Case law

State v. Dodson

25 Or. App. 859 · Court of Appeals of Oregon · Jun 28, 1976

Clearly such was the case here. … Under these circumstances we hold *866 that the requirements of ORS 161.735 have been complied with and the defendant’s personality disorder and propensity toward criminal activity have been established.

Matter of Marriage of Menard

180 Or. App. 181 · Court of Appeals of Oregon · Mar 13, 2002

WIFE’S CLAIM TO A SHARE OF HUSBAND’S VSI The terms of the dissolution judgment, in context, clearly state that wife is entitled to 25 percent of husband’s VSI. … Because the dissolution judgment clearly entitles wife to a 25 percent portion of husband’s VSI, husband can prevail only by establishing that the court lacked authority to make that award.

LaVoie v. Power Auto, Inc.

259 Or. App. 90 · Court of Appeals of Oregon · Oct 23, 2013

Thus, he was clearly aware that it was unreasonably dangerous to have that specific floor mat near the vehicle’s brake and accelerator pedals. … The affidavit or declaration shall be made in good faith based on admissible facts or opinions obtained from a qualified expert who has actually been retained by the attorney who is available and willing to testify and who

State v. Forrest

213 Or. App. 151 · Court of Appeals of Oregon · May 30, 2007

We rejected that argument, observing, “Given the trial court’s detailed explanation of the seriousness of the charge and its recital of defense tasks for which an attorney is especially qualified, the court’s message *158 … The state concludes that our reasoning in Howard informs the issue in this case significantly because, “[b]y stating specific benefits of legal representation, the [waiver] form was also clearly telling the defendant that

Judson v. Apprenticeship and Training Council

9 Or. App. 367 · Court of Appeals of Oregon · Mar 30, 1972

“(b) The possibility the provision might result in the diversion of needed qualified applicants for apprenticeship or training into unskilled or semi *372 skilled jobs for which, an adequate supply of labor already exists … We do not construe the words “may depart in some respects” as a blanket authority to disregard or overrule a clearly expressed legislative intent, whether that authority is granted to an administrative agency or, as here,

O'HOLLAREN v. Marine Cooks & Stewards Union

83 Or. App. 133 · Court of Appeals of Oregon · Dec 17, 1986

” 28 Cath L Rev 445, 452 (1979): “In determining whether [a deferred compensation] arrangement constitutes an employee benefit plan for purposes of Title I, however, the most difficult questions arise when attempting to qualify … The Department of Labor has indicated clearly that the provision of pension benefits to an employee pursuant to an individual employment contract is not an employee pension benefit plan and, therefore, cannot constitute an

Stroeder v. Office of Medical Assistance Programs

178 Or. App. 374 · Court of Appeals of Oregon · Dec 19, 2001

The hearing officer also found that a preponderance of the evidence established as fact that there were no contraindications. … Stated another way, the qualifying diagnoses for a combined *385 heart-lung transplant are not simply the sum of the qualifying diagnoses for a heart transplant and those for a single or bilateral lung transplant.

Fenn v. Charles T. Parker Construction Company

6 Or. App. 412 · Court of Appeals of Oregon · Aug 12, 1971

Reimbursement for travel time shall be computed *415 on the distance one way from the center of a city or town which is qualified to be a Job Headquarters to Reporting Headquarters where workmen will report at the beginning … Such is clearly the case when, as here, the actual daily work location progresses regularly over a substantial distance, here extending from Silverton to Marcóla, being over 70 miles.

Kraft v. Estate of Cooper

263 Or. App. 420 · Court of Appeals of Oregon · Jun 11, 2014

Grant Place, as now laid out and established,’ and ‘thence, Easterly, along the north line of NE U.S. Grant Place.’ Clearly, the property, thus described, lies to the north of U.S. … Grant Place “as now laid out and established” clearly means the line of the street as “laid out and established” at the time of the transfer from Cooper to plaintiffs. Plaintiffs do not contend otherwise.

State v. Henley

281 Or. App. 825 · Court of Appeals of Oregon · Oct 26, 2016

“Preservation requirements serve a practical purpose, that is, to advance goals such as ensuring that the positions of the parties are presented clearly to the initial tribunal and that parties are not taken by surprise, … They talk about the standards that need to be established before those kind of propensity evidences [are] admitted.

STATE, EX REL. ADAMS v. Powell

171 Or. App. 81 · Court of Appeals of Oregon · Nov 22, 2000

The term clearly is used to apply to elected officials as well as to appointed officials, and it therefore cannot apply only to interim appointees as used in those subsections. … In summary, as it relates to the present case, the case law interpreting Article XV, section 1, establishes that the holdover provision applies to appointees such as Powell in the circumstance presented here. 4 In the general

Industra/Matrix Joint Venture v. Pope & Talbot, Inc.

200 Or. App. 248 · Court of Appeals of Oregon · Jun 15, 2005

Thus, the initial clause establishes a broad range of arbitra-ble disputes. … It is undisputed that the contracts at issue in this case qualify.

Vester v. DIAMOND LUMBER COMPANY

21 Or. App. 587 · Court of Appeals of Oregon · Jun 2, 1975

The evidence, including claimant’s own testimony, indicates that he is qualified by intelligence, aptitude and physical capability to perform light work in several fields, including refrigeration repair, welding, and operation … State Compensation Dept., 3 Or App 38 , 471 P2d 826 (1970), such, according to the medical testimony, is clearly not established here.

American Can Co. v. Oregon Liquor Control Commission

15 Or. App. 618 · Court of Appeals of Oregon · Dec 17, 1973

In addition, plaintiffs presented evidence of the activities of various civic organizations designed to alleviate the litter and solid waste problems, and the establishment in various places around the nation of resource … Co., supra, 393 US at 136 and 138-39, quoted above is clearly applicable.

Dept. of Human Services v. L. E. F.

307 Or. App. 254 · Court of Appeals of Oregon · Oct 14, 2020

STANDARD OF REVIEW Father asks us to review this matter de novo, argu- ing that this is an exceptional case that qualifies for such review. … DHS must establish by a preponderance of the evidence a connection between the parents’ allegedly risk- causing conduct and the harm to the children, and it must also establish that the threat of harm is current and non-

Akiyama v. Tillamook County

333 Or. App. 315 · Court of Appeals of Oregon · Jun 26, 2024

For example, the ordinance limits the number of licenses to one per licensee,6 establishes geo- graphical subareas within the county and limits the number of licenses that may be issued for each subarea, establishes a density … limitation on the issuance of short-term rental licenses, and establishes a minimum rental rate require- ment to qualify for license renewal.

Civil Service Board v. Bureau of Labor & Industries

61 Or. App. 70 · Court of Appeals of Oregon · Dec 22, 1982

Given that premise, the Commissioner concluded that the Fire Bureau had failed to establish the impossibility or great impracticality of differentiating the qualified from the unqualified by individual screening. … This record clearly supports the reasonableness of the Fire Bureau’s assessment of the risks of eliminating the maximum hiring age. This case is substantially similar to Murnane v. American Airlines, Inc., supra.

Southwest Oregon Dairy Herd Improvement Ass'n v. Morgan

17 Or. App. 300 · Court of Appeals of Oregon · May 6, 1974

There the court pointed out that in adopting ORS 657.045 (2) (d), the Oregon legislature clearly intended to adopt the federal definition of “agricultural labor.” In Lucas County Farm Bureau Cooperative Ass’n. v. … And the legislature was careful to point out that the activities specified in subsection (2) (d) not directly related to the production of the farm qualifies as agricultural labor ‘only if such service is performed as an

SAIF Corp. v. Ramirez

213 Or. App. 321 · Court of Appeals of Oregon · Jun 13, 2007

In this case, claimant contends, Kane’s report clearly includes such findings, and the board’s finding to that effect is supported by substantial evidence. … The court said that “any one of those characteristics, if established, will serve to qualify a physical finding or a subjective response to a physical examination as a verifiable indication of injury or disease that will

Jury Service Resource Center v. Carson

199 Or. App. 106 · Court of Appeals of Oregon · Apr 13, 2005

Although plaintiffs’ appeal contains eight assignments of error and conflates the various parties and their claims and defenses, it clearly and accurately states the issues before us: Does the PRL permit defendants to deny … The two Press-Enterprise cases, then, establish a test for closure that “is extremely hard to meet.