Case law

In re the Constitutionality of the Oregon Mass Transportation Financing Authority

284 Or. 241 · Oregon Supreme Court · Nov 15, 1978

The Act, briefly summarized, creates the Oregon Mass Transportation Financing Authority and authorizes the Authority to assist mass transit districts established under ORS 267.010 to 267.390 in financing transit facilities … The petitioner, Walsh Construction Co., is a builder of low-income housing and as such is eligible to become a 'qualified housing sponsor’ as defined in ORS 456.615 (14).

Kirwan v. Dept. of Rev.

21 Or. Tax 424 · Oregon Tax Court · Jul 15, 2014

Allowable deductions from taxable income are “a matter of legislative grace and * * * the burden of clearly showing the right to the claimed deduction is on the taxpayer.” Interstate Transit Lines v. … Whether taxpayers’ expenses qualify as ordinary and necessary is essen- tially a question of fact and “it must appear that there is a proximate—rather than merely a remote or incidental— relationship between the claimed expenses

Hurst v. First Student, Inc.

181 F. Supp. 3d 827 · District Court, D. Oregon · Apr 16, 2016

First Student reviews the applications and offers qualified applicants an interview. Criddle •Dep. 10:18-22. … These factors clearly apply only to employees, not trainees.”); Helde v.

Willis v. Nationwide Debt Settlement Group

878 F. Supp. 2d 1208 · District Court, D. Oregon · Mar 30, 2012

The Nationwide Service Agreement requires Plaintiffs to establish an SPA with Global. … The unilateral right to select an arbitrator clearly favors Global.

Friends of the Columbia Gorge, Inc. v. Columbia River Gorge Commission

236 Or. App. 479 · Court of Appeals of Oregon · Aug 9, 2010

Instead, as Friends A131299 establishes, “new information” includes information that the commission simply has not considered before. 218 Or App at 245-46. … In enacting that scheme, Congress clearly envisioned that the management plan would evolve as circumstances and conditions changed.

Brooks Resources Corp. v. Department of Revenue

286 Or. 499 · Oregon Supreme Court · Jun 5, 1979

Mason’s credentials as a golf pro appear unassailable, there is no indication that he would qualify as an expert witness in accounting or real estate appraising. … Shields did not establish any rule of law to govern cases, such as the present one, which involve entirely different facts.

Eugene Sand & Gravel, Inc. v. City of Eugene

276 Or. 1007 · Oregon Supreme Court · Dec 16, 1976

The test of "purpose,” "primary effect” and "entanglement. ” The test established by the Supreme Court of the United States for application in determining whether a law is constitutional under the First Amendment "Establishment … in determining whether the "Establishment Clause” of the Constitution of the United States has been violated.

State v. Sparks

228 Or. App. 163 · Court of Appeals of Oregon · Apr 29, 2009

The inventory, then, was beyond the authority established by the policy and was therefore invalid. State v. Atkinson, 298 Or 1 , 688 P2d 832 (1984). … Miller, 196 Or App 354, 361-62 , 103 P3d 112 (2004), rev den, 338 Or 488 (2005), and an “attempted transfer” qualifies as “delivery” under ORS 475.005(8) (“delivery” is “actual, constructive or attempted transfer”).

Grabhorn, Inc. v. Washington County

255 Or. App. 369 · Court of Appeals of Oregon · Feb 21, 2013

A decision about whether Grabhorn’s current operation is permitted clearly involves the “application” of a “land use regulation,” and therefore would appear to qualify as a “land use decision” subject to LUBA’s exclusive … Rather, the county determined that the 1991 LUCS was legally insufficient to establish that compatibility.

Burns v. LVNV Funding LLC

District Court, D. Oregon · Oct 18, 2024

Noerr-Pennington Immunity LVNV argues that Plaintiff’s FDCPA claim is barred by the Noerr-Pennington doctrine, but cites no case applying this immunity in FDCPA context. … Noerr- Pennington immunity arose in the antitrust field and the Supreme Court has extended it to other contexts, Sosa, 437 F.3d at 929–31, but LVNV has presented no authority to support applying this immunity to the FDCPA

Moutal v. Exel, Inc.

District Court, D. Oregon · May 6, 2020

Oregon has a “constitutionally recognized interest in asserting its sovereign immunity.” Id. … For example, Defendant 4 Defendant even notes that Horton established “an as-applied test to the constitutionality of the noneconomic damages cap.” Def. Reply 4.

Purvis v. Commissioner of the Social Security Administration

57 F. Supp. 2d 1088 · District Court, D. Oregon · Jul 6, 1999

The records, however, clearly support that finding. … Therefore, it is unclear whether symptoms have established a baseline post substance abuse.

Board of Medical Examiners v. Mintz

233 Or. 441 · Oregon Supreme Court · Feb 20, 1963

The court adopted the view expressed in an earlier case that “the standards of conduct generally accepted by practitioners in the State of New York are not so indefinite that they cannot be determined by qualified persons … The act of procuring an abortion contrary to the provisions of ORS 677.190 (2) is clearly unpro *449 fessional conduct. ⑨ The charge against defendant is that he “did administer * * * drugs or substances * * * for the purpose

State v. Serrano

346 Or. 311 · Oregon Supreme Court · Jun 25, 2009

CONCLUSION In summary, wife’s notes to defendant qualified as confidential communications within the meaning of OEC 505(l)(a). … However, the evidence at the hearing established that wife had written two notes on different occasions and established the full extent of the content of the various communications that we analyze below. 4 The testimonial

Herechberger

District Court, D. Oregon · Mar 17, 2026

Patterson is Qualified to Offer Infection Preventionist Testimony PeaceHealth contends that Patterson is not qualified to offer expert testimony because she lacks relevant education, training, and experience. Def. … Plaintiffs contend that if Patterson does not qualify as a scientific or medical expert, she does qualify to offer expert opinion based on her knowledge and experience as an infection control nurse at SLMC during

Combs

District Court, D. Oregon · Mar 17, 2026

Patterson is Qualified to Offer Infection Preventionist Testimony PeaceHealth contends that Patterson is not qualified to offer expert testimony because she lacks relevant education, training, and experience. Def. … Plaintiffs contend that if Patterson does not qualify as a scientific or medical expert, she does qualify to offer expert opinion based on her knowledge and experience as an infection control nurse at SLMC during

Swango v. Nationstar Sub1, LLC

292 F. Supp. 3d 1134 · District Court, D. Oregon · Feb 2, 2018

not clearly fit within any other listed predicate violation. … requires the plaintiff to establish proximate causation."

In Re Harrell

801 P.2d 852 · Court of Appeals of Oregon · Nov 21, 1990

If and when that happens, his ability to qualify for public assistance will be severely limited. … Clearly, the statute does not go that far.

Bahri v. Home Depot USA, Inc.

242 F. Supp. 2d 922 · District Court, D. Oregon · Dec 18, 2002

However, Home Depot argues that Roberge cannot establish his prima facie case for failure to promote because he cannot show that he applied for and was qualified for any particular job opening. … employees who were promoted were more qualified than Roberge.

Harbert v. Miller

District Court, D. Oregon · Aug 8, 2019

Those are clearly fighting words. … immunity.