[Download] "Goodyear Tire & Rubber Co. v. Tualatin Tire & Auto Inc." by Oregon Supreme Court # eBook PDF Kindle ePub Free

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eBook details

• Title: Goodyear Tire & Rubber Co. v. Tualatin Tire & Auto Inc.
• Author : Oregon Supreme Court
• Release Date : January 29, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 79 KB

Description

This is a civil case involving a number of disputes between a franchisor, Goodyear Tire & Rubber Company (Goodyear), and a franchisee, Tualatin Tire & Auto, Inc. (Tualatin). We allowed review to determine two important issues of civil procedure. The first is whether the "we cant tell" rule, described by this court in Whinston v. Kaiser Foundation Hospital, 309 Or. 350, 356-61, 788 P.2d 428 (1990), and Pavlik v. Albertsons, Inc., 253 Or. 370, 454 P.2d 852 (1969), may, consistent with ORCP 63, be applied to require that there be a new trial in a case in which there was no motion for a new trial in the trial court. The Court of Appeals held that the rule could be applied, even in the absence of a motion for a new trial. Goodyear Tire & Rubber Co. v. Tualatin Tire and Auto, 129 Or.App. 206, 213, 879 P.2d 193 (1994). The second issue is whether a right to trial by jury exists in actions filed under the remedies provision of the Oregon Franchise Act (OFA). ORS 650.020. The Court of Appeals held that there is no right to trial by jury under that statute. Id. at 216, 879 P.2d 193. For the reasons that follow, we reverse both those holdings.

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