Case law

McHenry v. PACIFICSOURCE HEALTH PLANS

679 F. Supp. 2d 1226 · District Court, D. Oregon · Jan 5, 2010

This court has discretion to allow additional evidence not before the plan administrator, but should exercise this discretion “only when circumstances clearly establish that additional evidence is necessary to conduct an … It does not establish that Hoyt fits within that hypothetical.

First Interstate Bank of Oregon, N.A. v. United States Ex Rel. Internal Revenue Service

891 F. Supp. 543 · District Court, D. Oregon · Mar 30, 1995

The record before this court clearly reflects that FIOR faced a real possibility of defending an unwanted lawsuit had it simply remitted the disputed funds to the IRS. … FIOR contends that the IRS regulations interpreting 28 U.S.C. § 6332 (e) reveal that the statutory grant of immunity is conditional, not absolute.

Bondick v. Homes for Good Housing Agency

District Court, D. Oregon · Jun 14, 2022

The Court observed that the original Complaint did not clearly establish federal jurisdiction, either through diversity or federal question jurisdiction. Order, at 4. … To the extent that Plaintiff is alleging First Amendment retaliation, he has failed to plead facts in support of that claim, or even to clearly establish the basic facts of his case.

Cain v. BOVIS LEND LEASE, INC.

817 F. Supp. 2d 1251 · District Court, D. Oregon · Sep 13, 2011

Similarly, § 654.010 clearly applies only to employers. The defendants assert that none of them qualifies as an “employer” for purposes of these statutes. … Clearly, Cain was working temporarily in the area. *1271 Cain qualifies as “an employee” under the OSEA, even though he was not the hospital’s employee. See O.R.S. § 654.005(4)(a) (defining “Employee”).

Sanford v. Elder

District Court, D. Oregon · Jan 30, 2025

Plaintiff should briefly and clearly explain who the defendants are, including an address at which the defendant can be served. … “To establish a claim for defamation, a plaintiff must show that a defendant made a defamatory statement about the plaintiff and published the statement to a third party.” Wallulis v.

Oregon Ex Rel. Department of Transportation v. Heavy Vehicle Electronic License Plate, Inc.

198 F. Supp. 2d 1202 · District Court, D. Oregon · Apr 19, 2002

The court declines to extend an order immunizing plaintiffs from suit on any and all tort theories. … Because of the “pervasive entwinement” of public school officials — clearly state actors in their own right — in the structure of the organization, and the fact that the organization had historically regulated state high

Gillis v. Chapman

District Court, D. Oregon · Mar 31, 2022

Hearsay is admissible only if it qualifies as an exception to the general hearsay rule. … or qualified immunity, but the Court notes that the State Defendants have not asserted either of those defenses in their motion for summary judgment.

King Ex Rel. King v. Aventis Pasteur, Inc.

210 F. Supp. 2d 1201 · District Court, D. Oregon · Jun 7, 2002

Accordingly, the Court concludes Defendants have failed to establish diversity jurisdiction. … However, the complaint clearly asks the court to direct Defendant Doctors to pay money into a fund for the benefit of Plaintiffs as a class.

Willamette Industries, Inc. v. United States

530 F. Supp. 904 · District Court, D. Oregon · May 28, 1981

The attorney’s work-product policies which Congress clearly incorporated into Exemption 5 thus come into play and lead us to hold that the Advice and Appeals Memoranda directing the filing of a complaint are exempt whether … They contend that 26 U.S.C. § 6103 qualifies as such a statute, Chamberlain v.

Krivolenkov v. Yandell

District Court, D. Oregon · Sep 21, 2023

immunity because the Court enters summary judgment in Defendants’ favor on the merits of each of Krivolenkov’s constitutional claims. … City of Orange, 485 F.3d 463, 481 (9th Cir. 2007) (denying qualified immunity based on a violent arrest of a “relatively calm trespass suspect”).

Sandoval v. Melvin

District Court, D. Oregon · Mar 10, 2021

immunity. … Qualified Immunity Defendant also asserts plaintiff’s claim fails because he is entitled to qualified immunity.

Henderson v. Ellis

District Court, D. Oregon · Oct 21, 2024

Standing As noted, the allegations of the Complaint concern Patrick, who is not clearly identified in the Complaint. … In such circumstances, the Ninth Circuit held that the proper course of action is to dismiss without prejudice so that the child (through their parent or guardian) may seek the assistance of qualified counsel to vindicate

Bollinger Quick Repair, Inc. v. M/V Goliath

965 F. Supp. 1448 · District Court, D. Oregon · Jan 28, 1997

Boyden, 696 F.2d 685, 687 (9th Cir.1983) (cautioning that a vessel qualifying under 1 U.S.C. § 3 may not be a vessel qualifying under Section 10 of the Rivers and Harbors Act). … Jones Stevedoring clearly supplied necessaries which benefited the Goliath.

Konecny v. Brown

District Court, D. Oregon · Mar 29, 2021

regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … In addition, “[s]upervisory liability exists even without overt personal participation in the offensive act if supervisory officials implement a 1 Defendants also argue that they are entitled to qualified immunity on

Hells Canyon Preservation Council v. Jacoby

9 F. Supp. 2d 1216 · District Court, D. Oregon · May 8, 1998

for a CE because of the presence of extraordinary circumstances; 3) the agency should prepare an EIS because the plaintiffs have clearly demonstrated that the project may have a significant impact on the environment and … “The burden of establishing substantial environmental issues is on the plaintiffs.” Public Interest Research Group of New Jersey, Inc. v.

United States v. Espinoza-Godinez

11 F. Supp. 2d 1210 · District Court, D. Oregon · Jul 23, 1998

If Espinoza-Godinez has presented claims that are frivolous or clearly without merit, the court should dismiss the case on the merits without appointing counsel. … Furthermore, there is nothing in the record to indicate that the second motion falls within either of the two categories which qualify for certification.

Lewis v. Conway

District Court, D. Oregon · May 1, 2025

Finally, defendant contends she is entitled to qualified immunity on plaintiff’s Fourth Amendment illegal search claims. As noted, plaintiff seeks leave to file a Second Amended Complaint. … Or. 2004) (Oregon Tort Claims Act “does not waive the State of Oregon’s Eleventh Amendment immunity to suit in federal court”).

Independent Living Resources v. Oregon Arena Corp.

982 F. Supp. 698 · District Court, D. Oregon · Nov 12, 1997

For instance, a facility that specializes in hosting wedding receptions and private parties may be open only to invitees of the bride and groom, yet it clearly qualifies as a public accommodation. … Bagley, 988 F.2d 868, 871 (9th Cir.1993) (public officials may be entitled to immunity for conduct that did not violate clearly established law at the time of the events in question); Pfaff v. U.S.

Seitz v. M.V. the Captantonis

203 F. Supp. 723 · District Court, D. Oregon · Feb 27, 1962

Clearly, this equipment had no use whatsoever if it was not to be used for the purpose of tauting the cable and thus securing the bulkhead. … I conclude that libelant has failed to establish either unseaworthiness or negligence and that his voluntary acts, as above mentioned, were the proximate cause of his injuries.

Ortiz v. United States Government

District Court, D. Oregon · May 15, 2023

FSA administers a Guaranteed Farm Loan Program through which it backs private lenders extending credit to family farmers unable to qualify for standard commercial loans. … Monetary damages are expressly exempted from the APA’s limited waiver of sovereign immunity. Dep’t of Army v.