Case law

Hugo

District Court, D. Oregon · Oct 30, 2025

Plaintiff fails to allege any facts that establish state action and appears incapable of doing so. See Kiss v. Best Buy Stores, Ltd. P’ship, No. 23-35004, 2023 WL 8621972, at *1 (9th Cir. … [Section] 1983 fail because [the] [d]efendants are private actors and [the plaintiff did] not allege any facts that establish state action”); Wood v.

Irwin v. Shalala

840 F. Supp. 751 · District Court, D. Oregon · Sep 24, 1993

I am not qualified to interpret an EEG, or determine how it affects plaintiffs capacity to work. Absent proper interpretation by a qualified physician, this information is meaningless. F. … The Secretary has clearly not met her burden of establishing that plaintiff can consistently work an eight-hour day at a job available in sufficient numbers in the national economy, and further testimony is unlikely to produce

Dry Bulk Singapore PTE. LTD. v. Amis Integrity S.A.

District Court, D. Oregon · Jan 28, 2022

“[A] party asserting the attorney-client privilege has the burden of establishing the [existence of an attorney-client] relationship and the privileged nature of the communication.” United States v. … Considering the cross-border nature of admiralty disputes, this Court is not inclined to invent an artificial distinction that only attorneys from the United States can qualify as “competent counsel” for the purposes of

Swales v. Commissioner Social Security Administration

District Court, D. Oregon · Nov 4, 2019

Based on these limitations, which qualified Plaintiff for “light” work, Dr. Moner found Plaintiff not disabled through December 31, 2014. (Admin. R. … In March 2016, Plaintiff established care with Margaret Bismark, F.N.P.

Adidas America, Inc. v. Skechers USA, Inc.

149 F. Supp. 3d 1222 · District Court, D. Oregon · Feb 12, 2016

important .to guard against the overlap of patents and trademarks because if a product’s functional features could be trademarked, the holder .could *1238 obtain a monopoly “over such features \.. without regard to whether they qualify … A search for “mtm special ops” watches on Amazon.com returned a results page which listed several other brand’s watches that were similar to MTM’s tactical-style watches, but the results page did not clearly indicate that

United States v. Oregon

787 F. Supp. 1557 · District Court, D. Oregon · Mar 16, 1992

This original plan set conservation goals for each fish species, established fishing regulations and provided for the establishment of future management techniques. … In the treaties negotiated by Moses in 1879 and 1883, he clearly sought to establish rights to land in the traditional aboriginal territories of the Chelan, Entiat and Wenatchi, but no mention was made of fishing rights,

Aequitas Holdings, LLC v. Newman

District Court, D. Oregon · Mar 16, 2020

Indeed, the testimony of the Newmans, at best, established that Jesenik offered them a gift of repaying the loan for them. … Defendants provide no support that ACF or AH clearly, decisively, and unequivocally waived any right to collect on the note.

Haszard v. American Medical Response Northwest, Inc.

237 F. Supp. 2d 1151 · District Court, D. Oregon · Sep 20, 2001

Jui and Schmidt have not intransigently insisted on classroom training for verification of competencies, they clearly have attempted to do so. … This requirement is meant to encompass all forms of training that do not qualify the employee for advancement or promotion. 29 CFR § 785.29 .

Schroeder v. United States

683 F. Supp. 2d 1129 · District Court, D. Oregon · Jan 21, 2010

This conclusion also preserves the purpose and integrity of the review process established in the regulations. … The court concluded: The agency clearly did not implement the NAD decision within its own governing statues and regulations.

Doe v. Wright

District Court, D. Oregon · Aug 14, 2025

MOTION TO DISMISS This Court previously concluded that (1) Plaintiff stated a claim that Wright violated her right to equal protection, and (2) he was not entitled to qualified immunity … Rather, “[t]he official must also be responsible for establishing final government policy respecting such activity before the municipality can be held liable.” Id. at 482–83.

Do v. Platinum Management, Inc.

District Court, D. Oregon · Jul 31, 2024

"Where there are two permissible views of the evidence, the factfinder's choice between them cannot be clearly erroneous." … Thus, this factual finding is not clearly erroneous.

Unigestion Holding, S.A. v. UPM Tech., Inc.

305 F. Supp. 3d 1134 · District Court, D. Oregon · Mar 30, 2018

UPM has not clearly alleged, however, that it offers a product that is interchangeable with a product offered by Digicel. … Thus, the first substantive flaw in UPM's antitrust claim is its failure clearly to define the scope of the relevant product market.

Calista Enterprises Ltd. v. Tenza Trading Ltd.

43 F. Supp. 3d 1099 · District Court, D. Oregon · Aug 8, 2014

Morgan, found that 79 percent of the 840 qualified respondents identified “PORNTUBE” as a brand name. Tauger Decl. Ex. V, Dkt. 99-23 at 9. Mr. … Maronick found that only 1.9 percent of qualified survey respondents considered the term “porn tube” to be a trademark or source identifier.

Leupold & Stevens, Inc. v. Lightforce USA, Inc.

District Court, D. Oregon · Sep 26, 2019

First, the witness is qualified if he or she has expertise in the precise pertinent art at issue. … “To qualify as prior art for an obviousness analysis, a reference must qualify as ‘analogous art,’ i.e., it must satisfy one of the following conditions: (1) the reference must be from the same field of endeavor; or (2)

Clausen v. M/V NEW CARISSA

156 F. Supp. 2d 1192 · District Court, D. Oregon · Aug 27, 2001

Elston also went on to say that “the case for general causation is well established in the literature for contact toxicity.” … And— [I]n order to qualify as “scientific knowledge”, an inference or assertion must be derived from the scientific method.

United States v. Wallamet V. & C. M. Wagon Road Co.

42 F. 351 · District Court, D. Oregon · May 12, 1890

formed, under the general laws of Oregon, for the purpose of constructing and maintaining a wagon road from Albany, across the Cascade mountains, to the Deschutes river, “all lands, right of way, rights, privileges, and immunities … But the conclusions reached on the first plea make it certain, in the judgment of this court, that the complainant cannot, and ought not to, prevail in this suit — First, because the claim is clearly a stale one, and also

Key-Matthews

District Court, D. Oregon · Sep 1, 2026

Defendants Fox and Curry County Health Network oppose Plaintiff’s Motion, arguing that she can submit the report of her own qualified expert to oppose the pending summary judgment motion. See Def. … Because the Federal Rules of Civil Procedure clearly require that a party disclose expert information before using that expert’s opinion to support a dispositive motion and because expert discovery is ongoing in this matter

Cochrane v. Berryhill

260 F. Supp. 3d 1317 · District Court, D. Oregon · May 18, 2017

Consistent with this testimony, the Social Security Administration (SSA) found her improved enough after ten years that she no longer qualified for disability. … The language does not clearly establish what exactly is meant by the word “machinery” or that it is concerned only with machinery that has dangerous moving parts. While that, may be the case, it is not clear.

Diemert

District Court, D. Oregon · Mar 9, 2026

The moving party has the burden of establishing the absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). … The “hole” in question was clearly cut intentionally to allow the passage of plumbing lines for the sink in the living quarters of the RV and then sealed, albeit not to Plaintiff’s satisfaction.

Lofall v. Clackamas County

District Court, D. Oregon · Sep 3, 2025

“Within eight minutes of their arrival, without conducting a thorough investigation or establishing probable cause,” Blyth and Gunnarson “arrested [Lofall] on allegations of harassment.” (Id. at 24-25.) … Portlock moves to dismiss Lofall’s relevant claims on the grounds that the statute of limitations bars his claims, and she is entitled to absolute prosecutorial immunity. (See generally Mot.