Case law

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

District Court, D. Oregon · Jan 21, 2020

This may be accomplished if: (1) “a different meaning [is] clearly and deliberately set forth in the intrinsic materials” of the patent; or (2) use of “the ordinary and accustomed meaning of a disputed term would deprive … “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)

Matot v. CH

975 F. Supp. 2d 1191 · District Court, D. Oregon · Sep 26, 2013

It is highly questionable whether the allegedly obscene material (submitted by plaintiff, unsealed, as exhibit 1 to the declaration of counsel (# 16)), qualifies as obscene given contemporary standards. … To establish the predicate act of mail or wire fraud a plaintiff must allege that defendants engaged in (1) a scheme to defraud (2) to get money or property, (3) furthered by the use of interstate mail or wires.

Freedman v. Louisiana-Pacific Corp.

922 F. Supp. 377 · District Court, D. Oregon · Feb 14, 1996

(internal quotations omitted)); In Re Clearly Canadian Sec. … Plaintiffs argue that such evidence is clearly admissible under Fed.R.Evid. 404(b) to show “intent, preparation, plan, or knowledge.”

Technicon Instruments Corp. v. Alpkem Corp.

664 F. Supp. 1558 · District Court, D. Oregon · Sep 11, 1986

Clearly claim one had been conceived as involving a nonwetted system and a sample stream divided only by intersample bubbles. … Shamos and Smythe, from the information in their notebooks, clearly had an embodiment that performed.

Abed v. Astrue

737 F. Supp. 2d 1239 · District Court, D. Oregon · Aug 24, 2010

The Commissioner has established a five-step sequential process for determining whether a person is disabled. Bowen v. … established by medical evidence.”

Klamath Tribes v. United States Bureau of Reclamation

District Court, D. Oregon · Feb 7, 2024

To establish redressability, a plaintiff must show that the relief sought is both (1) substantially likely to redress the claimed injury, and (2) within the court’s power to award. Juliana v. … The Incidental Take Statement functions as a safe harbor provision immunizing persons from Section 9 liability.

Thompson v. Dennis Widmer Construction, Inc.

District Court, D. Oregon · Nov 10, 2021

“The party asserting the work product doctrine bears the burden of establishing, for each document, the rule’s application.” … To the extent that DWC and CBIC had a common interest in the Thompson litigation, it was clearly circumscribed.

Matthews v. Legacy Health

District Court, D. Oregon · Aug 26, 2024

However, Plaintiff’s religious discrimination claims—as plead in the original Complaint—are clearly grounded on a failure to accommodate theory of recovery. See e.g. … ; (2) he was qualified for his position; (3) he experienced an adverse employment action; and (4) similarly situated individuals outside his protected class were treated more favorably, or other circumstances surrounding

Kay v. Plaid Pantry, Inc.

District Court, D. Oregon · Feb 27, 2025

Violations of data privacy statutes may result in tangible or intangible harms that qualify as concrete injuries under Article III. … Although the Court rejects this argument, it was not clearly foreclosed by the law, and Defendants’ arguments were not frivolous. See Lott, 492 F.3d at 794.

Humane Society of the United States v. Gutierrez

625 F. Supp. 2d 1052 · District Court, D. Oregon · Nov 25, 2008

Because section 120 clearly and unambiguously communicates Congressional intent, I do not evaluate the legislative history. … Instead, in their effort to establish standing, plaintiffs suggest that some of its members, including Ms.

League of Wilderness Defenders/Blue Mountains Biodiversity Project v. United States Forest Service

883 F. Supp. 2d 979 · District Court, D. Oregon · Aug 10, 2012

Here, the phrase “to the greatest extent practicable” qualifies a reference to pre-project planning, best available technology, management practices, and scientific knowledge— all of which are tools, not mandates. … This proposal is not clearly differentiated, however, from what the Forest Service did consider.

Carter v. United States Department of Commerce

186 F. Supp. 2d 1147 · District Court, D. Oregon · Nov 20, 2001

To qualify for exemption 5 under the “deliberative process” privilege, a document must be both predecisional and deliberative. Assembly II, 968 F.2d at 920. … The adjusted data at issue in this case are clearly not suggestions, recommendations, or advice; they are not subjective or personal, and they do not reflect “agency give-and-take” by which a decision was made.

Twine

District Court, D. Oregon · Dec 8, 2025

Benecke, 379 F.3d at 595 (“The ALJ’s determination that [the claimant] retains functional capacity to perform sedentary or light work was in error; because the record, including the limited [VE] testimony, clearly establishes … (quoting Benecke, 379 F.3d at 595)); Garrison, 759 F.3d at 1021 (rejecting argument that “allowing the ALJ to have a mulligan qualifies as a remand for a ‘useful purpose’”).

Malbco Holdings, LLC v. Amco Insurance

629 F. Supp. 2d 1185 · District Court, D. Oregon · Apr 29, 2009

According to Malbco, this additional occupancy requirement means that something less than completely falling to the ground qualifies as collapse. Otherwise, the occupancy requirement is rendered superfluous. … Clearly one cannot occupy a building if it has completely fallen down or caved in. However, the same may be true for a building which has partially fallen down or caved in.

Garza v. City of Salem

District Court, D. Oregon · Feb 22, 2024

The Court granted summary judgment to Defendant Baker on the federal false arrest claim based on qualified immunity, and the other three claims proceeded to trial. Trial was held from November 7-9, 2023. … Punitive Damages on Excessive Force Claim A new trial may be granted if “an award of damages is grossly excessive or monstrous, clearly not supported by the evidence, or only based on speculation or

Slater v. Commissioner Social Security Administration

District Court, D. Oregon · Mar 24, 2021

The claimant bears the burden of establishing a prima facie case of disability under the Listings. … “An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Id.

Castaneda

District Court, D. Oregon · Jan 29, 2026

Because the rights at issue belonged to Soranno, not the corporation, “Soranno clearly has standing to contest the deprivation of those rights.” Id. at 1319. … I cannot recall a single time in my career when I observed a Planning Commission reject a qualified City Planner’s recommendation and essentially do the opposite.

Arnett v. Bank of America

874 F. Supp. 2d 1021 · District Court, D. Oregon · Jul 11, 2012

To state a claim for breach of fiduciary duty, the Arnetts must first establish that BOA owed them a fiduciary duty. Bennett v. Farmers Ins. … The Arnetts' Complaint fails to state this clearly. In fact, the Complaint does not contain any allegations that identify the alleged debt. This failure alone could warrant dismissing the Arnetts' claim.

Al Haramain Islamic Foundation, Inc. v. United States Department of the Treasury

585 F. Supp. 2d 1233 · District Court, D. Oregon · Nov 6, 2008

He explained to ()PAC later that he was traveling to the United States anyway to establish an Islamic website, www.islamtoday. net. … Finally, the designation decision and press release were too late to qualify as notice prior to the deprivation.

A.F. v. Providence Health Plan

300 F.R.D. 474 · District Court, D. Oregon · Dec 24, 2013

Plaintiffs argue that a class of 259 members clearly meets the nu-merosity requirement. Providence responds by arguing that a significant portion of the proposed class has not yet suffered an actual injury. … , no conflict exists that would defeat the adequacy of representation. 5 Moreover, Plaintiffs have presented sufficient evidence to demonstrate that Plaintiffs’ counsel, both as individual lawyers and as a law firm, are qualified