Contract Negotiation

Marker v. Marker

Validity of Arbitration Provision Case: Marker v. Marker, 2006 WL 6151643 Synopsis: This case required Judge Rasmussen to determine whether an arbitration provision compelled the member-managers of a limited liability company to arbitrate their disputes regarding business operations. Ultimately, he ruled that arbitration had to be compelled. Link to Opinion

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McHenry v. FedEx

Arbitration Clause Interpretation Case: McHenry v. Fedex Home Delivery, 2007 WL 5813752 Synopsis: This declaratory judgment action required Judge Rasmussen to determine whether the Arbitration Clause contained within the FedEx Home Delivery Standard Contractor Operating Agreement was valid. He found the Arbitration Clause both procedurally and substantively unconscionable and, thus, invalid. DOWNLOAD PDF

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EWEB Municipal Contract Dispute

Municipal Contract Dispute Case: In re Eugene Water & Electric Bd., 2006 WL 6157617 Synopsis: The dispositive issue presented by this motion was whether an Oregon statute permitted the validity of contracts that had been authorized and executed by a municipal corporation to be retrospectively determined by the court in proceedings brought pursuant to that statute.

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Brown v. EWEB

Contract for the Sale of Surplus Water Case: In re Brown, 2010 WL 9547011 (Or. Cir.). Synopsis: The Eugene Water and Electric Board requested the Court exercise its authority to validate a contract for the sale of surplus water to the City of Veneta. Judge Rasmussen determined that the relevant statutes required Veneta to submit its

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