Appellate Attorney Janet Schroer Contributes to Win in Oregon Supreme Court

Appellate attorney Janet Schroer wrote an amicus brief on behalf of the United States Chamber of Commerce, American Property Casualty Insurance Association and American Tort Reform Association, filed jointly with Oregon Association of Defense Counsel, advocating for the limitation of the “substantial factor” causation jury instruction and confirming that “but-for” causation remains the standard instruction in Oregon tort cases. The Oregon Supreme Court discussed and affirmed the causation principles announced in Joshi v Providence, a frequently cited causation case Janet successfully handled in the Oregon Supreme Court in 2006. The court affirmed the “but-for” causation instruction correctly describes the necessary “cause-in-fact” element in most negligence cases, and rejected plaintiffs and their amicus’ position that a substantial factor instruct, rather than “but-for” must be given in any case where there is more than one cause of the alleged harm. The court also rejected plaintiffs’ position that “substantial factor” instruction must be given in all injury cases involving a plaintiff with a prior infirm condition. Haas v Estate of Carter, 370 Or 742 (2023)