Case law

Maney v. Brown

District Court, D. Oregon · Jun 1, 2020

Currently there is no vaccine or cure for the virus, and no one is immune. (Stern Decl. ¶ 7.) For now, the only way to control the spread of the virus is through preventative strategies, such as social distancing. … A plaintiff requesting a “mandatory injunction” must “establish that the law and facts clearly favor her position, not simply that she is likely to succeed.” Id.

Pharmaceutical Research and Manufacturers of America v. Stolfi

District Court, D. Oregon · Mar 19, 2024

For each claim, PhRMA needs to establish standing. See Friends of the Earth, Inc. v. Laidlaw Env’t Servs. … But this record does not establish anything like the extraterritorial impact at issue in NCAA v.

In re Nike Inc. Securities Litigation

District Court, D. Oregon · Oct 25, 2024

Finally, the Meitav Group argues that the substance of Deka's reply is still insufficient to establish that the prudential exception applies. … However, Gross is clearly distinguishable from the instant case.

Turkoly v. Lincoln National Life Insurance Company

District Court, D. Oregon · Sep 20, 2023

Turkoly was diagnosed by various practitioners with Lyme disease, chronic fatigue syndrome (CFS), fibromyalgia, immune dysfunction syndrome, cognitive impairment, insomnia, photophobia, and headaches, among others. … He also acknowledged that there “are no established laboratory or other diagnostic tests which support either of these diagnoses.” He stated Turkoly met the subjective criteria.

Canales-Robles v. Peters

District Court, D. Oregon · Jun 15, 2020

Accordingly, Lopez-Cervantes did not qualify for the escape clause. (Van Meter Decl. Ex. 102 at 7.) … Despite the general language of “proper and just” PAGE 17 - OPINION AND ORDER relief, the type of relief sought by Plaintiffs in this action is clearly inconsistent with those

Mounce v. Vitt

District Court, D. Oregon · Jan 4, 2024

Because the Court finds that Defendants are entitled to summary judgment on this basis, it does not address Defendants’ alternative arguments relating to evidence of deliberate indifference and the existence of qualified … immunity.

Roberts v. Springfield Utility Board

District Court, D. Oregon · Dec 2, 2021

Cam Hanes was and is not qualified for the position, and did not possess the qualifications of the job. SUB changed the requirements of the qualifications needed just to get him promoted. … to establish a claim under ORS 654.062(5)(a).”

Cole

District Court, D. Oregon · Jun 15, 2026

“An impairment that manifests only some of those criteria, no matter how severely, does not qualify.” Id. Further, a determination of medical equivalence must rest on objective medical evidence. Lewis v. … Here, the ALJ determined “the evidence [did] not establish all requirements of the paragraph C criteria.” Tr. 18-19.

Pearson

District Court, D. Oregon · Dec 19, 2025

The Port also moves to dismiss Plaintiffs’ state law tort claims on immunity grounds, arguing that Plaintiffs have failed to comply with the Oregon Tort Claims Act (“OTCA”). … Because a material must be “discarded” to qualify as solid waste, see id. at 1041, a material might not qualify as a solid waste when it is handled by a re-using consumer but later meet the definition of “solid waste”

Wagner v. Commissioner, Social Security Administration

District Court, D. Oregon · Jan 18, 2022

Nov. 10, 2020) (unpublished opinion) (finding that the new regulations do not clearly supersede the “specific and legitimate” standard because the “specific and legitimate” standard refers not to … Plaintiff, however, repeatedly qualified her ability to complete those tasks with her persistent pain.

Wyatt B. v. Kotek

District Court, D. Oregon · Aug 17, 2022

Clearly, this is not the law.” Id. … An expert “must be qualified in the field they will testify about” and “expert in one field is not qualified to provide opinions about a different field.” Jack v. Borg-Warner Morse TEC LLC, CASE NO.

Hunter

District Court, D. Oregon · May 31, 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, 325 (1986). … If the employer establishes undue hardship, the analysis is done and summary judgment should be granted. Peterson, 358 F.3d at 608.

Navarrete

District Court, D. Oregon · May 31, 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, 325 (1986). … If the employer establishes undue hardship, the analysis is done and summary judgment should be granted. See Peterson, 358 F.3d at 608.

Berra

District Court, D. Oregon · May 31, 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, 325 (1986). … If the employer establishes undue hardship, the analysis is done and summary judgment should be granted. Peterson, 358 F.3d at 608.

Trimmier

District Court, D. Oregon · May 31, 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, 325 (1986). … If the employer establishes undue hardship, the analysis is done and summary judgment should be granted. See Peterson, 358 F.3d at 608.

Kardell v. Lane County

District Court, D. Oregon · Jul 25, 2019

Because Kardell was incapable of clearly communicating his insights, the Court, HR, and Gardner are left somewhat in the dark here. … A 2.52% prejudgment rate does not qualify as a “windfall” for Kardell.

Koehnke v. Unum Life Insurance Company of America

District Court, D. Oregon · Sep 19, 2025

She argues that she cannot perform the material and substantial duties of her job, or any job for which she is qualified. Plf. Br. at 4. … The review is limited to the evidence before the plan administrator except “when circumstances clearly establish that additional evidence is necessary to conduct an adequate de novo review.” Mongeluzo v.

Carter v. Coquille School District 8

District Court, D. Oregon · Oct 31, 2022

To establish a prima facie case of gender discrimination, a plaintiff must show that “(1) he belongs to a protected class; (2) he was qualified for the position; (3) he was subject to an adverse employment action; and ( … Indeed, the school board’s discussions during its executive session clearly demonstrate that it was not basing its decision to terminate Plaintiff solely on her failure to make mandatory reports.

Tucker v. Commissioner Social Security Administration

District Court, D. Oregon · Mar 22, 2023

The ALJ may pose detailed hypothetical questions to the VE to establish what jobs, if any, the claimant can do. Garrison v. … While the Ninth Circuit has not established a minimum number of jobs that qualifies as “significant” in the national economy, there is a reasonable probability that the ALJ would have decided the fifth step differently

Hunter v. FedEx

District Court, D. Oregon · Nov 9, 2023

To establish a prima facie case for gender discrimination, a plaintiff must show: (1) he or she belongs to a protected class; (2) he or she qualified for his or her position or was performing according to his … She states that FedEx’s purported legitimate discriminatory reason for terminating her employment was “simply a guise to cover for what is clearly age discrimination.” ECF 22 at 13.