Case law

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

Pete's Mountain Homeowners Ass'n v. Clackamas County

227 Or. App. 140 · Court of Appeals of Oregon · Apr 1, 2009

Petitioners’ argument is that, because their Measure 37 claim is subject to the goal-post statute, it is immune from the effect of Measure 49. … It is clearly the more general statute and must, as a result, yield to the more specific Measure 49.

State v. Vondehn

348 Or. 462 · Oregon Supreme Court · Jul 1, 2010

The issue in Soriano was whether Article I, section 12, permits the state to compel the testimony of a witness in exchange for "use" or "derivative use" immunity without also extending "transactional immunity." … Transactional immunity precludes the state from prosecuting the witness for any offense to which the statements relate. Id.

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.

Bjork v. Peters

District Court, D. Oregon · Aug 3, 2020

As a threshold matter, the Court notes that plaintiff qualifies for IFP status. … Moreover, this right is at least arguably “clearly established” after Brown, which may defeat defendant’s qualified immunity. See Brown, 751 F.3d at 989 (quoting Harlow v.

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.

Adair Homes, Inc. v. Jarrell

59 Or. App. 80 · Court of Appeals of Oregon · Sep 8, 1982

The agreement was qualified in one other respect: the contract price, as then determined, was subject to the approval of plaintiffs president (Marsh). … The problem with defendant’s argument is that he did not establish that this provision is a liquidated damages clause.

Burcham v. Franke

265 Or. App. 300 · Court of Appeals of Oregon · Sep 4, 2014

We would, accordingly, have rejected the state’s argument that absence of consent could be established by a victim’s age alone. B. … In short, because the state clearly raised, and the trial court clearly considered, the argument that the “mentally incapacitated” issue applied only to Counts 2, 4, and 6, we conclude that that issue was preserved.

Livingston v. Fred Meyer Stores, Inc.

567 F. Supp. 2d 1265 · District Court, D. Oregon · Jun 6, 2008

To establish a prima facie case of discrimination in violation of the ADA by an employer, a plaintiff must prove: 1) that he or she is a qualified individual with a disability; 2) that he or she has suffered an adverse employment … This conclusion rejects the proposition that “driving” by itself qualifies as a major life activity.

State v. Sanchez-Alfonso

352 Or. 790 · Oregon Supreme Court · Nov 29, 2012

Skinner did not establish that she was qualified to 11 identify the perpetrator of inflicted injury. … Although Skinner 6 established that she was qualified to assess whether a child has been subjected to abuse, 7 her testimony she did not sufficiently describe the techniques that she had used to identify 8 the

Splonskofsky v. Minto

62 Or. 560 · Oregon Supreme Court · Aug 13, 1912

These are both direct attacks upon the validity of the organization, while the present litigation is clearly a collateral onslaught. … Although they may have alleged sufficient to qualify them as parties plaintiff, they have utterly failed to prove the same; and hence upon this, if upon no other grounds, their suit should fail.

Oregon Racing, Inc. v. Oregon State Lottery

310 Or. App. 281 · Court of Appeals of Oregon · Mar 31, 2021

This approach to the gambling statutes eliminates the need for a special immunity statute because the ‘player’ would not violate the law. … For example, a per- son qualified as a “player” if the person did not “otherwise render material assistance to the establishment, conduct or operation thereof by performing, without fee or remuneration, acts directed toward

Trout v. Liberty Northwest Insurance

154 Or. App. 89 · Court of Appeals of Oregon · May 27, 1998

“And finally, under the common meaning of the word employee, plaintiff would not qualify as the employee of Harris, the general.” … Thus, the statutes establish the procedure for determining the extent to which a “paying agency” may receive a share of any sum recovered if a worker elects under ORS 656.578 to seek damages from the employer or a third person

State v. Sampson

167 Or. App. 489 · Court of Appeals of Oregon · May 24, 2000

To qualify as a DRE officer, an officer must have experience in traffic enforcement. … The HGN test’s scientific nature is well established. O’Key, 321 Or at 296.

State v. Wiborg

285 Or. App. 131 · Court of Appeals of Oregon · Apr 26, 2017

Does the Statute Clearly Indicate an Intent to Dispense with a Culpable Mental State? … As Strickland reasons, the long-established definition of “knowingly”—the culpable mental state that the legislature chose for ORS 165.570(1)—means that the person “acts with an awareness that [his conduct] is of a nature

Nordbye v. BRCP/GM ELLINGTON

246 Or. App. 209 · Court of Appeals of Oregon · Oct 26, 2011

The Department is an agency established under state statute. See ORS 456.555(1). … The oral advice of a federal employee, given on an ad hoc basis to a state agency, simply does not qualify.

In Re Reinstatement of Starr

330 Or. 385 · Oregon Supreme Court · Jul 21, 2000

She has the burden of establishing, by clear and convincing evidence, that she “has the requisite good moral character and general fitness to practice law and that [her] resumption of the practice of law in this state will … Suspended lawyers also must refrain from conduct that conveys an impression that they are qualified to practice law.

D & M Products, Inc. v. Workmen's Compensation Board

30 Or. App. 707 · Court of Appeals of Oregon · Aug 22, 1977

Petitioner argues that this deletion clearly indicates that the legislature intended to preclude imposition of a prior knowledge requirement. We disagree. … This contention is clearly untenable since neither the union nor SAIF were involved in the employe’s hiring.

State v. Cassidy

331 Or. App. 69 · Court of Appeals of Oregon · Feb 22, 2024

As defendant saw it, the legislature “clearly meant to protect businesses like hotels and cab services from people evading payment because they are commercial and held open to the public for the purpose of generating income … As the state sees it, a “vacation rental used to generate profit” qualifies as a “business facility” under ORS 164.125(1)(b).

Perry v. Department of Revenue

14 Or. Tax 395 · Oregon Tax Court · Nov 3, 1998

Taxpayer’s motor home clearly qualifies as a dwelling unit in that it is a “mobile home” or similar property. … Consequently, except for those professionals who have established their status by actually earning income, writers are required to capitalize their expenses until income is earned from the writing to offset those expenses