Case law

Perez v. Oak Grove Cinemas, Inc.

68 F. Supp. 3d 1234 · District Court, D. Oregon · Dec 17, 2014

As explained herein, Plaintiff established that all Defendants violated the FLSA’s overtime and record-keeping provisions and further established that David Emami violated the anti-retaliation provision. … The nature of Barrington Venture’s business was not clearly established at trial although it appears to also manage properties. David Emami has a master’s degree in applied economics from Portland State University.

Rodriguez v. Cain

District Court, D. Oregon · May 17, 2022

Although Kautz’s response differs from Rodriguez’s characterization of the incident, these disputed facts are immaterial to the two issues—exhaustion and qualified immunity—raised in defendants’ summary judgment motion … The moving party has the burden of establishing the absence of a genuine issue of Page 7 – OPINION AND ORDER material fact. Celotex Corp. v.

Levey v. Commissioner of Social Security

District Court, D. Oregon · Mar 17, 2020

The regulations, however, clearly state that the ALJ must consider nonmedical “other source” opinions. 20 C.F.R. § 404.1529(c)(3). … Tr. 17-18 (finding Plaintiff’s unsuccessful attempt to return to work part time for five months in 2016 qualified as substantial gainful employment).

Index Newspapers LLC v. City of Portland

District Court, D. Oregon · Aug 20, 2020

As further explained by the Ninth Circuit in Collins: It has been clearly established since time immemorial that city streets and sidewalks are public fora. … Conley and another photographer, both clearly identifiable as press, after shining a bright light on them to identify them, and when the person nearest to them was a clearly identified medic standing behind a shield several

Gardner v. United States Bureau of Land Management

633 F. Supp. 2d 1212 · District Court, D. Oregon · Jun 15, 2009

Such action by the court would violate clearly established law. See, e.g., Clark, 756 F.2d at 690-92 (Secretary’s not Sierra Club’s interpretation of the phrase “no considerable adverse *1227 effects” controlled). … Finally, “ ‘[w]hen specialists express conflicting views, an agency must have discretion to rely on the reasonable opinions of its own qualified experts even if, as an original matter, a court might find contrary views more

Planned Parenthood of the Columbia/Willamette, Inc. v. American Coalition of Life Activists

23 F. Supp. 2d 1182 · District Court, D. Oregon · Oct 14, 1998

Moreover, Roy established that the appropriate test for insuring proof of the requisite intent was an objective, speaker-based test. … Accordingly, I decline to depart from established Ninth Circuit law and create a test unique to this.ease. 15 B.

Helbling v. Commissioner Social Security Administration

District Court, D. Oregon · Aug 30, 2023

established by medical evidence.’” … The Ninth Circuit has held that to the extent nurse practitioners “work[] closely with” or are “under the supervision of [a doctor]” their opinions qualify as from an “acceptable medical source.” Taylor v.

McGuire v. Commissioner Social Security Administration

District Court, D. Oregon · Feb 5, 2021

An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Sullivan, 493 U.S. at 530 (emphasis in original). … Multiple medical records showed Plaintiff had intact cognition and memory, concentrated, demonstrated normal thought processes, acted alert, spoke clearly, and acted cooperatively.

Minnix

District Court, D. Oregon · Oct 25, 2025

And whether Plaintiff, or for that matter this Court, thinks the most recent revision could be written more clearly is not grounds for issuance of a TRO. … The deprivation of a constitutional right is sufficient to establish irreparable injury. Melendres v. Arpaio, 695 F.3d 990, 1002 (9th Cir. 2012) (citing Elrod v. Burns, 427 U.S. 347, 373 (1976)).

Foundation of Human Understanding v. Talk Radio Network, Inc.

District Court, D. Oregon · Dec 23, 2022

The Court concludes that FHU has established continuous use of the property. 5. … Hostility may also be established by “claim of right or with color of title.” ORS 105.620(2)(a).

Linton-Helms v. State of Oregon

District Court, D. Oregon · Mar 1, 2021

Miller declares that Simcoe “indicated that she wished to accept the offer” but had questions about whether a furlough would be possible and whether she would qualify for Alternative Incarceration Programs. … Evid 404(b) which bars the use of prior crimes, wrongs, or other acts to establish that a person acted in accordance with his character on a particular occasion.

Eagle Star Rock Products LLC v. PCC Structurals, Inc.

District Court, D. Oregon · Nov 11, 2024

The parties do not dispute whether PCB-contaminated fill materials qualify as a “solid or hazardous waste.” … As discussed in more detail below, these investigation and monitoring costs may qualify as “necessary” costs recoverable under CERCLA.

Columbia Sportswear Company v. Ferreira

District Court, D. Oregon · Sep 12, 2023

“Rule 408 is designed to ensure that parties may make offers during settlement negotiations without fear that those same offers will be used to establish liability should settlement efforts fail.” Rhoades v. … The court held that “on its face” the letter qualified as a settlement communication. Id.

J.N. v. Oregon Department of Education

District Court, D. Oregon · Sep 1, 2020

. § 1400 et seq., establishes a comprehensive regulatory framework to meet the educational needs of children with disabilities. … Dist., 556 F.3d 900, 909 (9th Cir. 2009) (“Procedural inadequacies that result in the loss of educational opportunity . . . clearly result in the denial of a FAPE[]” under the IDEA); N. B. v.

Rosenblum v. John Does 1-10

District Court, D. Oregon · Jul 24, 2020

The category of interests that qualify as “quasi-sovereign” is relatively broad. … In both instances of a federal seizure it is either admitted or clearly visible that the agents’ uniforms say “Police.”

Tate v. Freedom Mortgage Corporation

District Court, D. Oregon · Nov 17, 2023

An inquiry must take the form of a “qualified written request,” or “QWR.” … A Rule 12(f) motion to strike “is disfavored and should only be granted if the asserted defense is clearly insufficient as a matter of law under any set of facts the defendant might allege.” Est.

Cramer

District Court, D. Oregon · Apr 10, 2026

Plaintiff does not cite Paragraph 75, but that paragraph makes the Court’s point on this issue clearly. … The elements of a prima facie disparate treatment claim are, “(1) [plaintiff] is a member of a protected class; (2) [plaintiff] was qualified for [the] position; (3) [plaintiff] experienced an adverse employment action;

Grammer v. Commissioner Social Security Administration

District Court, D. Oregon · Dec 5, 2023

It is unlikely that this question alone qualifies as a challenge to the VE’s numbers. … Therefore, Plaintiff provides no basis to conclude the alternative job numbers qualify as significant probative evidence that the ALJ must address. See Tobeler v.

DePaul Industries v. City of Eugene

District Court, D. Oregon · Aug 27, 2020

As such, they meet the statutory definition of a Qualified Rehabilitation Facility (“QRF”). See ORS § 279.835(6). … To prevail on a procedural due process claim, Plaintiff must establish: “(1) a liberty or property interest protected by the Constitution; (2) a deprivation of the interest by the government; [and] (3) lack of process.”

Cline v. PeaceHealth

District Court, D. Oregon · Jan 24, 2025

Defendant established a committee to review religious exemption requests and began processing such requests. Le Decl. ¶ 18. … Defendant then established a committee to review religious exemption requests and began processing such requests. Le Decl. ¶ 18.