Case law

Marshall v. Pollin Hotels II, LLC

170 F. Supp. 3d 1290 · District Court, D. Oregon · Mar 16, 2016

The WHD’s Field Operations Handbook provides a factor test to determine whether special conditions exist that are sufficient to qualify breaks shorter than 30 minutes as bona fide meal breaks. … Thus, the Brennan court clearly did not hold that section 6415 "allows for a claim for mathematical and technical errors." Cf. Supp. Brief 2 (#61). .

Kapua v. United States

District Court, D. Oregon · Nov 19, 2024

To qualify as a release under the statute, there had to be a compromise or settlement reached by a meeting of the minds. We find none." Id. … [especially where] every document [he] signed in order to settle the property claim expressed clearly that by accepting the settlement he relinquished the right to bring future claims."); Penn v.

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.

Hedlund v. EDUCATIONAL RESOURCES INSTITUTE, INC.

468 B.R. 901 · District Court, D. Oregon · Mar 5, 2012

Accordingly, this Court cannot disturb those findings unless clearly erroneous. See, e.g., Birrane, 287 B.R. at 496 . … Here, there is some ambiguity in the record regarding whether Hedlund is qualified for the ICRP. ER 427.

Nordeutsher Lloyd, Brennan v. Brady-Hamilton Stevedore Co.

195 F. Supp. 680 · District Court, D. Oregon · Apr 28, 1961

There are cases where a determination of the claim against the indemnitee will establish a right to recovery, as a matter of law, against the indemnitor. … That case clearly illustrates the background on which the indemnitor is bound by the findings in the original action. This rule has been followed in the Ninth Circuit. Booth-Kelly Lumber Co. v.

Bartuchie v. Social Security Administration

District Court, D. Oregon · Jul 23, 2024

The SSA’s communications to the claimant do not clearly explain where the body of the overpayment originated, or the intertwined smaller overpayments. … United States, 217 F.3d 785, 792 (9th Cir. 2000) (“Suits against the United States and its agencies are barred by sovereign immunity unless permitted by an explicit waiver of immunity from suit.”); McKenzie v. Soc.

Tilson v. Tri-County Metropolitan Transportation District of Oregon

District Court, D. Oregon · Mar 16, 2020

Employers bear the burden of establishing that they qualify for an FLSA exemption, and courts will not find an FLSA exemption applicable “except [in contexts] plainly and unmistakably within [the given exemption’s] terms … Whether a payment qualifies as a bonus under the FLSA is a legal question.

Pettibone v. Biden, Jr.

District Court, D. Oregon · Oct 7, 2024

Although the Nelson court was describing the actions and knowledge of a reasonable officer for purposes of qualified immunity, if a reasonable officer would know that firing these munitions into the crowd was an illegal … use of force for purposes of a Fourth Amendment violation and qualified immunity, at this stage of the litigation it is a reasonable inference that they would engage in such knowingly excessive force with the intention

Petrusich v. Unum Life Insurance Co. of America

984 F. Supp. 2d 1112 · District Court, D. Oregon · Nov 22, 2013

This hardly qualifies as “infrequent.” … In any event, even if Petrusich were able to take medication, her doctors clearly stated she would still not be able to return to work.

Gillette v. State of Oregon

District Court, D. Oregon · Jul 19, 2022

immunity. … This Court declines to address qualified immunity. B.

Ogden v. Ontario Oregon City Police Dept

District Court, D. Oregon · Feb 12, 2021

entity or officer or employee, if the Court determines that the action (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune … Plaintiff does not allege facts establishing a claim of racial or class-based discriminatory animus.

Johnson v. Garrett

District Court, D. Oregon · Dec 11, 2024

Defendants argue in their motion that Plaintiff’s claim fails because he admitted (1) that he failed to exhaust administrative remedies; (2) that Defendant S.F. is entitled to qualified … immunity; (3) that Defendants did not have the intent to deprive him of his rights; (4) that he was not injured; (5) that he suffered no lost wages; (6) that he caused his own injuries, if any; (7) that Defendant S.F.

The Active

1 F. Cas. 64 · District Court, D. Oregon · Mar 12, 1866

Of whatever is established by law the court" takes judicial notice, and the same need not be shown by either pleading or proof. … If the wording of both sections clearly embrace the same case, which is to be held nugatory? I know of no principle of law that would enable me to reject either.

McKenzie Flyfishers v. McIntosh

158 F. Supp. 3d 1085 · District Court, D. Oregon · Jan 22, 2016

Because the fee shifting provisions of the ESA constitute partial waivers of sovereign immunity, the waivers “must strictly be construed in favor of the United States.” Ardestani v. … Frost’s timesheet includes time spent on “press” and “media” relations, 7 matters specific to ODFW and- other cases, and matters not clearly linked to this case. As such, this court deducts that time from Mr.

Willmar Development, LLC v. Illinois National Insurance

726 F. Supp. 2d 1280 · District Court, D. Oregon · Jun 21, 2010

It is also the insured’s burden to establish that their claim is within an exception to an exclusion. Id. at 514 , 156 P.3d 105 . 1. … The house’s cracking sheetrock constitutes “physical injury,” and the house itself is clearly “tangible property.”

Davis v. Davis

District Court, D. Oregon · Jul 2, 2021

To state a claim under Title II, Plaintiff must allege four elements: (1) he “is an individual with a disability;” (2) he “is otherwise qualified to participate in or receive the benefit of some public entity's services … To establish a prima facie case of retaliation under Title IV, a plaintiff must show that (1) he engaged in a protected activity; (2) he suffered an adverse action; and (3) there was a causal link between the two.

Gottfried

District Court, D. Oregon · Jan 26, 2026

To qualify for in forma pauperis status, a civil litigant must demonstrate that he is unable to pay court fees and costs. 28 U.S.C. § 1915(a)(1); Tripati v. … Courts must also screen an applicant’s complaint to determine whether it is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant who is immune. 29 U.S.C

Index Newspapers LLC v. City of Portland

District Court, D. Oregon · Jul 23, 2020

Because the Court considers any willful violation of this Order, or any express direction by a supervisor or commander to disregard or violate this Order, to be a violation of a clearly established constitutional right … and thus not subject to qualified immunity in any action brought against any individual employee, officer, or agent of the Federal Defendants under Bivens v.

Franklin v. State of Or.

563 F. Supp. 1310 · District Court, D. Oregon · May 25, 1983

Persons proceeding in for-ma pauperis are immune from the imposition of costs if they are unsuccessful. Because of their poverty, they are de facto immune from later tort actions for abuse of process. … immunity from damages.

Boyce v. St. Vincent DePaul (Lane Co)

District Court, D. Oregon · Apr 11, 2024

To establish a prima facie claim for FHA disparate-treatment a Plaintiff must allege she: (1) was a member of a protected class; (2) applied for, and was qualified to receive, a rental or housing relationship or a term … To establish a prima facie disparate-impact claim under the FHA a plaintiff must establish “at least that the defendant's actions had a discriminatory effect.” Gamble, 104 F.3d at 306 (quotations omitted).