Fishermen's Marketing Assn, Inc. v. Wilson

2 Citing cases

  1. Pac. Kidney & Hypertension, LLC v. Kassakian

    156 F. Supp. 3d 1219 (D. Or. 2016)   Cited 36 times
    Granting a temporary restraining order where the movant would "likely suffer some irreparable harm in the form of loss of client relationships and accompanying financial damage" even though there was no evidence that it would "likely suffer harm to its goodwill or reputation in the absence of temporary injunctive relief"

    Id . at 580, 212 P. 811. The Oregon Supreme Court has repeatedly cited Oregon Growers' Co-op approvingly. See, e.g.,Fishermen's Mktg. Ass'n, Inc. v. Wilson , 279 Or. 259, 264, 566 P.2d 897 (1977) (“This court, in 1923, stated its understanding of the reasons why the preceding session of the legislature had provided for injunctive relief as well as liquidated damages ....”).Other courts also have allowed both injunctive relief and liquidated damages when the liquidated damages would inadequately compensate a plaintiff and the parties did not intend to provide a true alternative to performance. Courts usually emphasize one or the other of these requirements rather than both. See, e.g.,Vacold LLC v. Cerami , 545 F.3d 114, 130 (2d Cir.2008) (“Although a liquidated damages provision precludes a party from recovering lost profits and other measures of damages, it does not prevent a party from seeking specific performance, absent an express provision to this effect.

  2. Dickinson v. Edwards

    105 Wn. 2d 457 (Wash. 1986)   Cited 102 times
    Finding that if tortfeasor drinks after defendant's service, "subsequent observations may not raise an inference of obvious intoxication upon which to base a material issue of fact"

    Other courts have held that evidence of the amount of alcohol consumed may raise a substantial issue of fact as to whether a person in the position of the drinker would have displayed some outward manifestation of intoxication in advance of ordering. Elsperman v. Plump, supra; Cimino v. Milford Keg, Inc., 385 Mass. 323, 431 N.E.2d 920 (1982) (6 or more white russians in a 5-hour period); O'Hanley v. Ninety-Nine, Inc., 12 Mass. App. Ct. 64, 421 N.E.2d 1217 (1981) (15 beers or 6 martinis); Couts v. Ghion, supra (10 drinks in 1 1/2 hours); Fishermen's Mktg. Ass'n v. Wilson, 279 Or. 259, 566 P.2d 897 (1977) (8 beers in 2 hours). We hold that the evidence of the amount of alcohol consumed here raises a material issue of fact as to (1) whether a person in the position of Mr. Edwards would have displayed some outward manifestation of intoxication in advance of ordering and (2) whether a person in the position of the furnisher, either Red Lion Inn or Kaiser, knew or should have known in the exercise of reasonable care, that the drinker was intoxicated.