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Rachel Lee helps her clients with a variety of business litigation, with a specific focus on appellate matters. When advocating for her clients on appeal, Rachel draws on her previous experience serving as a judicial clerk for Judge Susan P. Graber of the Ninth Circuit Court of Appeals. Whether at the appellate or trial court level, clients in industries as diverse as healthcare, construction, manufacturing, utilities, and online services have come to rely on Rachel’s assistance in navigating complex civil litigation.

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Angle v Board of Dentistry, No. A162472, decided by the Oregon Court of Appeals on October 17, 2018, is a statutory interpretation case that may inform how dentists respond to requests for information from the Oregon Board of Dentistry.

ORS 679.170(6) provides that no person shall “fail to respond” to a written request from the Board of Dentistry for information.  Does a “nonresponsive” reply count as a failure to respond?  In this case, the Oregon Court of Appeals decides that just saying something is not sufficient to comply with ORS 679.170(6).  Instead, responses must be responsive.  According to the court, telling the board to go fly a kite or writing a letter about the history of Rome will not pass muster.  However, a “curt and not overly helpful” response may work.
Continue Reading Was the Response Responsive Enough? The Oregon Court of Appeals Weighs In On “Failure to Respond” to the Board of Dentistry