Case law

Radich v. Fredrickson

139 Or. 378 · Oregon Supreme Court · Feb 25, 1932

Several decisions of this court indicate clearly that one can not obtain a monopoly of fishing in the navigable waters of this state in such a manner. See, for instance: Hume v. … in navigable waters, otherwise adapted thereto, is in violation of section 20, article 1 of the state constitution, which commands that: ‘No law shall be passed granting to any citizen or class of citizens, privileges or immunities

Schmidt v. First National Bank

31 Or. App. 455 · Court of Appeals of Oregon · Nov 7, 1977

The Bank first argues that § 43(1) is not applicable in this case because § 17 (ORS 112.400) clearly defines the manner of distribution of the decedent’s estate, thus falling within the "provided-otherwise” exception contained … The qualifying language introducing § 43(1) is relevant only to those provisions of ch 506, if any, that specifically provide that they will be applicable even to those wills executed before its effective date.

JH KELLY, LLC v. Smith

244 Or. App. 123 · Court of Appeals of Oregon · Jun 29, 2011

While the language used in the various opinions is qualified with words like ‘significant,’ ‘material,’ ‘pathological,’ ‘affirmative evidence’ and ‘objective worsening,’ the preponderance of the medical evidence establishes … It clearly does. Dr. Verheyden, who first diagnosed claimant’s carpal tunnel syndrome and performed surgery on claimant’s hand, concluded that claimant’s condition was caused by his 30 years of employment.

State ex rel. Juvenile Department v. Smith

205 Or. App. 152 · Court of Appeals of Oregon · Apr 19, 2006

The decision to seek a guardian for purposes of making health care decisions is clearly a “decision concerning [T] of substantial legal significance.” … Brad Lechman-Su is qualified, suitable and willing to serve as the guardian [.]”

State v. Kragt

368 Or. 577 · Oregon Supreme Court · Sep 30, 2021

Relatedly, the record does not clearly indicate when defendant committed each of the underlying crimes. … The text does not expressly address how many PPS terms a defendant should receive if sentenced for multiple qualifying offenses.

SAIF Corp. v. Banderas

252 Or. App. 136 · Court of Appeals of Oregon · Aug 29, 2012

A “direct medical sequela” is “a condition which originates or stems from an accepted condition that is clearly established medically.” OAR 436-035-0005(6). … Substantial evidence must support the board’s finding that a condition — the “direct medical sequela” — originates or stems from an accepted condition and that it is clearly established medically.

White v. Department of Revenue

14 Or. Tax 319 · Oregon Tax Court · May 20, 1998

By that time, he had 10 years of active duty and wanted to serve 10 more so he would qualify for a pension and a number of other significant benefits. … Clearly Mr. White established a residence in Washington, D.C. However, the court must determine whether he formed an intent to abandon his old domicile and to acquire a new one. If Mr.

Brown v. Bonesteele

218 Or. 312 · Oregon Supreme Court · Oct 14, 1959

In the cases cited the equipment was used under definite leasing arrangements clearly establishing a special contract of carriage; in the instant case there was no substantial evidence to establish a special contract negativing … The weakness in this position is that the character of the previous transaction was never clearly established as a lease arrangement rather than as a regular agreement for transportation by a common carrier.

Daul v. PPM Energy, Inc.

267 F.R.D. 641 · District Court, D. Oregon · Apr 15, 2010

To qualify for relief under this provision, a party must “establish the existence of extraordinary circumstances which prevented or rendered him unable to prosecute an appeal.” Martella v. … Accordingly, Plaintiffs have failed to establish that they are entitled to a reconsideration of the Opinion.

Brown v. United States

292 F. Supp. 527 · District Court, D. Oregon · Oct 17, 1968

The ease is clearly distinguishable; here we are dealing with an irrevocable rather than a revocable escrow agreement. … There were 2,451 abstentions, 2,431 of which were not qualified to vote.

Hammond v. Oregon & California R.

98 Or. 1 · Oregon Supreme Court · Nov 9, 1920

To confirm means “to make firm or firmer, to establish, to strengthen,” and “to ratify”: Webster’s International Dictionary. … The maxim, “Ex dolo malo non oritur actio,” is qualified by another, namely, “In pari delicto melior est conditio defendentis.”

Ryder v. City of Springfield

District Court, D. Oregon · Sep 22, 2025

In addition, states are generally immune from suit under the Eleventh Amendment and sovereign immunity unless Congress has abrogated their immunity, or the state has waived immunity by consenting to suit in express … To recover monetary damages under Title II of the ADA, a plaintiff must establish intentional discrimination on the part of the state officials. Ferguson v.

Jennings v. Baxter Healthcare Corp.

152 Or. App. 421 · Court of Appeals of Oregon · Feb 11, 1998

OEC 702 provides: “If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience … It argues that Silverman’s testimony did not meet the burden for establishing the admissibility of scientific evidence.

Oliver v. Employment Division

40 Or. App. 487 · Court of Appeals of Oregon · Jun 11, 1979

And the local office does not establish the labor market area. … The transcript quite clearly establishes there were plenty of potential employers (restaurants and service stations) within the area the claimant was actually searching during the weeks in issue.

Union School District No. 5 v. Stanley

185 Or. 531 · Oregon Supreme Court · Jan 18, 1949

Each petition was signed by the requisite number of qualified voters. … Subdivision 6 of the same section provides that the “notices of election shall clearly state that the question of forming a union high school district for high school purposes only, specifying the districts to be united,

Woodbury v. United States

192 F. Supp. 924 · District Court, D. Oregon · Feb 8, 1961

In construing the Tort Claims Act the courts have uniformly held that immunity was not waived as to all torts. Immunity was not waived for conduct amounting to a nuisance. Dalehite v. United States, supra. … Clearly, this language must be read and construed with the other language of the Act.

Greene v. Kulongoski

322 Or. 169 · Oregon Supreme Court · Oct 12, 1995

ORS 9.160 provides: “Except for the right reserved to litigants by ORS 9.320 to prosecute or defend a cause in person, no person shall practice law or represent that person as qualified to practice law unless that person … “SUMMARY: State statutes now forbid any person to practice law unless qualified as an active member of the Oregon State Bar. Current law directs the Bar to investigate allegations of the unlicensed practice of law.

Brooks v. Clyne

District Court, D. Oregon · May 30, 2022

A defendant is entitled to qualified immunity if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … The qualified immunity analysis requires a court to address two questions: (1) whether the facts alleged or shown by the plaintiff establish a constitutional violation and (2) whether the right at issue was clearly established

State v. Olds

19 Or. 397 · Oregon Supreme Court · Jul 1, 1890

The importance of any immunity, however, does not depend so much upon constitutional guarantees as it does upon their observance and enforcement. … If the assumption that the attorney indulged in, that the gamblers of Portland had conspired to take Weber’s life and Olds *437 shooting him was a part of the conspiracy, could have been sustained it would have established

Hazelden Foundation v. Yamhill County Assessor

21 Or. Tax 245 · Oregon Tax Court · Aug 30, 2013

However, whether taxpayer’s “doors are open to rich and poor alike” will be established at length in the following analysis. … Taxpayer is clearly an institution that has a noble purpose: it seeks to counter a dreadful blight on our society, and the evidence clearly shows it is prone to generosity in pursuing that mission.