Oregon Supreme Court· 3/31/2005
Barackman v. Anderson
Citations
- 109 P.3d 370
- 338 Or. 365
- 2005 Ore. LEXIS 143
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that binding arbitration did not deprive the plaintiff, who voluntarily chose to arbitrate, of her right to a jury trial
- holding litigant had not shown “that the forum somehow prevented her from offering the proof that she needed to show to prevail”
- reaffirming Shuler that claim preclusion undoubtedly applies in arbitration proceedings and that application does not violate a plaintiff’s right to a jury trial
- reaffirming Shuler that claim preclusion undoubtedly applies in arbitration proceedings and that application does not violate a plaintiff’s right to a jury trial
- “We note that, in general, arbitration proceedings have been accorded preclusive effect in subsequent civil actions for decades.”
- “Constitutional rights may be waived, however, and the right to a jury trial is one of those rights that may be waived.”
Source: CourtListener parenthetical corpus (CC0).
Judges: De Muniz
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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