Attorney Margaret H Leek Leiberan's Legal Cases

Appeals

Owens-Koenig and Koenig

Sep 08, 2004

OUTCOME: Division of marital assets modified

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.

Appeals

Goddard v. Farmers Insurance Company of America

May 08, 2001

OUTCOME: Unfair claim practices case reinstated

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 i ... n 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.

Appeals

Turudic v. Stephens

Jan 10, 2001

OUTCOME: Plaintiff allowed to keep cougars

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 subdiv ... ision 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.

Appeals

Roe v. Doe

Oct 19, 1999

OUTCOME: Plaintiff allowed to reveal judgment to press

After settlement of claim alleging tortious infection with herpes, original defendant brought claim for breach of the settlement agreement based on statements that original plaintiff made to newspapers ... and broadcast media. Trial court first granted summary judgment for original plaintiff but later granted original defendant's motion for new trial and original plaintiff appealed. The Court of Appeals held that settlement agreement allowed original plaintiff to disclose to the media that original defendant had infected original plaintiff with herpes. Breach of contract claim brought by original defendant was dismissed.

Appeals

Muresan v. Philadephia Romanian Pentecostal Church

May 04, 1999

OUTCOME: Jury verdict for slander affirmed

Two church members sued pastor and church for slander and invasion of privacy by false light. The jury found for the church members. The Court of Appeals affirmed holding that, assuming without decid ... ing existence of qualified privilege for statements during religious proceedings, evidence sustained finding that pastor forfeited any such privilege. The Court of Appeals held that the evidence sustained the finding of slander per se and the publication and malice elements of false light claim. The jury verdict against the pastor and the church was upheld.

Appeals

Harper v. Mt Hood Community College

Dec 29, 1016

OUTCOME: Court of Appeals reversed circuit court and held that fact her job was to report problems did not take away whistleblower protection

Whistleblower challenge termination

Appeals

D&L Excavating & Trucking, Inc. v. Eden Gate

N/A

OUTCOME: Judgment for defendant reversed and remanded

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 co ... st 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.

Appeals

Berry and Berry

N/A

OUTCOME: Court of Appeals modified support

Modification of child support to include cost of child's education as part of calculation

Margaret H Leek Leiberan's Legal Cases (18)

Owens-Koenig and Koenig

Goddard v. Farmers Insurance Company of America

Turudic v. Stephens

Roe v. Doe

Muresan v. Philadephia Romanian Pentecostal Church

Harper v. Mt Hood Community College

D&L Excavating & Trucking, Inc. v. Eden Gate

Berry and Berry