Case law

Doe v. Kosicek

District Court, D. Oregon · Jun 27, 2025

And to establish “RICO standing” a plaintiff must show: (1) that his alleged harm qualifies as injury to his business or property; and (2) that his harm was by reason of’ the RICO violation. … A court is immune from suit for its legal decisions. Conover v. Haggerty, No. 04-1087-KI, 2004 WL 1970152, at *1 (D. Or. Sept. 7, 2004).

Multnomah Cnty., an Existing Cnty. Gov'T&a Body Politic & Corporate v. Azar

340 F. Supp. 3d 1046 · District Court, D. Oregon · Aug 30, 2018

Cir. 2003) (holding that a directive in a press release was more than a mere policy statement, and clearly established a substantive rule declaring that third-party human studies were deemed immaterial in EPA regulatory decision … HHS also ignores the qualifier that the programs must be "proven effective by rigorous evaluation."

Chao v. Westside Drywall, Inc.

254 F.R.D. 651 · District Court, D. Oregon · Jan 6, 2009

Brumfield Construction, 2008 WL 1928984 , at *1 (exception to privilege); Dole, 870 F.2d at 373 (qualified privilege). Discussion 1. The Secretary has not properly invoked the privilege. … Clearly, and as the Secretary’s offer implicitly concedes, the cases establish the contrary proposition.

McMellon v. Safeway Stores, Inc.

945 F. Supp. 1402 · District Court, D. Oregon · Nov 13, 1996

O.R.S. 656.018(l)(a) provides, in relevant part: The liability of every employer who satisfies the duty required by ORS 656.017(1) [to maintain workers’ compensation insurance or qualify as a self-insured employer] is exclusive … Oregon, 319 Or. 319, 325 , 877 P.2d 66 (1994) (statute granting immunity to state for injuries to people covered by workers’ compensation does not provide immunity for wrongful discharge).

United States v. Currey

206 F. 322 · District Court, D. Oregon · Jul 28, 1913

By the first count it is charged that the defendant received through the post office establishment a certain letter (setting the same out by copy), and that thereafter the defendant, in response to such letter, “did knowingly … The articles and things are specified in the letter, and the letter very clearly discloses the use for which they are designed and calculated. [2] It is enough that the letter gives information where unmailable articles may

McCoy v. SC Tiger Manor, LLC

District Court, D. Oregon · Nov 4, 2021

And while the Federal judicial officers named here were not named there, any claims against them for any actions taken during Plaintiff’s federal action in Louisiana are clearly barred by absolute judicial immunity. … To establish personal jurisdiction, a plaintiff must show that a defendant had “minimum contacts” with Oregon, such that the exercise of personal jurisdiction “does not offend ‘traditional notions of fair play and substantial

Delima v. Home Depot U.S.A., Inc.

616 F. Supp. 2d 1055 · District Court, D. Oregon · Apr 23, 2008

Defendant contends that plaintiff cannot establish that she was qualified to work in an ASM position. … The record also establishes that plaintiff had not completed the DST training required to qualify for an ASM position, and that plaintiff had not obtained the customer and merchandising experience required to qualify for

Hedum v. Starbucks Corp.

546 F. Supp. 2d 1017 · District Court, D. Oregon · Feb 7, 2008

Hedum has met her burden at this stage of demonstrating she was qualified for her position. Ms. … I disagree, and find that her Complaint clearly links her wrongful discharge claim only to her claims of religious discrimination and retaliation.

Pranger v. Oregon State University

District Court, D. Oregon · Jan 4, 2023

Although OSU is an arm of the state entitled to sovereign immunity, the Court is not foreclosed from granting relief in this case because Defendant has waived sovereign immunity. … court; and (2) Defendant waived sovereign immunity when it removed the case.

Maxwell v. Kelly Services, Inc.

730 F. Supp. 2d 1254 · District Court, D. Oregon · Jul 7, 2010

Qualified for the Position To meet the second prong of the McDonnell Douglas prima facie test, a plaintiff need only establish that she was qualified for the job according to objectively measurable criteria, such as level … Therefore, reading the evidence in the light most favorable to Maxwell, she has met the minimal showing necessary to establish that she was qualified for the Merix position. 2.

Johnson v. Brown

District Court, D. Oregon · Oct 18, 2021

that they qualified for an exemption.”). … As interpreted by the Supreme Court, the Privilege or Immunities Clause of the 14th Amendment secures only a very narrow class of rights, the most well- established of which is the right to travel. Saenz v.

Kay v. Ruby

District Court, D. Oregon · Feb 6, 2023

Defendants move for summary judgment on grounds that plaintiff cannot establish deliberate indifference to his health and, alternatively, that defendants are entitled to qualified immunity. … At most, plaintiff complains of negligence, and it is well established that negligence cannot support a § 1983 claim. Toguchi, 391 F.3d at 1057.

Climate Change Truth, Inc. v. Bailey

District Court, D. Oregon · May 5, 2022

Congress established that when a complaint is filed by a plaintiff proceeding in forma pauperis, “the court shall dismiss the case at any time if the Court determines that” the action is: (1) “frivolous or malicious”; ( … To qualify for judicial immunity, a judge must have performed “judicial acts” within the scope of his or her jurisdiction. Stump, 435 U.S. at 356-57.

Snell v. Vocational Rehabilitation State Unit Personnel Party

District Court, D. Oregon · Aug 5, 2020

Her complaint does not clearly describe a cause of action but states that she is seeking jurisdiction under 29 U.S.C. § 722. Id. at 3. Ms. … In establishing mootness, defendants face a “heavy burden” and must establish that no reasonable likelihood exists that the 4 — OPINION AND ORDER wrong will be repeated. Iron Arrow Honor Soc’y v.

Idearc Media Corp. v. NORTHWEST DIRECTORIES, INC.

623 F. Supp. 2d 1223 · District Court, D. Oregon · May 23, 2008

However, examining the balance of the facts, all of which are undisputed, the court finds that Idearc’s independent contractor Denise Alvarez qualifies as an employee of Ideare under the common law of agency, and that work … It would be absurd and inefficient to require the author of a larger work to individually register every possible smaller component of that work that qualified individually for copyright protection.

Kuhn ex rel. Khun v. McNary Estates Homeowners Ass'n

228 F. Supp. 3d 1142 · District Court, D. Oregon · Jan 12, 2017

The letter goes on to stay that “[tjhere is no disagreement that the Kuhn’s daughter has a disability or that she qualifies for reasonable accommodation under the Fair Housing Act. … Giebeler does, however, clearly establish that the plaintiff in a fair housing case bears the initial burden to show both necessity and reasonableness, and that once that initial burden is met, the burden shifts to the defendant

Gardner v. Brown

District Court, D. Oregon · Mar 18, 2024

To establish an Eighth Amendment violation, a prisoner “must satisfy both the objective and subjective components of a two-part test.” Wilson v. Seiter, 501 U.S. 294, 298- 99 (1991). … The Court DENIES Defendants’ motion to dismiss Gardner’s second subclaim under his Eighth Amendment claim and Gardner’s claim against Peters in her individual capacity, without considering the issue of qualified immunity

Jeffords

District Court, D. Oregon · Mar 5, 2026

On July 14, 2025, Plaintiff filed a supplemental brief and argued that she need not establish that she was a qualified individual to prevail on her ADA retaliation claim, taking a position contrary to her position at the … Now that the jury has found that Plaintiff was not a qualified individual, Plaintiff takes the clearly inconsistent position that she need not show that she was a qualified individual to prevail on her ADA retaliation claim

Lohr

District Court, D. Oregon · Feb 11, 2026

In order to arise under federal law, “[a] right or immunity created by the Constitution or laws of the United States must be an element, and an essential one, of the plaintiff’s cause of action.” … Because this Court clearly lacks subject-matter jurisdiction, this action is REMANDED to state court. Fed. R. Civ.

League of Wilderness Defenders/Blue Mountains Biodiversity Project v. Turner

305 F. Supp. 3d 1156 · District Court, D. Oregon · Mar 30, 2018

They each conclude that no similarly-qualified attorneys were available in Eastern Oregon. … These positions clearly conflict, and the latter is inconsistent with Ninth Circuit precedent.