Case law

Ross Dress For Less, Inc. v. Makarios-Oregon, LLC

District Court, D. Oregon · Jan 8, 2021

In that case, the court stated that “Plaintiff has the burden to establish by a preponderance of the evidence that the fair market value of the property in the condition which the defendant had covenanted to restore it … As discussed previously, this decision might have been otherwise had Ross presented persuasive evidence, probably in the form of two appraisals from qualified experts, comparing the fair market value of the Richmond Building

Silver Ridge Homeowners' Association, Inc. v. State Farm Fire And Casualty Company

District Court, D. Oregon · Mar 15, 2022

Defendant argues that these terms clearly convey to an ordinary person that water damage, including wind-driven rain, is excluded from coverage. 9 Defendant has challenged the overall credibility of Costa’s … Using that definition, the water damage to the building here does not qualify as a “specified cause of loss” under this exception to the Wear and Tear Exclusion because a roof is plainly not a “system or appliance

Maier v. Commissioner Social Security Administration

District Court, D. Oregon · May 2, 2024

In 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). … She wrote that Plaintiff’s primary symptoms were “fatigue after activities, trouble with thinking clearly, word finding, light headedness, tachycardia, recurrent fevers.” Tr. 1052. Dr.

Mass Engineered Design, Inc. v. Planar Systems, Inc.

District Court, D. Oregon · Nov 8, 2019

Qualifying “wrap around” with “tends to” shows that the support arms (and the monitors attached to them) do not literally wrap around the user (which would not be very conducive to use). … That, however, is not the function of the support means, as agreed to by the parties, established in the claims, and instructed by the Court.

Rasmussen v. Garret

District Court, D. Oregon · Sep 27, 2020

It also could be that you don’t qualify for the inpatient bed for whatever reason, at which point I would want you to immediately get into an intensive outpatient treatment program, and provide … Although the trial court’s findings could have been articulated more clearly, the record reflects the presiding judge based her bail determinations on the proper criteria, and her determinations are entitled to deference

Bliss v. Adewusi

District Court, D. Oregon · Oct 20, 2023

And claims alleging the maintenance of a discriminatory system qualify only when they are class-wide pattern-or-practice claims. Id. … These allegations establish the first two elements for the Defendants who are government actors.