Case law

State v. Anthony

234 Or. App. 659 · Court of Appeals of Oregon · Apr 14, 2010

establish that the statement is trustworthy. … Bureau of Labor and Industries, 317 Or 606, 614 , 859 P2d 1143 (1993) (“The legislature knows how to include qualifying language in a statute when it wants to do so.”).

Alexander Loop, LLC v. City of Eugene

297 Or. App. 775 · Court of Appeals of Oregon · May 30, 2019

The bridge improvements qualified for transportation SDC credits. … Oregon courts analyze claims for unjust enrichment under the methodology established by Larisa's Home Care, LLC v.

Coe v. United States

502 F. Supp. 881 · District Court, D. Oregon · Aug 19, 1980

Coe, seems about as good an approach as any and establishes the amount of the loss about as well as it can be determined. … Immunity is waived only to the extent that a private person would be liable to the claimant under the law of the place where the act or omission occurred.

Shepherd v. State of Oregon

District Court, D. Oregon · Feb 6, 2025

The metadata established a timeline of events that revealed the falsity of the allegations of abuse made by the former employees. … to qualified immunity.

Ernst v. United States

291 F. Supp. 3d 1190 · District Court, D. Oregon · Feb 13, 2018

Self , 75 Or.App. 230 , 706 P.2d 975 (1985), cast serious doubt on Shumate -but Sandoval and Shumate are not clearly irreconcilable. … See id. at 1093 (holding that the defendant's convictions qualified as residual-clause violent felonies); United States v.

First National Bank v. Department of Revenue

6 Or. Tax 209 · Oregon Tax Court · Oct 24, 1975

The general principle is well established that the rights of parties under an inheritance tax statute are determined as of the date of the death of the decedent without any power of the legatees by their acts to affect [sic … One must conclude that the situation presented in the present case is not clearly adverted to by the provisions of ORS 118.005 et seq., and the determination of the question before the court must be based on general principles

State v. Etzel

310 Or. App. 761 · Court of Appeals of Oregon · Apr 21, 2021

On review, the Supreme Court concluded that the forensic interviewer’s testimony qualified as scientific evi- dence. Id. at 301. … If anything, the error was more clearly not harmless in this case than in Plueard, because, in this case, there was extensive evidence of defendant engaging in conduct that fit the witness’s description of potential “grooming

Smith v. Dept. of Corrections

301 Or. App. 299 · Court of Appeals of Oregon · Dec 11, 2019

Petitioner is obligated to “allege such facts as are necessary to establish that the court has jurisdiction to act.” State ex rel Sweere v. Crookham, 289 Or 3, 7, 609 P2d 361 (1980). … He is required to, “at a minimum, put forth a non- conclusory explanation or argument as to why the writing in question qualifies as a rule as defined in ORS 183.310(9).” Smith v.

Randall v. Ocean View Construction Co.

196 Or. App. 153 · Court of Appeals of Oregon · Nov 10, 2004

. *158 The statute then states that the CCB is required to “establish two classes of independent contractor licenses,” one for an “exempt class” of licensees and one for a “nonexempt class.” ORS 701.035(2). … The answer appears clearly to be no. As we have noted, ORS 701.055 requires a license when a person undertakes, or offers to undertake, or submits a bid to do work “as a contractor.”

Meyer v. Harvey Aluminum

263 Or. 487 · Oregon Supreme Court · Oct 9, 1972

Diamond Alkali Company, 93 Idaho 32 , 454 P2d 69 (1969), contains opinions supporting both the view that the farmer is qualified and that he is not qualified. … We established that 10 cents a pound was a fair price for number 1 peaches. * “Q * * * In 1962 did you know what the price for peaches was?

Republic Development Co. v. Employment Division

284 Or. 431 · Oregon Supreme Court · Dec 5, 1978

The contract remains in force until a new rate is established. … An examination of the legislative history discloses quite clearly how the statute emerged in its present form.

State v. Johansen

125 Or. App. 365 · Court of Appeals of Oregon · Dec 22, 1993

An extended period of *374 commitment pursuant to ORS 426.301 to ORS 426.307 clearly infringes on this liberty interest. … ORS 426.110(1) requires that the court appoint at least one qualified examiner and, if requested, one additional examiner.

Bank of Oregon v. Independent News, Inc.

298 Or. 434 · Oregon Supreme Court · Jan 8, 1985

At Oregon common law, lack of culpability could establish a defense to a libel action in certain circumstances. … The qualified privileges discussed do not encompass the publication of the instant article read as a whole.

Isaac v. Manning

District Court, D. Oregon · Sep 2, 2025

Plaintiff challenges representations Maile made in the course of litigation, which were clearly made in the course of her official duties. … Gammick, 413 F.3d 971 (9th Cir. 2005) (discussing absolute prosecutorial immunity and qualified immunity); Burnard v. Giblin, No. 22-1982, 2024 WL 458640, at *2–4 (D. Or.

Todd v. Boyd

District Court, D. Oregon · Mar 29, 2021

Plaintiff also alleges that McMahon lacked legal authority to conduct the search while armed with a firearm because McMahon is not a qualified police officer. Id. … Second, Defendant OHS established in the prior litigation its lack of liability for any of Plaintiff’s alleged losses, and that ruling would be impaired by the prosecution of this action.

Dubiver v. City Railway Co.

44 Or. 227 · Oregon Supreme Court · Jan 11, 1904

Justice Parker states it clearly in the Tucker Case, saying : “The plaintiff, in order to recover for the damages sustained by the killing of his intestate, * * was burdened with the necessity of proving, first, that the … Justice Paxson in the Nagle Case says: “ The law fixes no arbitrary period when the immunity of childhood ceases and the responsibilities of life begin”; and, referring to Sharswood’s Blackstone (volume 1, p. 435; vol. 4,

Hartley v. Rice Et Ux.

123 Or. 237 · Oregon Supreme Court · Nov 3, 1927

No one was better qualified than Judge Deady to pass upon the Oregon *240 Code. He was president of the Constitutional Convention and had an important part in framing the original Codes of this state. … Tbe fact that be reported for trial and was acquitted establishes bis innocence of tbe charge.

Alto v. City of Cannon Beach

247 Or. App. 641 · Court of Appeals of Oregon · Jan 25, 2012

On respondents’ motion to dismiss, 4 LUBA concluded that the “challenged decision is *646 clearly a Measure 49 vested rights determination” and that “challenges to such vested rights determinations are not subject to LUBA … Petitioners remonstrated that they established statutory standing.

Churchill v. Grants Pass

70 Or. 283 · Oregon Supreme Court · Apr 28, 1914

a municipal purpose, and what is not, is in many cases shadowy and uncertain, great weight should be given by the courts to the legislative determination, and its action should not be annulled unless the purpose appears clearly … The citizens and taxpayers of Grants Pass know, or ought to know, whether or not this proposed expenditure is necessary, and it should require a stronger showing than is made here to induce us to decide that we are better qualified

Payne v. City of Eugene

District Court, D. Oregon · Dec 23, 2024

Qualified Immunity The same questions of fact on excessive force create questions of fact on qualified immunity. Citing Drummond, Plaintiff frames Mr. … Qualified immunity shields law enforcement from liability for constitutional violations unless “the unlawfulness of their conduct was ‘clearly established at the time’” of the violation. Perez v.