Case law

Trang v. JPMorgan Chase Bank, N.A.

District Court, D. Oregon · Sep 19, 2023

Because of the “harsh consequences” of this result, a statute of limitations may “cabin a court’s power only if Congress has clearly state[d] as much.” … The Ninth Circuit has held that “[a] plaintiff who makes a claim for injunctive relief in his complaint, but fails to raise the issue in response to a defendant’s motion to dismiss on the grounds of immunity from money

Maney v. Brown

District Court, D. Oregon · Apr 1, 2022

, even if the Court limited its consideration to the twenty-two decedents for whom Plaintiffs received medical records authorization cards by the cutoff date, Plaintiffs submit that twenty-one of those twenty-two AICs qualify … May 12, 2021) (“Appointing a personal representative is clearly administration of the estate” (citing Jones, 55 F. Supp. 2d at 533-34)).

Siskiyou Regional Education Project v. Rose

87 F. Supp. 2d 1074 · District Court, D. Oregon · Dec 13, 1999

A mining claimant cannot bring a successful “takings clause challenge” unless the validity of the claim has been established. See Clouser, 42 F.3d at 1535 fn. 15. … It is not inappropriate for an agency to change the “Purpose and Need” section of a final environmental document to “more clearly articulate” the purpose and need of the project.

Anderson v. Commissioner, Social Security Administration

District Court, D. Oregon · Apr 4, 2022

A diagnosis alone does not establish the severity of an impairment. See Key v. Heckler, 754 F.2d 1545, 1549–50 (9th Cir. 1985). Both Dr. Janzen and Dr. Ahmad qualified their diplopia diagnoses of Plaintiff. Dr. … Id. at 687 (“[A]n ALJ may find that a claimant lacks a medically severe impairment or combination of impairments only when his conclusion is ‘clearly established by medical evidence.’”).

Ni-Q, LLC v. Prolacta Bioscience, Inc.

District Court, D. Oregon · Sep 20, 2019

There is no evidence in the record of an “offer for sale” that qualifies under the standard as articulated by the Federal Circuit. 2. … Prolacta retained no control, required no secrecy obligation, submitted no evidence of actually requesting any testing or data from the product recipient, did not maintain records of testing, clearly commercially exploited

Betschart v. Garrett

District Court, D. Oregon · Nov 2, 2023

The standard for mandatory injunctions is therefore “doubly demanding”: the moving party must “establish that the law and facts clearly favor [their] position, not simply that [they are] likely to succeed.” … unlikely to succeed on their Sixth Amendment claim because they do not clearly demonstrate, on a class-wide basis, an absence of counsel at critical stages.

ICTSI Oregon, Inc. v. International Longshore and Warehouse Union (ILWU) and International and Longshore and Warehouse Union Local 8

District Court, D. Oregon · Mar 5, 2020

He provided no analysis whether all that equipment qualified for 10-year depreciation. … and also is against the clear weight of the evidence, even if it could qualify as an extraordinary expense.

de Borja v. Razon

District Court, D. Oregon · Sep 30, 2020

In its motion to dismiss, ICTSI Oregon cogently set forth why § 1332(a)(2) is clearly inapplicable. ICTSI Oregon’s Mot. Dismiss 13, ECF #31. … As such, this court clearly lacks subject matter jurisdiction under § 1332(a)(2) because the parties are not completely diverse.

Plumlee v. Commissioner Social Security Administration

District Court, D. Oregon · Jun 13, 2022

Here, however, the medical record establishes that Decedent still experienced numbness despite his medical treatment. … An independent review of the record establishes that Decedent’s subjective complaints are amply supported in the record. Dr.

Index Newspapers LLC v. City of Portland

District Court, D. Oregon · Jan 7, 2022

Plaintiffs’ Asserted Ongoing Harm Plaintiff Kat Mahoney is an attorney and unpaid legal observer for the ACLU who wears a clearly identifying vest. … In Press-Enterprise, the Supreme Court established a two-part test for a claim of violation of the right of access.

Pereschica

District Court, D. Oregon · Mar 30, 2026

So construed, the conduct in question does not qualify as commercial speech. … These writings clearly fall within the bounds of ORS 31.150(2)(a).

Miller v. Watson

District Court, D. Oregon · May 23, 2023

Analysis This Court qualifies as a designated court and finds that Miller’s proposed question is one under Oregon law, is a pure question of law, and may be dispositive … May 30, 2019) (“It is well-established that where, as here, a motion to amend is lodged after the deadline for the filing of all pleadings . . . Rule 16 governs.”

Franklin v. Commissioner Social Security Administration

District Court, D. Oregon · Jul 15, 2024

The ALJ further explained that “the medical evidence established that [Plaintiff] was able to function even with her impairments.” (Id. at 137.) … and testimony that she rejected for legally insufficient reasons, our precedent and the objectives of the credit-as-true rule foreclose the argument that a remand for the purpose of allowing the ALJ to have a mulligan qualifies

Humane Society v. Bryson

924 F. Supp. 2d 1228 · District Court, D. Oregon · Feb 15, 2013

Contrary to NMFS’s assertion, this issue was not clearly decided by the Ninth Circuit. … Standing Plaintiffs bear the burden of establishing that they satisfy both constitutional and statutory standing requirements. See *1249 Lujan v.

Friends of the Wild Swan, Inc. v. U.S. Fish & Wildlife Service

12 F. Supp. 2d 1121 · District Court, D. Oregon · Dec 4, 1997

This population has been referred to as a glacial relict, in part because the population consists of low numbers of small resident fish that are believed to have been established *1129 in this system with glacial retreats … Finally, an agency must set forth clearly the grounds on which it acted. Atchi-son T. & S.F. Ry. Co. v. Wichita Bd. of Trade, 412 U.S. 800, 807 , 93 S.Ct. 2367 , 37 L.Ed.2d 350 (1973).

Gonzalez v. Maxon Industries, Inc.

District Court, D. Oregon · Sep 28, 2023

Valencia's background made him particularly qualified to determine the functionality of the solenoid because he had replaced five or six solenoids on other liftgates. Id. ¶¶ 95:5-18. … And if so, that is not clearly stated in the operation manual or existing warnings.

B.N.

District Court, D. Oregon · Nov 12, 2025

These first two pages are clearly public-facing portions of ORM’s website, and queries on those two pages do not constitute PHI. … This does not establish, however, that LinkedIn found out that Plaintiff was seeking IVF treatment through ORM rather than any other source.

Myers

District Court, D. Oregon · Apr 17, 2026

Parham does not establish the sweeping parental liberty interest that plaintiff urges this Court to find here. … This standard is clearly satisfied here.

Allen v. Commissioner Social Security Administration

District Court, D. Oregon · Dec 16, 2020

The ALJ clearly erred in his assessment of the medical evidence, overlooking nearly a dozen reports related to head, neck, and back pain.”). 2. Dr. … Ninth Circuit “precedent and the objectives of the credit-as-true rule foreclose the argument that a remand for the purpose of allowing the ALJ to have a mulligan qualifies as a remand for a ‘useful purpose’ under the first

Hunter v. PeaceHealth

District Court, D. Oregon · May 14, 2025

Sorema N.A., 534 U.S. 506, 511 (2002) for the proposition that “it is not appropriate to require a plaintiff to plead facts establishing a prima facie case because the McDonnell Douglas framework does not apply in every … Defense council again explained that “the complaints clearly only allege failure-to-accommodate claims and that the parties had been operating with that understanding since the inception of the cases.” Def.