Case law

Opinions from 1658 to today.

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  • Navarette 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.

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  • Wilkins v. Brandman University

    District Court, D. Oregon · Aug 5, 2019

    This was clearly a lack of direction on my AD[‘s] part, which has been placed on the final warning. … member of a protected class; (2) he was qualified for his position and performing satisfactorily; (3) he experienced an adverse employment action, and (4

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  • Trimmier 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.

    Cited 0 timesUnknown
  • Berra 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.

    Cited 0 timesUnknown
  • International Brotherhood of Electrical Workers Local 48 v. Rosendin Electric, Inc.

    District Court, D. Oregon · Jun 12, 2023

    These two paragraphs establish that Plaintiff is alleging that the metal strut racks fall under core drilling or metal fabrication under the CBA. … The court held that “on its face” the letter qualified as a settlement communication. Id.

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  • Van Metre v. Commissioner Social Security Administration

    District Court, D. Oregon · Mar 7, 2023

    Kijakazi, 32 F.4th 785, 792 (9th Cir. 2022) (“The revised social security regulations are clearly irreconcilable with our caselaw according special deference to the opinions of treating and examining physicians on account … First, Plaintiff argues that medical providers’ treatment notes establish that Plaintiff meets all the required elements of Paragraph A.

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  • Garcia v. Jones

    District Court, D. Oregon · Jul 14, 2022

    To have a constitutional right to a benefit a “person clearly must have more than an abstract need or desire and more than a unilateral expectation of it.” Town of Castle Rock, Colo. v. … The fact that a pro se litigant would be better served with the assistance of counsel does not necessarily qualify Plaintiff to be appointed pro bono counsel.

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  • Corvallis Hospitality, LLC v. Wilmington Trust, National Association as Trustee for the Benefit of the Holders of LCCM 2017-LC26 Mortgage Trust Commercial Mortgage Pass-Through Certificates, Series 2017-LC26; Midland Loan Services, Inc.; Beacon Default Management, Inc.; and K-Star Asset Management, LLC

    District Court, D. Oregon · Jun 5, 2026

    The Court recognizes Jenner & Block has a remarkable reputation internationally and that it staffed highly qualified, credentialed, and experienced attorneys on this matter. … Section 2.4.3 clearly states prepayment after default triggers a yield maintenance premium. Furay Decl. Ex. 1, at 10.

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  • Thompson v. Commissioner Social Security Administration

    District Court, D. Oregon · Feb 10, 2025

    treatment, and evidence that his conditions were managed with medication.”). /// First, although the ALJ clearly … 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

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  • Foraker v. USAA Casualty Insurance Company

    District Court, D. Oregon · Apr 20, 2020

    See RESTATEMENT (SECOND) OF CONTRACTS § 352 (“Damages are not recoverable for loss beyond an amount that the evidence permits to be established with reasonable certainty.”). B. … Specifically, Judge Brown found at Phase I: In addition, although it is clearly plausible Ms.

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  • LRY, LLC v. Lake County

    District Court, D. Oregon · Oct 27, 2021

    On November 3, 2010, LRY and the County amended the Lease to extend the term of the Lease through December 31, 2035, in order to qualify for grants from the State of Oregon. … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

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  • Peterson v. Cascadia Senior Living, LLC

    District Court, D. Oregon · Jun 2, 2023

    I suppose I could have handled that better as clearly we both knew it wasn’t fine. However, Helen is supposed to be my leader. … FCL does not dispute the first two elements, or that plaintiff’s termination qualifies as an adverse employment action.

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  • Hood River County School District v. Student

    District Court, D. Oregon · Jul 1, 2021

    The IEP is a written statement, prepared at a meeting of qualified representatives of the local educational agency, the child’s teacher, parent(s), and, where appropriate, the child (the IEP team). … In evaluating remedies, the ALJ concluded that although the District failed to provide Student a FAPE throughout the period at issue, the record did not clearly establish a compensable, or calculable, loss for the violations

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  • Mercado v. Cardinal Employers Organization, Inc.

    District Court, D. Oregon · Feb 2, 2022

    June 30, 2017) (declining to find unconscionable an arbitration agreement in an employment contract, where a plaintiff was “a sophisticated, highly- qualified applicant who was offered an executive-level position as Vice … The court noted that severing those provisions “in the face of well-established legal precedent and arbitration rules rendering them unenforceable … would encourage employers to retain such provisions in order to persuade

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  • Lott v. Vial Fotheringham LLP

    District Court, D. Oregon · Jul 30, 2021

    Time spent by counsel in establishing the right to a fee award is compensable. Davis v. … The Court found 9 instances where the requested hours clearly overlapped between attorneys or covered the same subject matter. The Court eliminated 6.4 hours on this basis.

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  • Hertel v. Commissioner Social Security Administration

    District Court, D. Oregon · Jul 5, 2023

    Jappay’s recommendations qualify as a medical opinion under the regulations, the ALJ did not err because Dr. … Plaintiff’s argument that the specified abilities do not qualify as skills lacks merit. See Renner v.

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  • Owens v. State Farm Fire And Casualty Company

    District Court, D. Oregon · Jun 14, 2023

    The evidence submitted by the defendant established that his attorneys had reasonable hourly rates for Oregon.”). … In response, Bruno Jagelski, a first-party insurance lawyer in Eastern Oregon, declares there are six firms in Eastern Oregon that were qualified to represent the Owens in this case. Jagelski Decl. ¶ 1.

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  • Walker v. Commissioner Social Security Administration

    District Court, D. Oregon · Dec 16, 2020

    The burden of proof to establish a disability rests upon the claimant. Gomez v. … The record clearly supports ALJ Jones’s conclusions with regard to conservative treatment. B.

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  • Nisley v. Rosenblum

    District Court, D. Oregon · May 23, 2022

    appoint some suitable person to fill the vacancy until the next election and qualification of a successor at the next general election,” and that the person the Governor “appoint[s] to fill [the] vacancy in the office must qualify … Paul, 912 F.2d 215, 220 (8th Cir. 1990) (“[T]he advice was a misstatement of law, [which] constitutes nothing more than a misjudgment of law, and clearly cannot be deemed arbitrary, capricious or so unreasonable to be egregious

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  • Wahab v. Wahab

    District Court, D. Oregon · Aug 8, 2023

    Supp. 3d at 909-10 (holding that online statements qualified for protection under Oregon’s anti-SLAPP statute and noting that “accusations of abuse on their own can serve the interest of the public at large” and the sexual … The Ninth Circuit has clearly held that where, as here, a defendant’s anti-SLAPP motion presents purely legal questions and the Rule 12(b)(6) standard applies, a plaintiff is not required to present evidence in defending

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