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Oregon Supreme Court

Case Status

Decided

Docket Number

054378

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Case Updates

Oregon Supreme Court rejects medical monitoring under state law

May 01, 2008

The Oregon Supreme Court agreed with NCLC and followed the United States Supreme Court and many of Oregon’s sister jurisdictions in rejecting medical monitoring causes of action under federal and state laws respectively.

U.S. Chamber files amicus brief

June 19, 2007

NCLC filed a brief urging the Oregon Supreme Court to follow the United States Supreme Court and join many of its sister jurisdictions in declining to adopt medical monitoring causes of action under federal and state laws respectively. In its brief, NCLC argued that creation of such a cause of action was better suited to the legislature and that, in any event, traditional tort law principles undermine the creation of a medical monitoring cause of action absent a physical injury.

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