Foltz v. State Farm Mutual Automobile Insurance

I respectfully dissent.

I dissent from the answers given by the majority for use by the federal court. I would hold that the statute does indeed violate the right to a jury trial.

Simply put, the majority holds that the Oregon legislature has the power to prevent a fraud claim (or any tort claim) from being considered by a jury until after the claimant’s legal entitlement to any recovery at all, together with the degree or amount of such recovery for injury, is submitted to arbitration and that arbitration is completed.

Article I, section 17, of the Oregon Constitution provides:

*304“In all civil…