Case law

Wade

District Court, D. Oregon · May 6, 2026

The moving party has the burden of establishing the absence of a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). … Telling Wade that she would “get in trouble” for participating in Svoboda’s misconduct, ECF 73-1 at 76:11-17, and, as Wade 1 The Court does not address any issue of qualified immunity because Svoboda did not make that

Sierra v. Moreno

District Court, D. Oregon · Apr 14, 2024

“A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips … A request for a mandatory injunction seeking relief well beyond the status quo is disfavored and shall not be granted unless the facts and law clearly favor the moving party. Stanley v. Univ. of S.

Cyber Acoustics, LLC v. Belkin International, Inc.

988 F. Supp. 2d 1236 · District Court, D. Oregon · Dec 27, 2013

An affirmative defense is legally insufficient only if it clearly lacks merit “under any set of facts the defendant might allege.” Polk v. … Second, to establish inequitable conduct a party must plead materiality and intent.

Harwood v. HOWARD GROUP, INC.

86 F. Supp. 2d 1027 · District Court, D. Oregon · Jan 14, 2000

Both states raise the bar fairly high: ... clauses which purport to exculpate an indemnitee from liability for losses flowing solely from his own acts or omissions are not favored and are to be clearly drawn and strictly … It is a firmly established rule that contracts of indemnity will not be construed to cover losses to the indemnitee caused by his own negligence unless such intention is expressed in clear and unequivocal terms.

United States v. State of Or.

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,

Pope v. Wilsonville T LLC

District Court, D. Oregon · Jul 6, 2021

. § 656.018(1)(a), “generally makes an employer that satisfies its insurance obligations for subject workers immune from civil liability for injuries to a worker arising out of the worker’s employment.” … STAT. § 656.017(1) to maintain workers’ compensation insurance or qualify as a self-insured employer. (Pl.’s Resp. to Def.’s Mot. to Dismiss (“Pl.’s Resp.”) at 10.)

Rogala v. Hartford Life & Accident Insurance Co.

District Court, D. Oregon · Oct 25, 2021

And (2), assuming plaintiff did qualify, did he establish that his disability lasted throughout the 90-day elimination period and two-year mental illness limitation? … This Court previously ordered, in response to Hartford Life’s Motion to Supplement the Administrative Record, that “the circumstances of this case clearly establish that additional evidence is necessary to conduct

Epperson v. Commissioner Social Security Administration

District Court, D. Oregon · Mar 30, 2022

If it were credited as true, it clearly establishes the Plaintiff's disability. … Storm qualified her opinion by stating that while the limitations “likely” started more than one year prior to her 2019 opinion, it was “unclear how much longer” they had existed. Tr. 1123.

Segura v. Larson

District Court, D. Oregon · Jun 15, 2021

A § 1983 plaintiff must establish both causation-in-fact and proximate (i.e., legal) causation. See Harper v. City of Los Angeles, 533 F.3d 1010, 1026 (9th Cir. 2008). … A preliminary injunction represents the exercise of a far reaching power not to be indulged except in a case clearly warranting it. Dymo Indus. v.

LEGAL AID SERVICES OF OR. v. Legal Services Corp.

561 F. Supp. 2d 1187 · District Court, D. Oregon · Apr 7, 2008

The business of LSC is to make and administer grants to qualified civil legal services programs in each state of the nation. … The Oregon Law Center is a nonprofit corporation established in 1995 as an affiliate of LASO.

Cavanaugh Ex Rel. Cavanaugh v. Providence Health Plan

699 F. Supp. 2d 1209 · District Court, D. Oregon · Mar 16, 2010

The [made-whole] doctrine is clearly not eliminated from the plan by virtue of its precise terms. … Defendant, however, asserts Stanke’s Declaration is not sufficient to establish that Plaintiff has not been made whole because it constitutes hearsay and Stanke is not qualified to opine as to Plaintiffs future medical needs

Mockaitis v. Harcleroad

938 F. Supp. 1516 · District Court, D. Oregon · Aug 15, 1996

The appended affidavits and other materials establish the following facts. … The appended affidavits establish the requisite “good cause.”

Wyatt B. v. Kotek

District Court, D. Oregon · Sep 27, 2021

The weight of authority clearly demonstrates that the rights secured by the Fourteenth Amendment, though significant, are strictly limited in scope. … Accordingly, the Court concludes that the “case review system” requirement established by §§ 671(a)(16) and 675(5)(A) are subject to enforcement under § 1983.

Adidas-Salomon AG v. Target Corp.

228 F. Supp. 2d 1192 · District Court, D. Oregon · Oct 30, 2002

Defendants argue that advertising merely showing the product is clearly insufficient; instead the advertising must feature in some way the trade dress itself. … However, Felix the Cat merely states that “a mark must be more than ‘distinctive’ to qualify for protection under the dilution statutes.” Id. (citations omitted).

Halsey v. Airbus Helicopters S.A.S.

District Court, D. Oregon · Jan 28, 2025

Because Plaintiffs cannot establish that Safran purposefully directed its activities at Oregon, there is no need for further analysis. … However, in an attempt to avoid workers compensation immunity, Plaintiffs argue they “were separately injured after the crash by the defendants’, including Med Trans’, negligent and intentional spoliation of evidence[.]

Dames v. Paul Revere Life Insurance

49 F. Supp. 2d 1194 · District Court, D. Oregon · Jun 15, 1999

Sulta-ny, M.D., examined Dames and diagnosed her as having fibromyalgia, commenting that: “She does qualify for the usual criteria.” Plaintiffs Ex B, p. 2. On October 30, 1997, Dames saw Dr. Andre Barkhuizen, M.D. … Other panels adopted a burden shifting methodology which requires the claimant to present proof that the decision actually was tainted by the conflict, at which time the burden would shift to the fiduciary to establish that

Cox v. Association of Oregon Corrections Employees, Inc.

District Court, D. Oregon · Mar 28, 2024

Courts in the Ninth Circuit use a two-prong inquiry to determine whether a private actor, such as a union, engaged in state action to qualify as a state actor under § 1983. … State Defendants move to dismiss on the grounds that Plaintiff’s claim is barred by sovereign immunity. State MTD at 13.

Ratto v. Secretary, Department of Health & Human Services

839 F. Supp. 1415 · District Court, D. Oregon · Aug 13, 1993

Stites advised SSA that plaintiff was severely incapacitated, incapable of performing even the full range of sedentary work, and “certainly” qualifies for disability benefits at this time. Id. … In step five, the Secretary must establish that the claimant can perform other work. Yuckert, 482 U.S. at 141-42 , 107 S.Ct. at 2291-92 ; see 20 C.F.R. §§ 404.1520 (e) & (f), 416.920(e) & (f).

Goren

District Court, D. Oregon · Dec 4, 2025

Even if an expert is generally qualified under Kumho Tire Co. v. … [NVP] was clearly a Professional Service Provider.

Gorman v. Douglas County Sheriff

District Court, D. Oregon · Aug 31, 2023

Grant, 796 F.2d 288, 290 (9th Cir. 1986) (holding that “a police office has immunity if he arrests with probable cause.”); Cabrera v. … Because Plaintiff’s constitutional rights were not violated, the Court need not reach Defendants’ arguments concerning qualified immunity.