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STATE EX REL. DEPT. OF EDUCATION v. VANTAGE TECHNOLOGIES

07C12927; A141945.

261 P.3d 17 (2011)

243 Or. App. 557

STATE of Oregon, acting by and through its DEPARTMENT OF EDUCATION, Plaintiff-Appellant, v. VANTAGE TECHNOLOGIES KNOWLEDGE ASSESSMENT, LLC, dba Vantage Learning, a Delaware limited liability company, Defendant-Respondent.

Court of Appeals of Oregon.

Decided June 22, 2011.

Attorney(s) appearing for the Case

Denise G. Fjordbeck , Attorney-in-Charge, Civil/Administrative Appeals, argued the cause for appellant. With her on the briefs were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Peter J. Deeb argued the cause for respondent. With him on the brief were Craig G. Russillo , Sara Kobak , and Schwabe, Williamson & Wyatt P.C., and Deeb, Petrakis, Blum & Murphy, P.C.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.

WOLLHEIM, J.

This action arose out of a contract between the State of Oregon, acting through the Department of Education (DOE or the state), and defendant Vantage Technologies Knowledge Assessment, LLC (Vantage), for the provision and administration of software for standardized testing of K-12 students in Oregon schools through the Oregon Technology Enhanced Student Assessment (TESA) system. After the contractual relationship soured, Vantage gave notice of termination...

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