Case law

Stahlman v. Mills

238 Or. App. 606 · Court of Appeals of Oregon · Nov 17, 2010

The seminal decision is Bartz v. State of Oregon, 314 Or 353, 359 , 839 P2d 217 (1992). … In that regard, this court’s decision in Brown v. Baldwin, 131 Or App 356, 360 , 885 P2d 707 (1994), rev den, 320 Or 507 (1995), is instructive.

State v. Griffen

131 Or. App. 79 · Court of Appeals of Oregon · Oct 26, 1994

See State v. Drake, 113 Or App 16 , 832 P2d 44 (1992). If the state wished to do so here, it was required to charge defendant with possession of more than 10 grams of methamphetamine. … State v. Dvorak, 124 Or App 578, 863 P2d 1314 (1993), rev den 318 Or 351 (1994). Convictions affirmed; remanded for resentencing.

State v. Wall

30 Or. App. 839 · Court of Appeals of Oregon · Aug 29, 1977

Brown v. Multnomah County Dist. Ct., 29 Or App 917 , 566 P2d 522 (1977).

State v. Offet

36 Or. App. 865 · Court of Appeals of Oregon · Oct 30, 1978

dangerous drug or narcotic drug; or "(c) He is under the influence of intoxicating liquor and a dangerous drug or narcotic drug. "(2) Driving while under the influence of intoxicants is a Class A traffic infraction.” 3 In State v. … Because Mink preceded the Supreme Court’s decision in Brown v. Multnomah County Dist.

Schaad v. Lorenz

69 Or. App. 16 · Court of Appeals of Oregon · Aug 31, 1984

State Land Board v. Sovenko, et al, 202 Or 571, 574-76 , 277 P2d 781 (1954). In order for the prevailing party to recover attorney fees, the suit must have resulted in an increase in the estate or trust assets. … In Stout v.

Lane v. SAIF Corp.

132 Or. App. 371 · Court of Appeals of Oregon · Jan 4, 1995

The Board did not have the benefit of the Supreme Court’s opinion in S-W Floor Cover Shop v. Natl. Council on Comp. Ins., 318 Or 614 , 872 P2d 1 (1994), when it issued its order. … SAIF concedes that the Board applied the wrong legal standard and that the case must be remanded to the Board to determine whether petitioners were noncomplying employers with respect to claimant.

State v. Cox

178 Or. App. 426 · Court of Appeals of Oregon · Dec 26, 2001

State v. Brown, 262 Or 442, 457-58 , 497 P2d 1191 (1972) (setting out standard); State v. Ellison, 301 Or 676 , 725 P2d 363 (1986); State v. Farley, 301 Or 668, 672 , 725 P2d 359 (1986); State v. … For example, in State v.

Graham v. Schnitzer Steel Products

82 Or. App. 162 · Court of Appeals of Oregon · Nov 12, 1986

Kienow’s Food Stores v. Lyster, 79 Or App 416 , 719 P2d 890 (1986). … Reversed and remanded to Board for consideration of aggravation claim.

SAIF Corp. v. Buchanan

95 Or. App. 573 · Court of Appeals of Oregon · Mar 8, 1989

Armstrong v. Asten-Hill Co., 90 Or App 200, 205 , 752 P2d 312 (1988). … Armstrong v. Asten-Hill Co., supra. It lacks any explanation or reason of why the Board, on reconsideration, awarded permanent total disability after having originally granted only temporary total disability.

Samuel v. Frohnmayer

82 Or. App. 375 · Court of Appeals of Oregon · Feb 25, 1987

of Accountancy concerning the status under the Oregon Tort Claims Act of certified public accountants who volunteer their services to the board to investigate and review complaints against board licensees. … Cain v. Rijken, 300 Or 706, 713 , 717 P2d 140 (1986).

Mosley v. Owens

108 Or. App. 685 · Court of Appeals of Oregon · Sep 11, 1991

Myers v. Cessna Aircraft, 275 Or 501, 519 , 553 P2d 355 (1976). Accordingly, we review for abuse of discretion. State v. Caulder, 75 Or App 457, 460 , 706 P2d 1007 , rev den 300 Or 451 (1985). … , Oregon, because there is a “national standard of care” that is applicable to all ‘otolaryngologists certified by the American Board of Otolaryngology.

Tiner v. Premo

284 Or. App. 59 · Court of Appeals of Oregon · Mar 1, 2017

See Jackson v. Brown, 513 F3d 1057 (9th Cir 2008); see also Kyles, 514 US at 436 (stating that materiality should be considered “collectively, not item by item”). B. … See Morris v.

Saif Corp. v. Calles

138 Or. App. 269 · Court of Appeals of Oregon · Dec 13, 1995

As we held in Volk v. American West Airlines, 135 Or App 565 , 899 P2d 746 (1995), the amendments are applicable to all cases pending in litigation or on appeal. … Accordingly, we reverse and remand this case to the Board for reconsideration in the light of the amendments. Reversed and remanded.

Douglas County v. Briggs

34 Or. App. 409 · Court of Appeals of Oregon · May 15, 1978

State Highway Com. v. Burk et al., 200 Or 211, 228 , 265 P2d 783 (1954); Sweet et al. v. Irrigation Canal Co., 198 Or 166 , 254 P2d 700 , 256 P2d 252 (1953); Morris v. … ORS 374.420(2); State Highway Com. v.

State v. Elisalda

31 Or. App. 1289 · Court of Appeals of Oregon · Dec 19, 1977

Brown v. Multnomah County Dist. Ct., 280 Or 95 , 570 P2d 52 (1977).

State v. Workman

31 Or. App. 361 · Court of Appeals of Oregon · Oct 24, 1977

Brown v. Multnomah County Dist. Ct., 280 Or 95 , 570 P2d 52 (1977).

Thompson v. Department of Forestry

115 Or. App. 79 · Court of Appeals of Oregon · Aug 26, 1992

ORS 527.620(6), (10); see State v. Alder Creek Lumber Co., Inc., 33 Or App 195, 197 , 575 P2d 1020 (1978). … The Board did not err when it concluded that he was responsible for Ronald’s acts.

Carling National Breweries v. McClure

164 Or. App. 209 · Court of Appeals of Oregon · Nov 24, 1999

A divided Board, sitting en banc, set aside employer’s denial. … PGE v. Bureau of Labor and Industries, 317 Or 606, 610-12 , 859 P2d 1143 (1993). In referring to the language of a statute, we also take into account prior judicial construction of it. Mendieta v.

State v. Wall

31 Or. App. 397 · Court of Appeals of Oregon · Oct 24, 1977

Brown v . Multnomah County Dist. Ct., 280 Or 95 , 570 P2d 52 (1977).

Pepsi Cola Bottling Co. v. Walton

147 Or. App. 698 · Court of Appeals of Oregon · Apr 30, 1997

The Board affirmed the ALJ’s order. … Drews v. EBI Companies, 310 Or 134, 139-40 , 795 P2d 531 (1990).