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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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.