Case law

Oregon-Washington R. R. & Nav. Co. v. Farmers Nat. Grain Corp.

25 F. Supp. 667 · District Court, D. Oregon · Nov 22, 1937

Cases of subterfuge are numerous, but in each the original intention was clearly outlined by the surrounding circumstances. Thus the ultimate intention was found as a fact. Baer Bros. Mercantile Co. v. … to forward the grain after it had been inspected, graded, etc., but this intention, while the grain remained in his keeping, and before it had been actually committed to the carriers for transportation, did not make it immune

Oregon-Pacific Forest Products Corp. v. Welsh Panel Co.

248 F. Supp. 903 · District Court, D. Oregon · Oct 12, 1965

Each purchase order forwarded by plaintiff clearly indicated that the duplicate copy should be signed and returned. … It is a general rule that the acceptance of an offer must be positive, unconditional, unequivocal and unambiguous, and must not change, add to, or qualify the terms of the offer. C. R. Shaw Wholesale Co. v.

Savage v. Tweedy

895 F. Supp. 2d 1063 · District Court, D. Oregon · Sep 10, 2012

The evidence Plaintiffs cite does not clearly establish that Tweedy “influenced” Harm’s decision to bring charges against them. … establish that Plaintiffs will suffer irreparable harm.

Kimmie Jackson v. City of Yachats

District Court, D. Oregon · Dec 9, 2025

To establish a prima facie case for racial discrimination, Plaintiff must show that (1) she is a member of a protected class; (2) she performing as expected or that she was qualified for her position or the positions to … Additionally, even if Plaintiff could establish a qualifying disability, her claim of discrimination still fails at the third step of the test.

Oregon v. Ashcroft

192 F. Supp. 2d 1077 · District Court, D. Oregon · Apr 17, 2002

Physicians and pharmacists are immune from civil and criminal liability and any adverse disciplinary action for participating in good faith compliance with the Oregon Act. … Taylor, 477 U.S. 131, 137, 106 S.Ct. 2440 , 91 L.Ed.2d 110 (1986)(“a State clearly has a legitimate interest in the continued enforceability of its own statutes”); Bowen v.

Johnson v. Guardian Management

District Court, D. Oregon · Apr 26, 2021

The moving party has the burden of establishing the absence of a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). … Thus, the FHEO’s interpretation is clearly erroneous and conflicts with the governing regulations.

Bonneau v. City of Portland

District Court, D. Oregon · Feb 22, 2022

The moving party has the burden of establishing the absence of a genuine dispute of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). … On July 3, 2019, the Court granted Defendant Gino’s motion to dismiss based on qualified immunity and dismissed Gino from this case. ECF 42.

Alfonso v. GTE Directories Corp.

137 F. Supp. 2d 1212 · District Court, D. Oregon · Mar 19, 2001

Green, 411 U.S. 792, 802 , 93 S.Ct. 1817 36 L.Ed.2d 668 (1973), to demonstrate she was (1) a member of a protected class; (2) qualified for the job or satisfactorily per *1219 formed the job; (3) subject to an adverse employment … The record does not clearly establish whether Human Resources, either directly or indirectly, told George that Alfonso had complained of sex discrimination.

Werby v. Legore

District Court, D. Oregon · Mar 29, 2021

serious medical needs, and Defendants Holtz and Maney are dismissed from this case. /// 1 Defendants also argue that they are entitled to qualified … immunity on this claim, arguing Plaintiff has not demonstrated that Defendants violated Plaintiff’s Eighth Amendment rights.

Aske v. Clatskanie School District 6J

District Court, D. Oregon · Aug 10, 2020

A nonmoving party with the burden of proof at trial must move beyond mere allegations and set forth affidavits, declarations, motions, or other evidentiary materials from the record to establish the essential elements of … immunity.

Reed v. Ezelle Inv. Props. Inc.

353 F. Supp. 3d 1025 · District Court, D. Oregon · Nov 5, 2018

"The acceptance must be positive, unconditional, unequivocal, and unambiguous, and must not change, add to, or qualify the terms of the offer." C. R. Shaw Wholesale Co. v. … The court opined that "[a] case clearly may be settled without a confidentiality clause.

Turner v. United States Patent and Trademark Office

District Court, D. Oregon · May 22, 2024

STAT. § 9.160 (“a person may not practice law in this state, or represent that the person is qualified to practice law in this state, unless the person is an active member of the Oregon State Bar”); Or. State Bar v. … If Turner chooses to file an amended complaint, he may assert claims on his own behalf, or establish that he is licensed to practice law to assert claims on Russo’s behalf.

Phelps v. 3PD, Inc.

261 F.R.D. 548 · District Court, D. Oregon · Sep 30, 2009

It is plaintiffs’ burden to establish compliance with Rule 23. Lozano v. … Under Georgia law, where the contract of employment clearly denominates the other party as an independent contractor, *555 that relationship is presumed to be true unless the evidence shows that the employer assumed the right

United States v. Heider

231 F. Supp. 223 · District Court, D. Oregon · May 8, 1964

As to the remaining $8,263.73 in equipment, defendants were unable to establish dates of acquisition. … New of Heider’s claimed bad delots qualify under this rule.

Brinton Business Ventures, Inc. v. Searle

248 F. Supp. 3d 1029 · District Court, D. Oregon · Mar 30, 2017

Clearly, there are disputes of material facts that go directly to the issue of whether or not the Agreement was voidable under O.R.S. 653.295 for failure to notify Mr. … “Because the harm is intangible and difficult to quantify, it qualifies as irreparable.” Id. (citing Rent-A-Center, Inc. v.

Simpson v. Burrows

90 F. Supp. 2d 1108 · District Court, D. Oregon · Feb 22, 2000

Burrows’s Alford plea alone establishes that he authored and distributed the letters at issue. … That does not mean, however, that defendants are immune from tort liability for their actions. The letters here rise beyond rude, boorish, or mean conduct.

MCI Telecommunications Corp. v. GTE Northwest, Inc.

41 F. Supp. 2d 1157 · District Court, D. Oregon · Apr 21, 1999

However, the item potentially could qualify for treatment as an unbundled network element. … Moreover, Congress clearly contemplated that the FCC would promulgate formal “regulations.” See 47 U.S.C. § 252 (e)(2)(B).

Gabbard v. Linn-Benton Housing Authority

219 F. Supp. 2d 1130 · District Court, D. Oregon · Jul 31, 2002

Thus, the medical and scientific communities have clearly rejected the theories of a “multiple chemical sensitivity syndrome.” … Because plaintiffs cannot sufficiently establish a causal link between defendants’ actions and their injuries, their cases cannot stand.

Perez v. Roberts

District Court, D. Oregon · Nov 12, 2024

A plaintiff may also qualify for a preliminary injunction by showing that there are serious questions going to the merits of his claim and that the balance of hardships tips sharply in his favor, so long as the other Winter … A request for a mandatory injunction seeking relief well beyond the status quo is disfavored and shall not be granted unless the facts and law clearly favor the moving party. Stanley v. Univ. of S.

Sandoval v. Cain

District Court, D. Oregon · Mar 20, 2023

Petitioner asserts that the trial court’s evidentiary rulings as to Clayburn’s testimony are contrary to clearly established federal law. … Where precedent establishes that there is no clearly established federal law on point as to Petitioner’s due process claim, he is not entitled to relief. IV.