Case law

In Re Complaint as to the Conduct of Fitzhenry

343 Or. 86 · Oregon Supreme Court · Jun 28, 2007

The accused’s brief urges that some letters of intent in fact qualify as binding contracts. … Nor does the record establish that the accused knew about that misrepresentation to Clark. The record does establish, however, that the representation was patently untrue.

State Ex Rel. Juvenile Department v. Beasley

314 Or. 444 · Oregon Supreme Court · Oct 22, 1992

We accept father's summary of facts as having been established for purposes of our de novo review and hold that, in light of the record as a whole in this case, the state has established by clear and convincing evidence that … The somewhat similar statutory rule is clearly limited to the class of cases for which it was enacted. [4] In child sexual abuse cases, OEC *87 803(18a) and (b) permits hearsay testimony of statements by a child victim of

Hughes v. State of Oregon

314 Or. 1 · Oregon Supreme Court · Aug 6, 1992

The state asserts: "Quite clearly, the legislature has established an elaborate pension scheme for public employees. … I begin by establishing the formation and the terms of that contract.

Kellas v. Department of Corrections

341 Or. 471 · Oregon Supreme Court · Oct 12, 2006

A day spent in various kinds of custodial supervision, incarceration, treatment or release programs may qualify as a “sanction unit.” … It is prudent to keep judicial intervention within statutory or established equitable and common law remedies.

Tupper v. FAIRVIEW HOSP. & TRAIN. CENTER, ETC.

276 Or. 657 · Oregon Supreme Court · Nov 18, 1976

The stigma which an employee suffers upon being discharged from his job, even if only temporarily, can be regarded as an injury to his "reputation,” thus qualifying as a protected interest under Art. … He adds that "available data clearly do not show that conducting the hearing afterwards helps shorten the process.”

Wheatley v. Carl Halvorson, Inc.

213 Or. 228 · Oregon Supreme Court · Mar 19, 1958

One clause *233 of the contract was that the defendants “promise to pay” which the court characterized as “clearly a joint promise.” … A third clause clearly contemplated several liability only.

Soott v. Lawrence Warehouse Co.

227 Or. 78 · Oregon Supreme Court · Mar 22, 1961

Such, unilateral action clearly was unjustified. Lawrence Warehouse Company v. Twohig, 224 F2d 493, 498. By August 1, 1952, all of the lumber in the warehouse was delivered out of the warehouse, and it was closed. … To that extent the judgment entered was not supported by the established facts.

Lorenz v. Pilsener Brewing Co. of Ore.

159 Or. 552 · Oregon Supreme Court · May 24, 1938

class of cases where the improvement is compulsory on the part of the tenant making him a contractor with the landlord, with the consequence that liens may be claimed against the fee for materials or labor furnished, is clearly … It is true that when those decisions mentioned a lessee, holding under a lease containing a compulsory clause for the improvement of the property, they spoke of him as the agent of his lessor without the use of the qualifying

Salem Hospital v. Marion County

307 Or. 213 · Oregon Supreme Court · Dec 20, 1988

The legislative history of ORS 169.165 clearly shows that that statute was enacted to provide a remedy for a specific problem. … ORS 169.076 establishes standards for local correctional facilities.

Foeller v. Housing Authority of Portland

198 Or. 205 · Oregon Supreme Court · Apr 29, 1953

. # # # “The non-residential establishments are scattered promiscuously throughout the area. … With the attainment of these fundamentally public purposes the property acquired and held by an agency has been thus clearly devoted to a public use.

Dillard v. Premo

Oregon Supreme Court · Oct 19, 2017

Bureau of Labor and Industries, 317 Or 606, 614, 859 P2d 1143 (1993) (“The legislature knows how to include qualify- ing language in a statute when it wants to do so.”). … He warns that courts could “routinely violate the law and enter an unlawful judgment, but the case would be immune from appellate review.” Petitioner is incorrect.

Dillard v. Premo

Oregon Supreme Court · Oct 19, 2017

Bureau of Labor and Industries, 317 Or 606, 614, 859 P2d 1143 (1993) (“The legislature knows how to include qualify- ing language in a statute when it wants to do so.”). … He warns that courts could “routinely violate the law and enter an unlawful judgment, but the case would be immune from appellate review.” Petitioner is incorrect.

Olshen v. Kaufman

235 Or. 423 · Oregon Supreme Court · Sep 5, 1963

. *427 Behrman immediately duly qualified as guardian and has ever since acted in that capacity. … volume of business on their own behalf, the latter view which rests upon the equitable basis that, if the contract is fair and reasonable, then the minor should not be permitted to overreach any more than the adult seems clearly

Bates v. Bankers Life and Casualty Co.

Oregon Supreme Court · Jan 19, 2018

Plaintiffs qualify as vulnerable persons under the statute. See ORS 124.100(1)(e) (“vulnerable person” includes an “elderly person”); ORS 124.100(1)(a) (“elderly person” means a person 65 years of age or older). … Plaintiffs note that various categories of persons—such as financial institutions, adult foster homes, and health care facilities—have statutory immunity from civil elder financial abuse claims, and that insurance companies

Bates v. Bankers Life and Casualty Co.

Oregon Supreme Court · Jan 19, 2018

Plaintiffs qualify as vulnerable persons under the statute. See ORS 124.100(1)(e) (“vulnerable person” includes an “elderly person”); ORS 124.100(1)(a) (“elderly person” means a person 65 years of age or older). … Plaintiffs note that various categories of persons—such as financial institutions, adult foster homes, and health care facilities—have statutory immunity from civil elder financial abuse claims, and that insurance companies

Bates v. Bankers Life and Casualty Co.

Oregon Supreme Court · Jan 19, 2018

Plaintiffs qualify as vulnerable persons under the statute. See ORS 124.100(1)(e) (“vulnerable person” includes an “elderly person”); ORS 124.100(1)(a) (“elderly person” means a person 65 years of age or older). … Plaintiffs note that various categories of persons—such as financial institutions, adult foster homes, and health care facilities—have statutory immunity from civil elder financial abuse claims, and that insurance companies

In Re Complaint as to the Conduct of Haws

310 Or. 741 · Oregon Supreme Court · Nov 26, 1990

Although the Trial Panel concluded that the evidence presented did not establish, by clear and convincing evidence, the guilt of the accused in the foregoing eight allegations of disciplinary rule violations, we consider … The conduct of the accused here in failing promptly to respond to the request of the bankruptcy trustee clearly falls within the scope of judicial proceedings and could have affected the procedural functioning of the system

In Re Edwards' Estate

141 Or. 595 · Oregon Supreme Court · May 25, 1932

Instead of marrying a man who had succeeded in establishing himself she married a student. … In that year the trust fund had not yet been established.

State Ex Rel. Engweiler v. Felton

350 Or. 592 · Oregon Supreme Court · Sep 1, 2011

In addition, the board argued that, even if the 1991 version did not apply, the 1989 version did not mandate a hearing in Engweiler’s case, because ORS 144.120 is qualified by another, related statute, ORS 144.110(2)(b), … In Sopher’s case, the 1991 version of the statute clearly applied.

State v. Terwilliger

141 Or. 372 · Oregon Supreme Court · Nov 17, 1932

he was a graduate of a reputable medical college, or that he had practiced medicine in the state continuously for 10 years prior to the passage of the act, or that he had been found upon examination by the medical board qualified … Clearly, the setting of facts in that ease is far removed from the facts surrounding the case under consideration.