Case law

Lyons v. Walsh & Sons Trucking Co., Ltd.

183 Or. App. 76 · Court of Appeals of Oregon · Jul 31, 2002

Plaintiffs reasoned as follows: (1) Under ORS 656.018(1), which establishes workers’ compensation exclusivity, Rector and the State of Oregon were immune from civil liability. (2) ORS 18.470 precludes “comparison of fault … ” with immune persons unless the injury is the “sole and exclusive fault” of the immune person.

Jones-Clark v. Severe

118 Or. App. 270 · Court of Appeals of Oregon · Feb 17, 1993

The burden is on a defendant to establish immunity. Little v. Wimmer, 303 Or 580, 588 , 739 P2d 564 (1987). … for acts performed under a court order or directive, two criteria must be established.

Sabbe v. Washington County Board of Commissioners

District Court, D. Oregon · May 7, 2021

In determining whether an officer is entitled to qualified immunity, this Court considers: (1) whether there has been a violation of a constitutional right; and (2) whether that right was clearly established at the time … Because the facts are so dissimilar, Deorle does not clearly establish that the officers’ conduct in this case was unconstitutional. Next, Plaintiff relies on George to defeat qualified immunity.

Hughes v. Wilson

345 Or. 491 · Oregon Supreme Court · Dec 18, 2008

See Vokoun, 335 Or at 31 (county has burden to establish discretionary immunity). … Merely weighing costs and benefits and making a decision, even if that decision might qualify as a permissible discretionary decision, is not sufficient to entitle a government to immunity.

Martelli v. RA Chambers and Associates

99 Or. App. 524 · Court of Appeals of Oregon · Dec 6, 1989

Plaintiffs essential argument is that defendant is not his employer and, therefore, does not qualify for statutory immunity. … Defendant had the burden to establish that summary judgment was appropriate because there is no issue as to a material fact and that it was entitled to judgment as a matter of law.

Wilson v. Wilson

416 F. Supp. 984 · District Court, D. Oregon · Jun 28, 1976

He has no intention to establish full-time residence in Oregon. In 1974 and 1975, plaintiff applied for admission to the Oregon bar. … However, it is not clear that the present statute grants absolute immunity. For example, the statute excepts from its grant of immunity one who commits perjury.

Fields v. City of Newport

Court of Appeals of Oregon · Jul 6, 2023

We will not repeat the details of that here, other than to highlight that recreational immunity was established by the legisla- ture as a “quid pro quo” policy. Id. at 294. … ORS 105.688(1)(c) extends immunity to unim- proved, nonrecreational access trails that, under Liberty, would not have qualified for recreational immunity.

Kelly v. Hochberg

231 Or. App. 155 · Court of Appeals of Oregon · Sep 30, 2009

immunity under that statute. … According to defendant, the statute affords immunity to “recreational” uses, defined by reference to, among other things, hiking, which is a form of clearly recreational travel.

Brown v. Gatti

195 Or. App. 695 · Court of Appeals of Oregon · Oct 13, 2004

Although we are unwilling to say categorically that an attorneys statements to the press can never qualify for absolute immunity, we can say with no hesitation that the statements here do not; they were not only made to the … can have no bearing on whether a clearly stated exception should be expanded beyond its text.

Kovac v. Crooked River Ranch Club & Maintenance Ass'n

186 Or. App. 545 · Court of Appeals of Oregon · Feb 19, 2003

Those “CC&Rs” establish a homeowner association called the Crooked River Ranch Club and Maintenance Association (defendant). … We need not reach plaintiffs contentions that an agreement to delegate governmental standard-setting authority to a private entity violates Oregon’s antitrust statute and does not qualify for Noerr-Pennington immunity.

American Portable Irrigation Co. v. Commission

3 Or. Tax 360 · Oregon Tax Court · Jan 29, 1969

The commission has adopted Reg 317.070(2) which states in part: "* * * In order to qualify for the offset, the corporation must show that it was the legal owner of the personal property and that the taxes were assessed to … ORS 57.480(4) and (5) clearly give the surviving corporation all the rights, privileges, immunities and franchises of the merged corporation and also make the surviving corporation responsible for all the liabilities and

Hall v. Dotter

129 Or. App. 486 · Court of Appeals of Oregon · Aug 10, 1994

Defendants have the burden of establishing the defense of discretionary immunity. Stevenson v. State of Oregon, 290 Or. 3, 15 , 619 P.2d 247 (1980). … defendants may not be protected by discretionary immunity, only that defendants have not established that they are entitled to immunity under the principle stated in Praggastis , which is the only theory of immunity that

Libertarian Party v. Roberts

85 Or. App. 450 · Court of Appeals of Oregon · May 20, 1987

Political groups which qualify as minor political parties under ORS 248.008 and ORS 249.732 are entitled to nominate candidates for offices in the district or districts in which they are qualified and to have their nominees … ORS 249.740(1) (b) establishes a five percent petition requirement for unaligned candidates running for offices other than those enumerated in subsection (1)(a).

Vendrell v. School District No. 26C

226 Or. 263 · Oregon Supreme Court · Mar 1, 1961

The principle is clearly stated as follows in Antin v. Union High School Dist. … Since it is now established by Lovell v. School Dist.

May v. Baldwin

895 F. Supp. 1398 · District Court, D. Oregon · Aug 7, 1995

immunity. … Qualified immunity does not affect claims for injunctive or declaratory relief. Malik v. Brown, 16 F.3d 330 , 335 n. 4 (9th Cir.1994).

Canell v. Bradshaw

840 F. Supp. 1382 · District Court, D. Oregon · Nov 23, 1993

Temporary Deprivation: Defendants contend they are qualifiedly immune because there was no clearly established law holding that Bounds applies tó “temporary” deprivations under the circumstances of this case. … Defendants have not shown they acted in a manner that a reasonable official would believe was consistent with plaintiffs clearly established rights. They have failed to establish their defense of qualified immunity.

Salem College & Academy, Inc. v. Employment Division

298 Or. 471 · Oregon Supreme Court · Jan 15, 1985

A state law may have been designed to meet the standards that will qualify the state for a federal benefit, in this instance to qualify local employers for a federal tax credit. … But the Court held only that the National Labor Relations Act did not clearly extend to faculty members of church-operated schools.

State v. Herrera

32 Or. App. 397 · Court of Appeals of Oregon · Feb 7, 1978

However, if the testimony offered by defendant is not sufficient to establish the defense of mental disease or defect, it is permissible to omit such an instruction. State v. … The statute clearly requires that defendant’s lack of capacity to conform be the result of a mental disease or defect. ORS 161.295. *407 State v.

Lowrimore v. Dimmitt

310 Or. 291 · Oregon Supreme Court · Sep 20, 1990

The court held: “Because the complaint alleges facts which, if proved, would establish plaintiffs right to recover for an intentional, malicious and unjustified interference with custody of her child,” the complaint stated … A traffic officer’s decision to pursue a vehicle such as the Dimmitt vehicle, though discretionary in the sense that it involves the exercise of judgment and choice by the officer, is not one that qualifies its maker to immunity

Brennen v. City of Eugene

285 Or. 401 · Oregon Supreme Court · Feb 27, 1979

Clearly, the act of the agent in issuing the license without requiring that Terminal obtain the minimum liability insurance mandated by ordinance was a cause in fact of plaintiff’s inability to collect on his judgment. … If, on the basis of the application review under section 3.050, the finance officer determines that the applicant does not qualify for issuance of a license, the finance officer shall notify the applicant in writing that