Case law

York v. Morgan

16 Or. App. 76 · Court of Appeals of Oregon · Dec 24, 1973

We there held that a community college student did not establish eligibility when he did not unequivocally testify that he was ready to drop school if necessary in order to accept any suitable work. … When claimant stated she would not accept work except on the afternoon shift, she clearly made herself unavailable for work of the character that she was qualified to perform. * * #” Affirmed.

O'Neil v. Martin

258 Or. App. 819 · Court of Appeals of Oregon · Oct 9, 2013

In August 2008, Simmons sent plaintiff a package marked “LEGAL MAIL” and that clearly indicated that it was from his law office in Oregon. … immunity, and (4) plaintiff failed to comply with the Oklahoma Governmental Torts Claims Act.

Smith v. Dept. of Corrections

300 Or. App. 309 · Court of Appeals of Oregon · Oct 30, 2019

“In order to invoke the jurisdiction of any court[,] a party must allege such facts as are necessary to establish that the court has jurisdiction to act.” State ex rel Sweere v. … None of those pro- visions, on their face, fall clearly within the definition of a rule and, in his opening brief, petitioner offers nothing other than a highly generalized and conclusory argument on the point: “The legal

Roberts v. Gray's Crane & Rigging, Inc.

73 Or. App. 29 · Court of Appeals of Oregon · Apr 3, 1985

In George, the court stated that the freedom to contract is not an absolute, but a qualified right, and is therefore subject to reasonable restraint in the interest of the public. … Hence, the balance established by the 1927 Act was disrupted.

Bertsch v. Department of Land Conservation & Development

252 Or. App. 319 · Court of Appeals of Oregon · Sep 19, 2012

As previously noted, section 6(6)(f) provides: “To qualify for a home site approval under this section, * * * the claimant must establish that: * * * * “(f) On the claimant’s acquisition date, the claimant lawfully was permitted … In light of *326 CDC section 430-37.2A and the record in this case, the state contends, the answer is clearly “no.”

State v. Meiser

323 Or. App. 674 · Court of Appeals of Oregon · Jan 11, 2023

or to conform their conduct to the law does not hold up under the statutory construction framework established by State v. … That rule provides, in its “classic form,” that “ ‘[i]t must be clearly proved that at the time of committing the act, the party accused was laboring under such a defect of reason, from disease of the mind, as not to know

Koller v. Schmaing

254 Or. App. 115 · Court of Appeals of Oregon · Dec 19, 2012

You’re not qualified in this state to represent Companion Pet Clinic— “DR. ROLLER: That’s correct. “THE COURT: —82nd Street, LLC. “DR. ROLLER: That’s correct. … shall be immune from an action for civil damages as a result thereof.”

Tanner v. Oregon Health Sciences University

157 Or. App. 502 · Court of Appeals of Oregon · Dec 9, 1998

failure to make the privileges or immunities available to that class can be justified by genuine differences between the disparately treated class and those to whom the privileges and immunities are granted. … Moreover, the class clearly is defined in terms of ad hominem, personal and social characteristics. The question *524 then is whether plaintiffs are members of a suspect class.

Haviland Hotels Inc. v. Oregon Liquor Control Commission

20 Or. App. 115 · Court of Appeals of Oregon · Jan 20, 1975

In speaking of the term “where food is cooked and served” in Art I, § 39, Oregon Constitution, the court said : “* * * Clearly the voters, in making that amendment to our Constitution, had in mind restaurants and other eating … It seems manifest that * * * the voters *119 thought of eating establishments as contrasted to saloons.

State v. Arellano

149 Or. App. 86 · Court of Appeals of Oregon · Jul 2, 1997

Whether evidence qualifies for admission under the rules of evidence is a question of law. … “Demonstrate” means “to manifest clearly, certainly, or unmistakably: show clearly the existence of[.]55 Webster’s Third New Int’l Dictionary 600 (unabridged ed. 1993).

Callan v. Confederation of Oregon School Administrators

79 Or. App. 73 · Court of Appeals of Oregon · Apr 23, 1986

The trier of fact may, in such instance, decline to draw the permissible inference necessary to establish liability. … applicants “for a responsible position in private industry” is the more qualified.

Medford Firefighters Ass'n, Local 1431 v. City of Medford

40 Or. App. 519 · Court of Appeals of Oregon · Jun 11, 1979

ORS 243.746 establishes procedures for selection of an arbitrator and for the arbitration itself. … In a city, not more than 15 percent of the qualified voters may be required to propose legislation by the initiative, and not more than 10 percent of the qualified voters may be required to order a referendum on legislation

Planned Parenthood Ass'n v. Department of Human Resources

63 Or. App. 41 · Court of Appeals of Oregon · May 11, 1983

Here, the group of women qualifying for assistance who seek medically necessary services relating to pregnancy does constitute a class apart from purely administrative action. … Thus, Wade established that the state’s interest in protecting potential human life during the first two trimesters is no greater than the mother’s interest in protecting *61 her health.

Reisen v. Blue Cross Blue Shield

115 Or. App. 396 · Court of Appeals of Oregon · Oct 7, 1992

When the court does not have such knowledge, the insurer must adduce evidence to establish the fact and the claimant may rebut it with other evidence. … As I say, particularly when you put together the herpes zoster with the monilial glossitis, you’ve got two instances of evidence of suppressed immunity.

Gray v. McGinnis

277 Or. App. 679 · Court of Appeals of Oregon · Apr 20, 2016

BACKGROUND Petitioner and respondent met through petitioner’s work for an establishment called the Sinful Fashion Boutique. … I am looking at the contacts after, when clearly she by her own behavior has decided she no longer wants to have contact with him.” Petitioner testified that the messages began “a few days” after November 8.

Robertson v. State Accident Insurance Fund

17 Or. App. 280 · Court of Appeals of Oregon · Apr 29, 1974

also establish his willingness to seek gainful and suitable regular employment.” … Not only did claimant refuse offers of employment, for which he was clearly qualified by training and experience, because he “just felt he wasn’t able to handle it,” but he made no application to the Department of Vocational

State v. Farris

312 Or. App. 618 · Court of Appeals of Oregon · Jun 30, 2021

Defendant argues that given the “vagaries of human experience,” no man of common intelligence, including defendant and his probation officer, would be able to agree on what type of rela- tionship would qualify as “intimate … In that instance, where the state argued that “intimate” clearly only encompassed relationships of a sexual nature, the Oregon Supreme Court concluded that “[i]n the absence of additional wording or context that establishes

Petrol Stops Northwest v. Morgan

10 Or. App. 620 · Court of Appeals of Oregon · Sep 28, 1972

Service station hours are established in the written agreement signed by all station managers. … Here, the facts seem to fall rather clearly within the ambit of “service” and “remuneration.” The plaintiff set the operating hours and gas prices at its stations.

McKay Creek Valley Ass'n v. Washington County

104 Or. App. 690 · Court of Appeals of Oregon · Dec 19, 1990

At a minimum, farm dwellings cannot be authorized before establishment of farm uses on the land * * *.” … Second, ORS 215.213(2) contains elaborate standards of its own for determining what dwellings qualify under it, but ORS 215.213(1)(g) and ORS 215.283(1)(f) do not.

Boger v. Norris & Stevens, Inc.

109 Or. App. 90 · Court of Appeals of Oregon · Oct 2, 1991

The trial court correctly recognized the witnesses as qualified experts. We reject defendants’ first three assignments. … The evidence clearly and convincingly supported the award of punitive damages. See Joachim v. Crater Lake Lodge, 48 Or App 379 , 617 P2d 632 , rev den 290 Or 211 (1980).