SC Number:
CA Number:
Case Title:
Deep Photonics Corporation v. Joseph G. Lachapelle
09:00 AM
Via Video Case 1
Kevin H. Kono on behalf of Dong Kwan Kim
Jeff S. Pitzer on behalf of James Field and Joseph G. LaChapelle
Cody Hoesly on behalf of Oregon Trial Lawyers Association
Statement of Issues:
(1) Does the right to a jury trial under Article I, section 17, and Article VII (Amended), section 3, of the Oregon Constitution, extend to shareholders' derivative claims for breach of fiduciary duty, if the relief requested is monetary and if such claims were equitable claims tried to the court when the Oregon Constitution was adopted?

(2) Does a court, in deciding whether to permit amendment of a pleading under ORCP 23 A, employ the four-factor test from Safeport, Inc. v. Equip. Roundup & Mfg., Inc., 184 Or App 690, 699, 60 P3d 1076 (2002), rev den, 335 Or 255 (2003), or instead focus its inquiry on whether the amendment "would unduly prejudice the opposing party, " under C.O. Homes, LLC v. Cleveland, 366 Or 207, 216, 460 P3d 494 (2020)?

(3) Does a provision in a corporation's organic documents barring damages for breach of a director's duty of care constitute a "new matter" that must be pleaded as an affirmative defense or avoidance?

These summaries of cases are prepared for the benefit of members of the media to assist them in reporting the court's activities to the public. Parties and practitioners should not rely on the summaries, or the statement of issues to be decided in the summaries, as indicating the questions that the Supreme Court will consider. Regarding the questions that the Supreme Court may consider, see Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating:
Merit Briefs67853BRMP.pdf67853BRMP.pdf67853BRMR.pdf67853BRMR.pdf67853BRRP.pdf67853BRRP.pdf67853BRAC.pdf67853BRAC.pdf

Last Revised: 02/24/2021