RAM TECHNICAL SERVICES, INC. v. KORESKO

CV04100199; A130143.

171 P.3d 374 (2007)

215 Or. App. 449

RAM TECHNICAL SERVICES, INC., an Oregon corporation; Charles Stalnaker; and Susan Stalnaker, Plaintiffs-Appellants Cross-Respondents, v. John J. KORESKO; Ram Technical Services Voluntary Employees' Beneficiary Association; Regional Employers' Assurance Leagues Voluntary Employees' Beneficiary Association; and Pennmont Benefit Services, Inc., a Pennsylvania corporation, Defendants-Respondents Cross-Appellants, and Great Southern Life Insurance Company, a Texas corporation; The Corben Educational Services, Inc., an Oregon corporation; and Thomas W. Crosswhite, Defendants-Respondents.

Court of Appeals of Oregon.

Decided October 17, 2007.


Attorney(s) appearing for the Case

Craig J. Capon, Eugene, argued the cause for appellants-cross-respondents. With him on the briefs were Karla Alderman, Arden J. Olson, and Harrang Long Gary Rudnick P.C.

Scott J. Kaplan, Portland, argued the cause for respondents-cross-appellants. With him on the briefs were Charles F. Adams and Stoel Rives LLP.

R. Daniel Lindahl, Portland, argued the cause for respondent Great Southern Life Insurance Company. With him on the brief were Lisa E. Lear and Bullivant Houser Bailey PC, and Andrew C. Hanan and Conrad O'Brien Gellman & Rohn, Philadelphia.

Lee Wyatt argued the cause for respondents The Corben Educational Services, Inc., and Thomas W. Crosswhite. With him on the brief was LAWyatt, LLC.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.


HASELTON, P.J.

Plaintiffs appeal, challenging the dismissal on summary judgment, ORCP 47 B, of their common-law fraud claim against defendants as being barred by claim preclusion arising from the determination of prior federal litigation between the parties or, alternatively, by the expiration of the statute of limitations.1 As amplified below, we conclude that, because plaintiffs could have raised their common-law claims in their federal...

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