Case law

Eatherly v. Oregon State Correctional Institution

24 Or. App. 41 · Court of Appeals of Oregon · Jan 12, 1976

The test factors were carefully conceived and clearly measurable against objective standards of performance. … Rule 42-500: "When a rating of experience and training forms all or a part of a test, the administrator shall develop procedures for the evaluation of those factors that will serve to assist in the selection of the best qualified

Shields v. Villareal

177 Or. App. 687 · Court of Appeals of Oregon · Oct 31, 2001

Matthews, 129 NM 134 , 2 P3d 871, 878 , rev den 129 NM 207 (2000) (requiring “substantial evidence” that the defendant had “clearly and unequivocally abandoned the easement”). 4 Although the court found that, “on the face … of it, both witnesses have impressed the court and seem to be even reasonable people,” the court immediately qualified that observation by finding that, “[o]n balance, it makes more sense to me to think that the defendant

The Ninfa

156 F. 512 · District Court, D. Oregon · Oct 7, 1907

Where not qualified or restricted by an express agreement, there was an implied warranty by the shipowner attending every contract for the carriage of goods at sea that his vessel was seaworthy at the outset of the voyage … The immunity from risks of a described character, when due diligence has been used, cannot be so extended as to cause the statute to say that the owner, when he has been duly diligent, is not only exempted in accordance with

Piller and Piller

318 Or. App. 836 · Court of Appeals of Oregon · Apr 6, 2022

The trial court issued a dissolution judgment awarding wife half the value of husband’s PERS member’s account and directed wife to submit a Qualified Domestic Relations Order (QDRO) to the court. … It may be, as wife argues, that the prem- ises of husband’s argument could have been stated more clearly.

Truckstop Skatepark v. Deschutes County, Tc-Md 101114d (or.tax 3-1-2011)

Oregon Tax Court · Mar 1, 2011

property owned, leased, subleased or being purchased by it; and "(b) It is expressly agreed within the lease, sublease or lease-purchase agreement that the rent payable by the institution, organization or public body has been established … ORS 307.140 clearly states that "any part of any house of public worship or other additional buildings or property which is kept or *Page 6 used as a store or shop or for any purpose other than those stated in this section

State v. Acker

175 Or. App. 145 · Court of Appeals of Oregon · Jul 5, 2001

Defendant first argues that the DA’s office’s policy for plea negotiations violates the equal privileges and immunities clause because it allows for disparate treatment of individuals based on an impermissible criterion—the … The answer, we believe, is a qualified “no,” under the rationale of McDonnell II.

Shotgun Creek Ranch, LLC v. Crook County

219 Or. App. 375 · Court of Appeals of Oregon · Apr 16, 2008

In other words, what was the legislature’s intention in changing a statute that clearly authorized county governing bodies to legalize roads whose status as county roads was dubious, into a statute that appeared to authorize … But see ORS 368.211 (requiring county governing body to provide limited compensation to qualified applicants).

State Highway Commission v. Parker

225 Or. 143 · Oregon Supreme Court · Dec 7, 1960

We now quote from the decision: “Were witnesses Pierce and Liley qualified to testify to the value of land? … In order to establish the amount payable the city called one J. L. Pettinger, an expert.

Baguiao v. Coffman

District Court, D. Oregon · Dec 17, 2019

Coffman is shielded from liability by the doctrine of qualified immunity; and (4) Ms. Baguiao’s claims against Ms. Coffman in her official capacity are barred by the Eleventh Amendment. Def.’s Mot. Summ. … Baguiao’s claims are without merit, I do not address qualified immunity or the Eleventh Amendment. 1 The Policy as an Ex Post Facto Law As the United States Supreme Court has made clear, “[t]he Constitution

General Electric Co. v. Wattle

207 Or. 302 · Oregon Supreme Court · Apr 18, 1956

The defendant was not a party to any of such contracts, but he had express notice of their existence and of the minimum prices thereby established. … This statute clearly violates the provisions of the due-process clause of the Constitution of the State of Georgia.” See also Grayson-Robinson Stores, Inc. v. Oneida Ltd., 209 Ga 613, 75 SE2d 161, 165 ; Harris v.

Brown v. Gatti

341 Or. 452 · Oregon Supreme Court · Oct 12, 2006

In determining whether a statement is capable of a defamatory meaning, moreover, courts must be careful not to tread on the jury’s role as the finder of fact: *460 “ ‘In many cases imputations are so clearly innocent that … In particular, the immediately preceding sentence appears to us to establish that Gatti meant only that Brown was not board certified as a plastic surgeon: “The award disappointed the woman’s lawyer, who was seeking more

Waggoner v. Husk

337 Or. App. 519 · Court of Appeals of Oregon · Jan 29, 2025

First, the defendant must establish that the claim falls within the scope of protected activity under ORS 31.150(2). … If that is established, then, second, “the burden shifts to the plaintiff in the action to establish 1 ORS 31.150 has been amended since the trial court ruled on defendant’s motion.

State v. Cartwright

173 Or. App. 59 · Court of Appeals of Oregon · Mar 14, 2001

Pelham, 136 Or App 336, 344-45 , 901 P2d 972 (1995), rev den 323 Or 264 (1996), or otherwise “demonstrably relevant” and with established “bearing” on the criminal case. Nixon, 418 US at 712-13 . … , not absolute, immunity.

Portland Trust & Savings Bank v. United States

24 F. Supp. 953 · District Court, D. Oregon · Oct 3, 1938

The sovereignty of the United States insures immunity to suit without consent. … No revolutionary innovation in legal theory is propounded by these decisions, but rather a conformity to established construction of statutes of limitation from Jacobean times to the present. 13 The stipulated facts do not

State v. Harberts

109 Or. App. 533 · Court of Appeals of Oregon · Nov 13, 1991

The court held in Green that, although the state could not introduce evidence concerning a polygraph examination either to establish whether a defendant was telling the truth or to establish the voluntariness of a confession … The decision clearly means that the sanitized evidence is admissible, regardless of what the defendant might do or not do in response.

In re Ellis / Rosenbaum

Oregon Supreme Court · Feb 20, 2015

See 356 Or at 746 n 45 (noting requirements for immunity or nonprosecution agreement). … It was the document production itself—not necessarily the accuseds’ participation in the production—that most clearly had potential adverse consequences to the Daltry and Samper.

Carl v. Department of Revenue

6 Or. Tax 347 · Oregon Tax Court · Mar 10, 1976

He had never bought, sold or grown timber and did not consider himself a qualified timber cruiser (merely maldng estimates when required in conjunction with his farm appraisals). Mr. … The disastrous effect as to the subject property bottomlands was clearly *359 presented by competent witnesses and impressive exhibits. Mr.

Moore v. Portland Public Schools

328 Or. App. 391 · Court of Appeals of Oregon · Sep 27, 2023

The legislature’s express but narrow abrogation of the common-law rule of parental immunity for parents with legal custody is inconsistent with plaintiffs’ expansive view of vicarious liability for a school district. … We conclude that a plaintiff alleging discrimination because of sex pro- hibited by ORS 659A.030(1)(b) need not establish that the employer only discriminated against members of the plain- tiff’s sex in order to establish

Martin v. City of Tigard

14 Or. Tax 517 · Oregon Tax Court · Feb 17, 1999

The Supreme Court found that, in adopting section 11b, the voters did not intend to alter the well-established meaning of the term “local improvement.” … The above statute clearly makes ORS 305.580 the exclusive remedy and ORS 305.583 3 gives jurisdiction of that remedy to the Tax Court. There are no limitations or conditions in ORS 305.580.

Garbarino v. VAN CLEAVE

214 Or. 554 · Oregon Supreme Court · Sep 24, 1958

The rule of the civil law regarding surface waters is now firmly established as the law of Oregon. In Street v. … It was clearly established that there were extended periods of unusually heavy precipitation during the winter.