Case law

Oregon Stamp Society v. State Tax Commission

1 Or. Tax 190 · Oregon Tax Court · Feb 21, 1963

NATURE OF EXEMPT CHARACTER The determination of the nature of the exempt character necessary to qualify for exemption requires interpretation of the broad language of the statute. … Rules of Interpretation The basic rules for such interpretation are established. Exemption statutes are to be strictly construed against the exemption.

Subasic v. State of Oregon

District Court, D. Oregon · Feb 28, 2025

As clearly held by In Re California Public Utilities Com[m]’n, . . . the work product immunity cannot be claimed by one who would ordinarily hold the right to assert the immunity unless that person/entity is a party (or … “Waiver of work-product immunity does not, however, destroy work-product immunity for other documents of the same character.” Skynet Elec. Co., Ltd v.

State v. Widerman

339 Or. App. 380 · Court of Appeals of Oregon · Apr 2, 2025

After all, lab tests are ‘not uniquely immune from the risk of manipulation’ or mistake.” (Quoting Melendez-Diaz v. … Here, the state asserts that the records in this case qualify for the exception set out in Copeland. We disagree.

State v. Benoit

354 Or. 302 · Oregon Supreme Court · Oct 3, 2013

The trial court granted that motion, after concluding that the violation charge against defendant qualified as a “criminal prosecution” under Article I, section 11. … In a footnote, the court qualified those statements: 314 State v.

Rendleman v. Shalala

864 F. Supp. 1007 · District Court, D. Oregon · Oct 4, 1994

case or issue and on the level or levels of the court[ ] or courts involved, a court may have discretion to reopen a previously resolved question under one or more of the following circumstances: (1) the first decision was clearly … CONCLUSION The government has met its burden of establishing the propriety of treble damages.

Ex parte Steiner

68 Or. 218 · Oregon Supreme Court · Dec 23, 1913

Lee Steiner, defendant above named, was at all times herein mentioned, and is now the duly appointed, qualified, and acting agent and superintendent of the Oregon State Hospital of the State of Oregon, and as such employs … clearly within both the spirit and letter of the law prohibiting it.

Shyrer v. Banks

District Court, D. Oregon · Feb 27, 2023

immunity, their arguments and legal authorities pertain to absolute immunity. … Or. 2004) (“The Oregon Tort Claims Act is a waiver of sovereign immunity but does not waive Eleventh Amendment immunity.

Ljubich v. Oregon Department of Corrections

District Court, D. Oregon · Apr 27, 2023

Gulick is entitled to qualified immunity. Id. at 17-19. A. … Glendale Union High Sch., 343 F.3d 1036, 1040 (9th Cir. 2003) (noting, “[it] is well established that agencies of the state are immune under the Eleventh Amendment from private damages or suits for injunctive relief brought

Rund v. Board of Parole & Post-Prison Supervision

152 Or. App. 231 · Court of Appeals of Oregon · Jan 21, 1998

ORS 421.590 establishes the procedure to be followed by the Board when establishing PPS for a convicted sexual offender. … ordered petitioner to be incarcerated in state prison pursuant to ORS 144.108, it withdrew that order and, on reconsideration, ordered a local sanction of 90 days’ incarceration pursuant to ORS 144.106. 9 ORS *238 144.106(3) clearly

Coleman v. SAIF

304 Or. App. 122 · Court of Appeals of Oregon · May 13, 2020

In his second and third assignments of error, claimant contends that the board erred in concluding that neither his attor- ney’s letter to an administrative law judge (ALJ) nor his treating physician’s chart note qualified … SAIF, 300 Or App 267, 268, 452 P3d 1039 (2019) (unchallenged findings of historical facts “establish the facts for purposes of judicial review”). B.

Kankkonen v. HENDRICKSON

232 Or. 49 · Oregon Supreme Court · Sep 6, 1962

The deceased had never married and left no one qualified to inherit his estate unless (1) it was his unwed mother and (2) she was living at the time of his death. … We have shown that it is this rule which the state seeks to invoke in its effort to establish that Johanna predeceased her son.

Emanuel Lutheran Charity Board v. Department of Revenue

4 Or. Tax 410 · Oregon Tax Court · May 27, 1971

Tax Com., 239 Or 65, 69 , 396 P2d 212 (1964) (“* * * the rule of strict construction is established in Oregon tax law.”) … The plaintiff in that case clearly was an educational institution, eligible to claim exemption from taxation if its property came within the scope of ORS 307.130.

University of Oregon Co-Operative Store v. Department of Revenue

273 Or. 539 · Oregon Supreme Court · Nov 20, 1975

“In the absence of judicial construction, administrative construction is informative, and unless clearly at variance with the express terms of the statute, is entitled to respect. * * *” 224 Or at 560 . … It will be noted that the regulation limits the exemption to corporations which offer “a regular course of instruction in an institution established for that purpose”.

Sebastian

District Court, D. Oregon · Mar 10, 2026

Such a suit is clearly barred by the Eleventh Amendment. … Instead, he is suing a state agency and "[i]t is well established that agencies of the state are immune under the Eleventh Amendment from private damages or suits for injunctive relief brought in federal court."

Paulson v. Western Life Insurance

292 Or. 38 · Oregon Supreme Court · Dec 2, 1981

This Iowa statute clearly influenced legislation in a number of other states. … Whether this provision can create an agency relationship that was not already officially established through the licensing process is a more difficult question.

State v. Swank

99 Or. 571 · Oregon Supreme Court · Jan 25, 1921

Fraudulent intent in the making of a forged instrument is essential to the crime of forgery, though it is not necessary to prove it to establish the crime of uttering. … It was not questioned that Ford was qualified to testify as an expert. The defendant had a fair trial, and there is ample testimony to sustain the verdict. The judgment is affirmed. Affirmed. Rehearing Denied.

Anderson v. Miller

District Court, D. Oregon · Mar 26, 2021

Personal Participation Under § 1983, Eleventh Amendment Immunity, and Qualified Immunity Defendants also contend that defendants Bailey, Alvis, DiGiulio, Coffey … not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Cordova v. FedEx Ground Package Systems, Inc.

104 F. Supp. 3d 1119 · District Court, D. Oregon · May 8, 2015

They recite several facts which they contend establish Defendant’s right to control them. E.g., id. at ¶ 16. … These contract provisions appear in the “Vehicle Operations” section of the Operating Agreements governing the employment of “qualified persons.” Ex. A to Harris Decl. at 17 (§ 2.2(b), (c)); Ex.

Partin v. Gevatoski

District Court, D. Oregon · Aug 10, 2020

civil liability pursuant to the doctrine of sovereign immunity. … These facts are insufficient to establish a Sixth Amendment claim.

State v. Balukovic

153 Or. App. 253 · Court of Appeals of Oregon · Apr 1, 1998

Once a defendant pleads guilty, ORS 138.050 clearly limits review to the sentence imposed and does not include review of the underlying proceedings that led to his conviction. See, e.g., State v. … On appeal, defendant contends that ORS 45.275, which provides, in part, that “[t]he court shall appoint a qualified interpreter.”