Father filed post-divorce proceeding to change custody of teenage children from mother to father. Trial court granted the change of custody and mother appealed. Court of Appeals reversed returning the children to mother's custody and holding that (1) mother's interactions or lack thereof with father were not so extreme so as to represent a change in circumstances in her ability to parent; (2) mother's response to children's academic and behavioral problems was sufficient and did not show pattern of inadequate care.
  • Cat Champion Corp v. Primrose

    Practice Area:
    Appeals
    Date:
    Mar 14, 2006
    Outcome:
    Plaintiff became fiduciary to care for cats
    Description:
    After woman arrested for criminal neglect of 20+ cats, the cats were given to a cat rescue organization to care for until the charges were resolved. The case against the woman was dismissed because the woman was found not competent to assist in her own defense. The trial court held that since the woman was not found guilty it had no authority to appoint fiduciary to care for and adopt out cats and woman had not forfeited cats. Cat rescue organization appealed while maintaining cats in their care. The Court of Appeals reversed holding that the trial court was authorized to issue a protective order and to appoint cat rescue organization as fiduciary of woman for limited purpose of permanently placing her cats in adoptive homes.
  • D&L Excavating & Trucking, Inc. v. Eden Gate

    Practice Area:
    Appeals
    Outcome:
    Judgment for defendant reversed and remanded
    Description:
    Restaurant brought breach of contract action in Multnomah County against excavator, arising from excavation of underground storage tank and surrounding soil alleging that excavator had not used most cost effective method of removing contamination. Excavator subsequently brought separate action against restaurant in Yamhill County seeking to foreclose on construction lien. The Multnomah County court entered judgment for restaurant and the Yamhill County court granted summary judgment to restaurant on ground of issue preclusion. Only Yamhill judgment was on appeal. Court of Appeals reversed the trial court holding that the claims should not have been dimissed on ground of preclusion. Attorney fee award in excess of $100,000 against contractor was also reversed.
  • McArthur and Paradis

    Practice Area:
    Appeals
    Date:
    Feb 04, 2005
    Outcome:
    Mother's religion accomodated in parenting plan
    Description:
    Father filed petition seeking custody of nine-year-old child born out of wedlock. Mother counterclaimed. Before trial parties agreed that mother should retain custody of child but disagreed on parenting plan and on whether child's last name should be changed to father's name. Court of Appeals reversed trial court and held that child's best interest required parenting plan which accomodated her ongoing religious observance with mother including observation of Sabbath even though father would receive only limited weekend parenting time. Court of Appeals reversed trial court's ruling changing child's last name holding that it was not in child's best interest. Court of Appeals held that trial court had discretion to determine that court conference with child to determine child's preference on name change was not in child's best interest.
  • Owens-Koenig and Koenig

    Practice Area:
    Appeals
    Date:
    Sep 08, 2004
    Outcome:
    Division of marital assets modified
    Description:
    Wife appealed from a judgment dissolving the parties' ten-year marriage asserting error in the trial court's division of IRAs and pension plans. The Court of Appeals modified the property division of the trial court holding that wife should receive her entire qualified domestic relations order (QDRO) account received in a prior divorce. The Court of Appeals held that the 'time rule' should be used to determine marital asset portion of husband's three pension plans and that post-marital increase in husband's IRA was a marital asset.
  • Turudic v. Stephens

    Practice Area:
    Appeals
    Date:
    Jan 10, 2001
    Outcome:
    Plaintiff allowed to keep cougars
    Description:
    Plaintiff brought suit against defendant homeowner's association for injunctive relief alleging that neither their pet cougars nor a holding pen for the cougars was prohibited by the residential subdivision covenants in this rural area. Plaintiffs also sought an injunction to require one of defendants to remove a portable toilet which he had placed in front of plaintiff's picture window. Defendants counterclaimed for common law nuisance and nuisance under the CCRs. The trial court rejected plaintiffs claims and defendant's counterclaims but ordered that both the cougars and the holding cage be removed from plaintiff's property. The trial court did not order removal of the portable toilet. Plaintiffs appealed and a stay was granted allowing the cougars to remain on the property while the appeal was pending. The Court of Appeals reversed the trial court holding that keeping cougars or mountain lions as family pets was permitted as a 'residential use' under the CCRs, that the homeowner's association's denial of the approval for the holding pen was arbitrary and capricious and that the portable toilet had to be removed when it was not necessary for agricultural purposes. The cougars and the cougar holding pen remained on the plaintiff's property.
  • Goddard v. Farmers Insurance Company of America

    Practice Area:
    Appeals
    Date:
    May 08, 2001
    Outcome:
    Unfair claim practices case reinstated
    Description:
    Personal representative of motor vehicle accident victim's estate brought unfair claims settlement practices action against insurance company for damages from unsatisfied excess judgment she obtained in wrongful death case against drunk driver. Trial court had entered summary judgment for insurer. The Court of Appeals reversed holding that there was a genuine issue of material fact as to whether excess judgment resulted from insurer's failure to seek settlement for policy limits. The Court of Appeals also held that insurer had continuing duty to engage in reasonable settlement negotiations after trial and entry of excess judgment.