Case law

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

Gilman v. Intel Corporation

District Court, D. Oregon · Mar 27, 2020

App. 4th 292, 329 (2006) (“The analysis that followed [in Robinson] suggested that fraud itself is immune from application of the economic loss rule because fraud is particularly blameworthy and therefore unlike both contract … Material omissions may qualify as intentional conduct and support a fraud claim that is separate from a contractual duty and involves different or additional harm. See, e.g., Dairy v.

Board of Trustees of the Western States Office and Professional Employees Pension Fund v. International Brotherhood of Electrical Workers Local 483

District Court, D. Oregon · Dec 11, 2020

The Fund is a multiemployer pension fund maintained and administered to provide retirement benefits to qualified labor employees. ECF 1 at ¶ 4. It is established and maintained pursuant to ERISA. Id. … First, unlike a surcharge, a rehabilitation contribution rate is clearly a “rate” capable of inclusion within the withdrawal liability calculation.

State of Oregon v. Trump

District Court, D. Oregon · Aug 7, 2019

The party invoking federal jurisdiction bears the burden of establishing both requirements. Lujan, 504 U.S. at 561. II. … See, e.g., id. §§ 10171- 10191 (establishing “discretionary grant[]” programs for the Bureau of Justice Assistance); id. §§ 10381-10389 (establishing a competitive grant program for community policing funds).

Gabbert v. Josephine County

District Court, D. Oregon · Dec 27, 2024

There are no “factual questions not clearly resolved in the pleadings” and the factual and legal issues are “sufficiently clear.” Id. … Defendants argue that the Oregon Tort Claims Act (“OTCA”) applies to Plaintiffs’ state- law takings claims, and that dismissal is required under the OTCA for three reasons: (1) Defendants are entitled to apparent authority immunity

Lynch v. Multnomah County

District Court, D. Oregon · Dec 27, 2024

There are no “factual questions not clearly resolved in the pleadings” and the factual and legal issues are “sufficiently clear.” Id. … Defendants argue that the Oregon Tort Claims Act (“OTCA”) applies to Plaintiffs’ state- law takings claims, and that dismissal is required under the OTCA for three reasons: (1) Defendants are entitled to apparent authority immunity

Cortes-Diaz v. DL Reforestation, Inc.

District Court, D. Oregon · Mar 21, 2022

This form of travel is clearly ordinary home-to-work travel or commute and therefore is not compensable under Oregon wage and hour law, nor is it compensable under the PTPA. … Here, a causal connection is established indirectly by temporal proximity.

Canning v. Washington County

District Court, D. Oregon · Apr 4, 2025

There are mitigating factors because you intended to bring the bowl back and we've established that, so, well well [sic] aware of that. … Defendant does not provide any evidence to clearly demonstrate that plaintiff did not work these asserted hours.

Oregon Natural Desert Ass'n v. Bureau of Land Management

District Court, D. Oregon · Dec 7, 2022

In this map, BLM has clearly charted the distinction between areas available and unavailable for livestock grazing. Id. … Although further NEPA analysis may occur before constructing fences that do not qualify for a categorical exclusion, 40 C.F.R. § 1501.4, no additional NEPA assessment is required to make portions of the 13 remaining key

HRSA-ILA Funds v. Adidas AG

District Court, D. Oregon · Aug 16, 2024

Here, Adidas did not suggest that anything was “unfounded” or an “if,” and its disclosures clearly discussed mitigating an extant risk, even if at a high level of generality. … See zero-tolerance policy, Black’s Law Dictionary (11th ed. 2019) (“An established plan or method of action stating that certain acts will not be permitted or condoned.”).

Osier v. Commissioner Social Security Administration

District Court, D. Oregon · Jul 8, 2020

At step five, the Commissioner must establish that the claimant can perform other work. Yuckert, 482 U.S. at 141–42; 20 C.F.R. §§ 404.1520(e) & (f), 416.920(e) & (f). … Causeya completed this functional capacity assessment, the ALJ also clearly erred in concluding that “Dr. Causeya did not offer a function-by-function analysis of the claimant’s maximum functional capacity.”

Sams v. Commissioner Social Security Administration

District Court, D. Oregon · Dec 22, 2022

The treatment record cited by the ALJ states that plaintiff informed his therapist that he was a reliable and a hard worker and that plaintiff qualified his statement by adding “when I can function.” (Tr. 368.) … Heydenrych’s opinion are credited-as- true, they establish that plaintiff is disabled because the vocational expert testified that someone who misses more than two days of work per month is unable to sustain competitive

Martell v. General Motors LLC

District Court, D. Oregon · May 7, 2021

Oregon Unlawful Trade Practices Act GM argues that Plaintiff’s UTPA claim does not satisfy Rule 9(b)’s specificity requirements and that Plaintiff does not allege facts establishing GM … Several clauses throughout the warranty addressing specific components of the vehicle or specific vehicle types clearly state that only defects caused by materials or workmanship are covered.

Hickey v. Commissioner Social Security Administration

District Court, D. Oregon · Mar 22, 2022

Here, in contrast, the medical evidence establishes, as the ALJ accepted, that Brink does have difficulties with concentration, persistence, or pace. … The ALJ explained clearly where she was departing from Dr. Buskirk’s and Dr. South’s opinions and what medical record evidence prompted her to do so.

Gaston v. Commissioner Social Security Administration

District Court, D. Oregon · Jan 10, 2020

A witness explained that: The doctor that last qualified [Plaintiff] for adult foster care is now unable to explain why he did that. … A physical or mental impairment must be established by medical evidence of signs, symptoms, and laboratory findings,” not just reported symptoms. 20 C.F.R §§ 404.1521, 416.921.

D.B. v. G6 Hospitality LLC

District Court, D. Oregon · Feb 1, 2023

Therefore, as G6 Defendants do not qualify as possessors under Oregon law, they did not owe Plaintiff a heightened duty of care based on a special relationship. See Bagley, 356 Or. at 563. b. … Therefore, construed as a whole, Plaintiff’s complaint provides sufficient allegations regarding her negligence claim clearly directed towards G6 Defendants.

Whalen v. Commissioner Social Security Administration

District Court, D. Oregon · Mar 30, 2022

Applicable Law The Ninth Circuit has “established a two-step analysis for determining the extent to which a claimant’s symptom testimony must be credited[.]” … explaining that “[a]n ALJ is not required to discuss evidence that is not significant or probative, and evidence relating to [the claimant’s] symptoms and limitations outside the alleged period of disability does not qualify

Norman v. Commissioner Social Security Administration

District Court, D. Oregon · Jan 20, 2022

See AR 25–28; see Lewis, 236 F.3d at 512 (explaining that when rejecting lay witness testimony, the ALJ need give only arguably germane reasons and need not clearly link his determination to those reasons). … The claimant bears the burden of establishing that she has a severe impairment at step two by providing medical evidence. 20 C.F.R. §§ 404.1512; 416.912.

Jones v. Commissioner Social Security Administration

District Court, D. Oregon · Feb 10, 2023

Because the ALJ found no impairment qualifying Plaintiff as disabled, the ALJ assessed Plaintiff’s RFC before moving to step four of the sequential analysis. AR 19-23. … The treatment records establish that Plaintiff attended counseling in part to strengthen her ability to develop healthy reciprocal relationships.

Frink v. Commissioner Social Security Administration

District Court, D. Oregon · Mar 24, 2021

qualified to make psychological diagnoses has assessed the claimant.” Tr. 16. … However, it is well-established that “[a] decision of the ALJ will not be reversed for errors that are harmless.” Burch v. Barnhart, 400 F.3d 676, 679 (9th Cir. 2005).