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JENSEN v. MEDLEY

(CC 9410-07258; CA A97720; SC S48478, S48487).

82 P.3d 149 (2003)

336 Or. 222

Nancy J. JENSEN, Respondent on Review-Petitioner on Review, v. Walter R. MEDLEY, Sublimity Insurance Company, Local Union No. 49, and Roofers Building Association & Charles Ouellette, Defendants, and The United Union of Roofers, Waterproofers & Allied Workers, Petitioner on Review Respondent on Review.

Supreme Court of Oregon.

Decided December 26, 2003.

Attorney(s) appearing for the Case

Steven Feinberg, of Asher, Gittler, Greenfield, Cohen & D'Alba, Ltd., Chicago, Illinois, argued the cause and filed the briefs for petitioner on review-respondent on review. With him on the briefs were Marvin Gittler, of Asher, Gittler, Greenfield, Cohen & D'Alba, Ltd., Chicago, Illinois, and Janet M. Schroer, of Hoffman, Hart & Wagner, Portland.

I. Franklin Hunsaker, of Bullivant Houser Bailey, Portland, argued the cause and filed the briefs for respondent on review-petitioner on review. With him on the briefs was Steven V. Rizzo, of Seidl & Rizzo, LLP, Portland.

Gene B. Mechanic, of Goldberg, Mechanic, Stuart & Gibson, Portland, filed the brief for amicus curiae American Federation of Labor-Congress of Industrial Organizations. With him on the brief was Craig Becker, Chicago, Illinois.

Maureen Leonard, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, and BALMER, Justices.

BALMER, J.

This case requires us to determine and apply the standards under which an international union can be held liable for the wrongful actions of an affiliated local union. Plaintiff brought this action against the United Union of Roofers, Waterproofers & Allied Workers (International), its Local No. 49 (Local), and others. She alleged various claims, including employment discrimination in violation of the Oregon whistleblower law, former ORS 659...

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