Case law

American Fuel & Petrochemical Manufacturers v. O'Keeffe

134 F. Supp. 3d 1270 · District Court, D. Oregon · Sep 23, 2015

The party seeking to invoke the subject-matter jurisdiction of the court bears the burden of establishing that such jurisdiction exists. Stock W., Inc. v. … Judgment on the pleadings is proper where “the moving party clearly establishes on the face of the pleadings that no material issue of fact remains to be resolved and that it is entitled to judgment as a matter of law.”

Hanson v. State of Oregon, Legislative Assembly

District Court, D. Oregon · Jan 3, 2023

To establish a prima facie case of disability discrimination, Hanson must show “(1) that she is disabled within the meaning of the ADA; (2) that she is a qualified individual with a disability; and (3) that she was discriminated … To establish a prima facie case for failure to accommodate under the ADA, Hanson must show that (1) she is a qualified individual, (2) the Legislature received adequate notice of her desire for a reasonable accommodation

Equine Legal Solutions, PC v. This Old Horse, Inc.

District Court, D. Oregon · Jul 5, 2022

This fact of agency, however, is not preclusive of Turner’s individual liability under the copyright law because directors and officers of corporations do not enjoy immunity from tort liability. … Gold Hill Canal Co., 72 Or. 353, 358 (1914) (“[A]lthough directors are not liable for negligent torts of subordinate agents in which they have not participated, they are clearly liable ex delicto for any tort in which they

Lee v. Commissioner Social Security Administration

District Court, D. Oregon · Aug 23, 2019

A field officer conducted an investigation regarding whether the agreement between plaintiff and his mother qualified as a bona fide loan. … Despite the uncontroverted statements in these affidavits, the ALJ concluded that the affidavits “clearly suggest a conditional obligation to repay.” Tr. 15.

Lopez-Florez v. Douglas County

District Court, D. Oregon · May 30, 2020

1), DHS can “enter into a written agreement with a State, or any political subdivision of a State, pursuant to which an officer or employee of the State or subdivision, who is determined by the Attorney General to be qualified … However, as was clearly stated in Ramirez, the collective knowledge doctrine applies to cases of criminal investigation. Here, the case involves a civil immigration violation.

Benaron v. Simic

District Court, D. Oregon · Sep 29, 2021

process and asking questions he clearly already knows [the answers to,] but wants me to divulge. I took the call on the recorded line - so you may want to play it back for details. . . . … The facts of this case are more similar to those in Deaton and H.L.B., and on this record the Court concludes that Plaintiff has not established that Defendant engaged in two or more qualifying contacts within the meaning

Stevens v. Jacquez

District Court, D. Oregon · Jun 25, 2024

Supp. 3d 213, 218 (D.N.H. 2023) (finding that “the plain language” of the FSA “clearly establishes the date upon which the FSA must allow prisoners to start earning FSA time credits” and that the “regulation’s definition … Supp. 3d at 217-18 (explaining that FSA “provisions make it clear that prisoners ‘shall’ earn time credits, at the statutory rate, for all qualified programs in which they successfully participate, except for the

Rose v. State of Oregon

District Court, D. Oregon · May 10, 2024

Apr. 1, 2009) (citing out-of-circuit cases that “clearly establish a prisoner’s recognized right to prompt medical care when displaying symptoms of cardiac arrest”). … In particular, Defendants assert, Plaintiff lacks “a qualified expert” who can “address . . . whether Mr.

Ash v. City of Portland

District Court, D. Oregon · Nov 14, 2024

within the jurisdiction of the United States the “deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured.” 42 U.S.C. § 1983. … Although it could be argued that, to the extent that they are also voters who play a part in choosing municipal officers, taxpayers are always responsible for municipal policies, such responsibility is clearly too indirect

Amadi v. Conagra Foods, Inc.

881 F. Supp. 2d 1227 · District Court, D. Oregon · Jul 27, 2012

None of these comments qualify as direct evidence. The first two comments are similar to the comments rejected as direct evidence of discriminatory intent in Patterson v. Apple Computer, Inc., 2005 WL 2277005 (N.D.Cal. … In contrast, the third comment relates to Amadi’s employment as it affected his training and clearly is directed at Amadi’s race.

CollegeNET, Inc. v. Common Application, Inc.

355 F. Supp. 3d 926 · District Court, D. Oregon · Nov 28, 2018

U.S. , 370 U.S. 294 , 325, 82 S.Ct. 1502 , 8 L.Ed.2d 510 (1962) ; see also Thurman Indus. , 875 F.2d at 1374 ("[A] product market is typically defined to include the pool of goods or services that qualify as economic substitutes … "[A] market share of less than 50 percent is presumptively insufficient to establish market power." Rebel Oil , 51 F.3d at 1438 .

Horseman

District Court, D. Oregon · Feb 9, 2026

And so I don’t think under the definition it qualifies there. … It does qualify as Sex Abuse in the Third Degree, but I don’t think it qualifies as Using a Child in a Display of Sexual Conduct.

Bielenberg v. ODS Health Plan, Inc.

744 F. Supp. 2d 1130 · District Court, D. Oregon · Oct 12, 2010

care of the renal disease; d. in faffing to treat said disease; [and] e. in failing to care for and treat [Bielenberg] in accordance with the standard of care and skill required of and ordinarily exercised by the average qualified … Therefore, as the claims administrator, ODS clearly is a named fiduciary under the Benefit Plan.

Northwest Environmental Defense Center v. Brown

476 F. Supp. 2d 1188 · District Court, D. Oregon · Mar 1, 2007

The State Defendants contend that the logging roads do not qualify as point sources under the reasoning in Forsgren . … Forsgren is clearly controlling here. Some of the cases cited by the parties are not persuasive because they are pre-Fors gren and consider the list of point sources in the exemption to be exhaustive.

Coles Valley Church v. Oregon Land Use Board of Appeals

District Court, D. Oregon · May 14, 2021

Oregon law and county ordinance further allow for primary or accessory dwellings to be established on EFU zoned land. Id.; see also Or. Rev. Stat. (“ORS”) § 215.283(1)(e). … Congress defined the activities that qualify as “land use” as follows: The term “land use regulation” means a zoning or landmarking law, or the application of such a

Martin v. City of Portland

District Court, D. Oregon · Jan 21, 2020

Such pleadings are legally insufficient because they clearly lack merit “under any set of facts the defendant might allege.” Polk v. Legal Recovery Law Offices, 291 F.R.D. 485, 489 (S.D. … “In order to establish municipal liability, a plaintiff must show that a ‘policy or custom’ led to the plaintiff’s injury.” Castro v.

Northwest Environmental Advocates v. United States Environmental Protection Agency

855 F. Supp. 2d 1199 · District Court, D. Oregon · Feb 28, 2012

Under the CWA’s regulations, states should establish narrative criteria “where numerical criteria cannot be established or to supplement narrative criteria.” 40 C.F.R. § 131.11 (b)(2). … The record clearly demonstrates that many of Oregon’s modern waterbodies have undergone dramatic changes and are no longer the rivers they once were.

Jud v. Commissioner Social Security Administration

District Court, D. Oregon · Sep 17, 2024

opinion to establish the existence of an impairment(s).” … Against that backdrop, even though plaintiff clearly interprets the evidence differently, she has not (and cannot) establish error by simply advancing a different interpretation of the medical evidence.

Blackman v. Stutrud

District Court, D. Oregon · Jul 15, 2020

The Respondent countered that these issues are resolved as the PCR trial court decision qualifies for deference from this court. (Resp. to Second Am. … AEDPA instructs federal courts to not grant a writ of habeas corpus unless the adjudication of a claim in state court was (1) “contrary to, or involved an unreasonable application of, clearly established Federal law,

Great Northern Insurance Company v. Crown Pine Timber 4

District Court, D. Oregon · Jan 5, 2021

Based on the terms of the policies, coverage is established only if: (1) Crown Pine qualifies as an “insured”; (2) Crown Pine asserts a duty to defend against a qualifying “suit”; (3) there was “property damage”; (4) the … the duty element of a negligence claim, in the form of standards of care independent of the contract in industry standards, statutes, and regulations, it suffices to note that the allegations clearly support the remaining