Legal Opinion

John Deere Co. v. Epstein

Oregon Supreme Court

Decided February 14, 1989No. TC 35203; CA A36833; SC S35390PublishedCited by 14 opinions

1Opinion of the Court

*350VAN HOOMISSEN, J.

The issue in this case is whether OEC SISO)1 prohibits the finder of fact in a civil action from drawing an inference from a party’s assertion of his Fifth Amendment right not to testify against himself. The Court of Appeals held that an inference may be drawn. John Deere Co. v. Epstein, 91 Or App 195, 202, 755 P2d 711 (1988). We disagree. We affirm the decision of the Court of Appeals, but do so for a different reason.

Defendant Haddix appeals from a judgment in favor of plaintiff John Deere Company (Deere) based on the trial court’s finding that Haddix forged the signature…

2Cases cited5 opinions

  1. Griffin v. CaliforniaSupreme Court of the United States · 1965
  2. Griffin v. CaliforniaSupreme Court of the United States · 1965
  3. Baxter v. PalmigianoSupreme Court of the United States · 1976
  4. Lefkowitz v. CunninghamSupreme Court of the United States · 1977
  5. John Deere Co. v. EpsteinCourt of Appeals of Oregon · 1988

3Cited by14 opinions

  1. Kahn v. Pony Express Courier Corp.Court of Appeals of Oregon · 2001
  2. Kennedy v. Gillam Development Corp.Colorado Court of Appeals · 2003
  3. Ricciardi v. FrinkCourt of Appeals of Oregon · 1995
  4. Bennett v. BaughCourt of Appeals of Oregon · 1998
  5. Jitner v. Gersch Development Co.Court of Appeals of Oregon · 1990

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