Oregon Supreme Court Vacates "Lipscomb" Decision

On June 30, 2006, the Oregon Supreme Court granted Intervenor employees' request to vacate the January 13, 2003 judgment issued by the Marion County Circuit Court in favor of employers in the City of Eugene case, popularly known as the "Lipscomb" decision. As a result, under the Supreme Court's ruling, employers and PERS can no longer rely upon the Lipscomb decision in support of any action. The Lipscomb decision had formed the basis for many of the draconian changes made to the PERS system over the past three years. The effects of the vacature are potentially far reaching. Intervenor employees in this case were represented by BHMK, through the PERS Coalition.