Case law

Newport Church of the Nazarene v. Hensley

335 Or. 1 · Oregon Supreme Court · Oct 24, 2002

To qualify, a state unemployment compensation program must not exempt more workers from coverage than are exempt under the federal program. … provides, in part: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof!.]”

Gibson v. Safeway Stores, Inc.

307 Or. 120 · Oregon Supreme Court · Nov 16, 1988

The remaining question is whether the defendant met the ORS 656.017(1) requirement that the employer “maintain assurance” that its subject workers “will receive compensation for compensable injuries * * * by qualifying * … * * (a) [a]s a carrier-insured employer * * * or (b) [a]s a self-insured employer * * As stated, it is established that the defendant was a self-insured employer.

Hawkins v. City of La Grande

315 Or. 57 · Oregon Supreme Court · Dec 17, 1992

State of Oregon, supra, this court pointed out that “[t]he burden is on the state to establish its immunity.” 290 Or at 15 . In Little v. … The facts of this case establish the claim of condemnation of the crops and livestock killed sufficiently to establish the claim on that theory.

Hughes v. Wilson

345 Or. 491 · Oregon Supreme Court · Dec 18, 2008

See Vokoun, 335 Or at 31 (county has burden to establish discretionary immunity). … Merely weighing costs and benefits and making a decision, even if that decision might qualify as a permissible discretionary decision, is not sufficient to entitle a government to immunity.

Vendrell v. School District No. 26C

226 Or. 263 · Oregon Supreme Court · Mar 1, 1961

The principle is clearly stated as follows in Antin v. Union High School Dist. … Since it is now established by Lovell v. School Dist.

Brennen v. City of Eugene

285 Or. 401 · Oregon Supreme Court · Feb 27, 1979

Clearly, the act of the agent in issuing the license without requiring that Terminal obtain the minimum liability insurance mandated by ordinance was a cause in fact of plaintiff’s inability to collect on his judgment. … If, on the basis of the application review under section 3.050, the finance officer determines that the applicant does not qualify for issuance of a license, the finance officer shall notify the applicant in writing that

Salem College & Academy, Inc. v. Employment Division

298 Or. 471 · Oregon Supreme Court · Jan 15, 1985

A state law may have been designed to meet the standards that will qualify the state for a federal benefit, in this instance to qualify local employers for a federal tax credit. … But the Court held only that the National Labor Relations Act did not clearly extend to faculty members of church-operated schools.

Lowrimore v. Dimmitt

310 Or. 291 · Oregon Supreme Court · Sep 20, 1990

The court held: “Because the complaint alleges facts which, if proved, would establish plaintiffs right to recover for an intentional, malicious and unjustified interference with custody of her child,” the complaint stated … A traffic officer’s decision to pursue a vehicle such as the Dimmitt vehicle, though discretionary in the sense that it involves the exercise of judgment and choice by the officer, is not one that qualifies its maker to immunity

Vaughn v. First Transit, Inc.

346 Or. 128 · Oregon Supreme Court · Apr 16, 2009

generally discuss the issue in this case as whether defendants have “immunity.” … However, the OTCA does not, by its terms, “immunize” those persons.

Hungerford v. Portland Sanitarium & Benevolent Ass'n.

235 Or. 412 · Oregon Supreme Court · Sep 5, 1963

Mellenberger, 163 Or 233, 260 , 95 P2d 709 , 128 ALR 1506 (1939), which marshalled the authorities and concluded that, even in a criminal case, if the former decision is shown to be clearly in error it ought not to be followed … The verdict established the fault of the servant and the measure of damages. There is no question that the negligent servant was working within the scope *417 of her employment.

State v. Williams

46 Or. 287 · Oregon Supreme Court · Apr 28, 1905

established) and it would be most unreasonable to always require direct and positive evidence. … But a few courts have, by refined distinctions, qualified this doctrine slightly.

Walsh v. Consolidated Freightways, Inc.

278 Or. 347 · Oregon Supreme Court · May 10, 1977

The law clearly recognizes that a former employer has a qualified privilege to make defamatory communications about the character or conduct of his employees to present or prospective employers. … The immunity is forfeited if the defendant steps outside of the scope of the privilege, or abuses the occasion. * * *. % * * * "* * * Furthermore, the qualified privilege will be lost if the defendant publishes the defamation

Apitz v. Dames

205 Or. 242 · Oregon Supreme Court · Sep 9, 1955

Joss was not the “widower” or say that he was not “a widower qualified to take” as the beneficiary under the Death Statute. … The statute clearly states that if there was no widower or dependent, a right of recovery was vested in the executor for the benefit of the estate.

Storm v. McClung

334 Or. 210 · Oregon Supreme Court · Jun 7, 2002

It had previously paid a professional tree service to fell a number of trees in the *214 park; city employees did not believe that they were qualified to do the work safely. … The equipment that Bud’s Towing provided included a crane that had a bucket at one end; of those present, only Storm and Bullock were qualified to operate it.

Alsos v. Kendall

111 Or. 359 · Oregon Supreme Court · Jun 17, 1924

There might be some basis for this contention if it were not for other provisions of the statute which, we think, clearly show a contrary intent. … Section 135 of Chapter 105, as amended by Section 5 of Chapter 295, Laws of 1923, provides that “licenses * * shall be issued to any qualified person or corporation by the master fish-warden upon ap *363 plication therefor

Hyundai Semiconductor America v. City of Eugene

332 Or. 293 · Oregon Supreme Court · Jul 6, 2001

Each of the Defendants adopted a new resolution [(the June resolutions)] requiring qualified businesses to make a ‘public benefit contribution’ of up to 15 percent of the tax exemption in order to qualify for the tax exemption … Specifically, the legislature replaced the departmental hearings process with a new process established in the magistrate division of the Tax Court. Id.; see Or Laws 1995, ch 650, § 2 (establishing magistrate division).

Vogl v. Department of Revenue

327 Or. 193 · Oregon Supreme Court · Jun 18, 1998

Plaintiffs note, first, that Ragsdale explicitly declined to address the intergovernmental tax immunity implications of a Hughes remedy, an issue that clearly is raised by the 1995 enactment. … Ragsdale clearly endorses the notion that, just as a tax exemption that discriminates against federal retirees would violate the doctrine of intergovernmental tax immunity, so would a tax rebate that discriminates against

Sherman v. Dept. of Human Services

368 Or. 403 · Oregon Supreme Court · Jul 29, 2021

by law, including but not limited to the limitations established by ORS 12.110.” 1 ORS 124.100 provides for, among other things, increased damages and attorney fees for prevailing plaintiffs who qualify … ORS 124.105 lists specific conduct that qualifies as “physical abuse” as described in actions for increased damages under ORS 124.100.

City of North Bend v. County of Coos

259 Or. 147 · Oregon Supreme Court · Jun 16, 1971

is no defense because the legislature has waived immunity by statute in this type of case. … That clearly cannot be assumed in the present case.

State v. Savastano

354 Or. 64 · Oregon Supreme Court · Sep 12, 2013

*  * [T]he privileges or immunities faced by defendant here are clearly of *  constitutional magnitude.” Savastano, 243 Or App at 588-89. … The dependent clause qualifies what would otherwise be an almost absolute prohibition on lawmaking, because lawmak- ing almost always involves or establishes some advantage or disadvantage for some group of citizens.